In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.231/2012
1) Dr. Tanmay De,
Flat-3A, Merlin Daffodil,
10/7, Jyangra Ghoshpara Road,
P.S. Baguiati, Kolkata-59 (Previous address-
2/2, Selimpure Lane, 1st Floor, Kolkata-31). ---------- Complainant
---Versus---
1) Mr. D. Bhattacharya
C/o M/s. Wayfarers India Pvt. Ltd.
6B, Sultan Alam Road, P.S. Tollygunge
Besides Rabindra Sarovar Metro Station, Kolkata-33. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 7 Dated 29/01/2013.
The case of the complainant in short is that complainant paid Rs.4000/- and Rs.3190/- by cash to o.p. for the booking of a room each at GingerHotel at Mysore and at Hotel Geo at Bengaluru respectively. But on arrival at those two places, both the hotel authorities denied receiving any information from this tourist agent of Kolkata and complainant was puzzled facing this abnormal situation and again booked rooms paying instant cash. On those two occasions (9.10.11 at Mysore and 11.10.11 at Bengaluru) complainant tried to contact them several times over landline phone printed on their money receipts issued to him on 19.7.11 by every time it was kept on fax tone which got disconnected by its own.
On returning to Kolkata, complainant requested them, through a regd. letter dt.31.10.11 to pay back the amount due. They did not respond it and complainant sent several to SMS them (9831229131); every time they assured the complainant of paying back the amount. Complainant got SMS reply latest on 21.3.12 in response to one from complainant, in which they promised to deposit the amount in the first week of April, 2012 in the SB A/C of the complainant at Axis Bank (supplied earlier to them through a SMS dt.12.1.12). But it has neither been deposited nor been ssent to the complainant till date. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Sole o.p. did not contest this case by filing w/v and matter was heard ex parte against him.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular and we find that sole o.p. did not contest this case and matter was heard ex parte against him and the evidence adduced by complainant has remained unchallenged testimony and as such, we hold that the prayer of complainant deserves consideration and o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost agisnt the o.p. O.p. is directed to pay Rs.10,000/- (Rupees ten thousand) only to the complainant within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.
Supply certified copy of this order to the parties free of cost.
