BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
C.C. No. 505/2017 Filed on 19.12.2017
ORDER DATED: 14.11.2019
Complainant:
Ratheesh Kumar, 9/64/1, Primrose, Javahar Nagar, Kowdiar P.O, Thiruvananthapuram.
(By Adv. S. Vikraman)
Opposite party:
Manager, Wytemist Mountain Club, 14/309, NH Road, Kambiline, Anaviraty-685 561, Munnar.
This case having been heard on 07.08.2019, the Forum on 14.11.2019 delivered the following:
ORDER
SRI. P. SUDHIR: PRESIDENT
Complainant’s case is as follows: The complainant through online booked two cottages with the opposite party with garden view for a price of Rs. 23,034.38 each. Three night accommodation with other facilities as shown in the online advertisement is booked for Rs. 46,068.76 and a package advance of Rs. 60,737/- is paid on 29.09.2017. The check-in is on 28.09.2017 from 12.00, check-out is Sunday 1st October 2017. The copy of advertisement and facilities to be provided by the opposite party is made available online. Confirming the advertisement the complainant booked the cottages as agreed rate. The booking was made from Thiruvananthapuram for the accommodation of the family of the complainant. The complainant reached the opposite party on 29.09.2017 at 3 am and the room number allotted are room No. 111 and 112. These were not as cottages as mentioned in the booking and confirmation letter. On ascertaining that there was no facilities as mentioned online and the condition of the room and the mattress and other facilities available in the room are dirty and not hygienic in condition the complainant requested to withdraw the booking and requested to return the money advanced i.e; Rs. 60,737/-. All the mattress and pillows were dirty and there is no cleaning properly and the rooms are full of dirt and even the pillow covers and every arrangement is not as mentioned in the advertisement. The nature of service offered by the opposite party is a defective service for the money advanced by the complainant. The room rent comes to more than Rs. 8,000/- per day which is highly expensive but attracting the facilities provided by the opposite party through the advertisement it is believed that the opposite party will provide all the facilities, but to a shock the complainant and his family was forced to vacate the room since it was not suited as advertised by the opposite party. It was further agreed that the opposite party will arrange the facilities and provide good rooms with cleanness but they failed either to arrange the cottage or good rooms and lastly the complainant was forced to go out of the premises of the opposite party. Immediately the complainant requested to vacate the facility but the opposite party was not willing even to give receipt of the money from the complainant. The complainant vacated the rooms on 29.09.2017 at 11.30 am and was forced to get accommodation to another hotel named Silver Tips at Kozhippilly, Kothamangalam and stayed there till 01.10.2017. The Silver Tips Hotel authorities charged only Rs. 13,129/- from the complainant for their stay for three days. Since the opposite party failed to provide amenities as mentioned and collected the entire charges from the complainant without fulfilling the offers it is a deficiency in service. On vacating the rooms with the opposite party they have charged Rs. 13,760/- with Rs. 1,238/- each as tax and a total amount of Rs. 16,236/- is charged, but failed to return the advance money about Rs. 60,737/- collected from the complainant on 29.09.2017. As per cancellation policy of the opposite party it is agreed that they will charge only Rs. 5,100/- but instead they charged room rent of Rs. 13,760/- with tax. The opposite party has to return the advance amount of Rs. 60,737/-. The act of the opposite party is illegal and is a defective service and hence this complaint is filed before this Forum.
Notice sent to opposite party. Opposite party accepted the notice and not turned up. Hence opposite party set ex-parte.
Issues:
- Whether there is deficiency of service or unfair trade practice on the part of opposite party?
- Whether the complainant is entitled for the reliefs sought for?
Issues (i) & (ii):- Complainant filed chief examination affidavit and Exts. P1 to P6 marked. Since there is no contra evidence to look into, we have no other option but to proceed with the evidence hand. We are of the opinion that there is deficiency of service and unfair trade practice on the part of the opposite party. We direct the opposite party to refund the advance amount of Rs. 60,737/- and Rs. 10,000/- as compensation for the mental agony suffered by the complainant and Rs. 3,000/- towards the costs of the proceedings.
In the result, the complaint is allowed. Opposite party is directed to refund the advance amount of Rs. 60,737/- and Rs. 10,000/- as compensation for the mental agony suffered by the complainant and Rs. 3,000/- towards the costs of the proceedings within one month from the date of receipt of this order failing which Rs. 70,737/- (Rs. 60,737/- + Rs. 10,000/-) carries interest @ 6% per annum from the date of default till realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 14th day of November 2019.
Sd/-
P.SUDHIR : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
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C.C. No. 505/2017
APPENDIX
I COMPLAINANT’S WITNESS:
NIL
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of brochure
P2 - Copy of confirmation letter
P3 - Cash receipt dated 29.09.2017
P4 - Copy of bill dated 29.09.2017
P5 - Invoice issued by Silver Tips
P6 - Photos (8 Nos.)
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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