The complainant is present in person. Today is fixed for admission hearing of this complaint.

On perusal of the petition of complaint it is evident to us that the complainant booked a room of the OP for the period from 12.10.2021 to 17.10.2021 with the intention of spending vacation of Gopalpur and for this purpose the complainant advanced of Rs. 5,000/- to the OP in the bank account lying in the name of ‘Song of the Sea’ as per the advice of the owner of the said hotel. But due to some reason the complainant cancelled the said booking and prayed for refund of the advance amount of Rs. 5,000/- to him. It is stated in the petition of complaint that as he did not get any response from the OP towards the said booking, the complainant contact with the OP on 08.09.2021 over telephone and suggested him to cancel the booking. It is also mentioned by the complainant in the paragraph no. 4 that in reply to his insistence the OP sent him a WhatsApp message towards the acknowledgement of the payment against allotment of a room. It is stated by the complainant that the OP had refused to refund any amount to him, rather the OP said that refund is not possible. As the OP did not refund him the advanced amount of Rs. 5,000/- for Redressal of his grievance, the complainant has approached before this Ld. Commission praying for direction to the OP to refund the paid amount of Rs. 5,000/- to him along with litigation cost.

During hearing on the point admissibility of this complaint the complainant was asked to show the document fromwhere refund clause is available. But the complainant has measurably failed to produce any document fromwhere it will be evident that in case of cancellation of the booking at the OP’s hotel, the complainant is entitled to get refund of the advanced amount paid by him. Until and Unless the cogent document is produced before the Ld. Bench, we are not in a position to come to the conclusion that the complainant is entitled to get refund of the advanced amount. On being asked the complainant has stated that no such document is lying with him and he cannot file the said document before this bench. As per Settled Law the onus lies to prove his/her complaint who asserts the same. In the instant complaint the complainant does not succeed to prove his claim by producing the cogent document.

Going by the foregoing discussion hence it is ordered that Consumer Complaint being no. 317/2021 is hereby dismissed without being admitted. There is no order as to cost.

Let a plaint copy of this order be supplied to the party free of cost as per CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER