Order No. 14.     Dated:   16.03.2022.

Record is put up for order in respect of application dated 05.02.2022 filed by the Ops.

The matter was heard on 16.02.2022.

By filing the impugned application, the Ops have prayed for rejection of the consumer complaint on the ground that there was no deficiency in service and unfair trade practice on the part of the Ops as the complainant never stayed at Op’s hotel situated at Gantok. Ld.Advocate for the Ops submitted that vide email dated 23.10.2019 the complainant requested to cancel their booking with a request to refund the advance amount in his bank account. The advanced amount has been transferred to the complainant’s Bank Account which is duly confirmed by their Banker HDFC Bank Ltd. Therefore, the instant consumer complaint is not maintainable in its present form and in law.

Despite service of maintainability application, none appears for the complainant to oppose the prayer of the Ops. Ultimately, the Miscellaneous Application was heard exparte.

Having heard the Ld.Advocate for the Ops as well as on perusal of the complaint petition along with Miscellaneous Application dated 05.02.2021 coupled with its annexures thereto, we find that the booking amount has already been credited to the Bank Account of the complainant. Booking was cancelled on the request of the complainant and the booking amount has also credited to the Bank Account of the complainant. Thus, there is no deficiency in service and unfair trade practice on the part of the Ops. Therefore, the instant consumer complaint is not maintainable in its present form and law. Accordingly, the prayer of the Ops in allowed exparte.

Thus, MA being no.141/2022 is disposed off.

Consequently, the Consumer Case being no.167/2020 is dismissed being not maintainable.