Order No.   15    Dated   10-08-2015.

            The case of the complainant in short is that complainant booked air tickets and hotel through o.p. on 6.12.12 to visit Bangkok and Pattaya with his family. O.p. confirmed the tickets and hotel booking well in advance through their confirmation letter. When complainant reached at Pattaya on 21.1.13 complainant had been refused by the hotel authority of hotel Piyada Residence since there was no booking in the name of complainant and his family members. Complainant faced tremendous trouble at foreign land and after a lot of harassment they had to board in another hotel at much higher rate. Complainant lost their full day of scheduled visit on that very day for searching of alternative accommodation. Complainant informed o.p. for such harassment and financial loss. Complainant sought for compensation from o.p. but they refused to pay any compensation. Complainant contacted with o.p. through e-mail but in vain and he had to inform local police station vide G.D. No.2839 dt.28.5.13 after informing the local office of o.p. on 2.4.13. Hence the application praying for compensation.

            O.p. appeared before the Forum and filed w/v. In w/v o.p. denied all the material allegations interalia stated that as per jurisdiction of terms and conditions of the user agreement the Forum does not have jurisdiction to entertain the present dispute. They had also taken the plea of lack of territorial jurisdiction of this Forum. The booking made under both I.D’s were confirmed and there was no complaint with regard to air ticket booking. The booking of hotel was also confirmed and the due confirmation to this effect was also sent to hotel. “Hotel Piyada Residence, Pattaya” in which the accommodation for complainant was confirmed has not been made a party in the present case. Hotel Piyada Residence, Pattaya did not provide accommodation to complainant irrespective of the fact that the booking of the complainant was duly confirmed to that hotel. Hence, there is no deficiency on the part of o.p. and they prayed for dismissal of the case with cost.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant visited Bangkok and Pattaya with his family on 21.1.13 and for that purpose he booked his ticket and hotel through o.p. on 6.12.12. It is also admitted fact that when complainant reached Pattaya on 21.1.13 he had been refuse by Hotel Piyada Residence, Pattaya since there was no booking in the name of complainant. O.p. also admitted the fact that Hotel Piyada Residence, Pattaya did not provide the accommodation to complainant. O.p. issued the confirmation voucher towards hotel booking to the complainant. When Hotel Piyada Residence, Pattaya did not provide the accommodation to complainant, he tried to contact with o.p. over phone in that foreign land. Getting no assistance from the end of o.p. complainant had to book another hotel at a higher rate. Complainant and his family members faced tremendous trouble on that very day. From the documents we have observed that when o.p. informed about the complainant’s grievance they did not take any initiative to solve the problem. No document shows that o.p. contacted with Hotel Piyada Residence, Pattaya asking the reason why the accommodation was not given to complainant. O.p. has stated in their w/v. that they had booked the hotel properly for the complainant. This plea taken by o.p. is not tenable in the eye of law since they had not contacted with that very hotel of Pattaya in which hotel the booking had been made by them for the complainant. So, we find deficiency in service on the part of o.p. Complainant contacted with the o.p. and o.p. booked the hotel for complainant. So, the reason for non-providing hotel accommodation in Hotel Piyada Residency is best known to o.p  Therefore, the case does not suffer for non joinder of party. Complainant contacted with o.p. through several e-mail correspondences for compensation but o.p. did not pay any heed.

            In view of above, complainant has substantiated his case and is entitled to get relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.