Uttar Pradesh

Aligarh

CC/7/2018

ABDUL AJIJ - Complainant(s)

Versus

MALIK EXPRESS TRAVEL ENTERPRISES - Opp.Party(s)

17 May 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/7/2018 ( Date of Filing : 17 Jan 2018 )   1. ABDUL AJIJ S/O ALLA MAHAR R/O GALI NO 2 FORT ENCLAVE NAGALA PATWARI THANA QUARASI ALIGARH ...........Complainant(s) Versus 1. MALIK EXPRESS TRAVEL ENTERPRISES REGISTRED SAMAD ROAD ALIGARH BY MANAGER/ONWER/ PRO SRI VINOD KUMAR ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER   HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER

PRESENT:

Dated : 17 May 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Ops be directed to pay  Rs.8321/. Ops be directed to pay companstion for harassment Rs.5000/ and litigation expenses Rs.2000/.  The Complainant has stated that he had paid Rs. 17661/ on 14.6.2017 to Op for booking a room in hotel Neelam Raj at Malli Tal Nanital for stay of three nights. OP has refunded on making protest of excessive rate. On 14.6.2017 when the complainant reached the hotel he found that the hotel was ordinary and there was no facility of one star hotel as assured by OP. Complainant had no other option and he had to stay there . the manager of hotel had received Rs.1660/ and thus op had received Rs.8321/ in excess from the complainant. This is fraudulent act on the part of the Op. Complainant is in service in AMU, Aligarh. OP has knowingly return the notice of  complainant     Ops did not contest the case despite of sufficient Service.  Complainant has filed his affidavit and papers in support of his pleadings. We have perused the material available on record and heard the complainant’s counsel. Complainant has stated his case on oath and the op had not rebutted the case. Complainant’s case stands proved. We have hereby direct to op to pay the complainant Rs 8321 with pendente lite and future interest at the rate 10% per annum, compensation for harassment at Rs.5000/ and litigation expenses Rs.2000/  OP shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER     [HON'BLE MRS. PURNIMA SINGH RAJPOOT] MEMBER