C.C.No.172 of 13.8.2015

Rajbir Singh Vs. Mr.Kamalpreet Sethi

17.8.2015:Present:  Sh.Rajbir Singh, complainant in person.      

                ORDER

1. It is alleged by the complainant that he had booked hotel Eqbal INN for 8.12.2013, in respect of his family function having paid the cash amount of Rs.50,000/- against the total consideration of Rs.five lacs. Op no.2, the General Manager of Eqbal INN & Hotels Ltd. provided the Menu Card duly signed by him towards the booking proof but failed to give the proper receipt although the complainant demanded about the same and who replied that the booking is mentioned in the diary of the hotel and he need not worry. He also disclosed that he could not issue the booking receipt because of the income tax reasons.
2. For certain personal reasons, the complainant cancelled the booking two months before the scheduled date of the function. Op no.2 stated that he will refund the booking amount after the expiry of the date of the function i.e. 8^th December,2013 and therefore, the complainant in a good faith awaited the said date to come but the Ops failed to refund the amount. The complainant also contacted Op no.1 Mr.Kamalpreet Sethi, Managing Director of Eqbal Inn & Hotels Ltd. but he also failed to refund the amount.
3. In the month of March,2014, the complainant made a telephonic call to Op no.1 and asked for the issuance of the receipt for Rs.50,000/- but Op no.2 failed to supply the same and said that he was the General Manager of the hotel and the payment was in his knowledge and that he had also informed his Managing Director regarding the booking but he could not give the receipt. The complainant has also placed on file Annexure C3, the CD of the said conversation dated 9.3.2014.Thereafter, the complainant visited the Hotel/Op no.2 in connection with the refund of the amount but Op no.2 replied that he had not given any booking money to them. At this the complainant asked Op no.2 to show his booking diary and at this Op no.2 said that the same was lying with Income Tax Officer. At this the complainant got the Ops served with a legal notice dated 22.5.2014 but to no effect. Accordingly the complainant brought this complaint against the Ops for a direction to the Ops to refund the booking amount of Rs.50,000/- with interest @18% per annum; to pay him Rs.40,000/- by way of compensation on account of the harassment and mental agony experienced by him and further to award him Rs.10,000/-towards litigation expenses.
4. “Consumer” has been defined under Section 2(1)(d)(i) of the Consumer Protection Act to be a person who (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised, or under  any system of deferred payment and includes any beneficiary of such services other than the person who ²[hires or avails of] the  services for consideration paid or promised or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person ³[but does not include a person who avails of such services for any commercial purpose].”

5. Firstly in our case the complainant has not been able to show that he paid the amount of Rs.50,000/- for booking the hotel Eqbal Inn for 8.12.2013 in connection with the arranging of a family function by the complainant. The complainant has placed on file Annexure C1, which is the photo copy of the Banquet Menu,which no where states that any amount of Rs.50,000/-was received by Op no.2 from the complainant and rather it contains the terms and conditions on the basis of which the services have to be provided. Another document produced by the complainant is Annexure C2, a photo copy of the visiting card of the General Manager D.S.Basera of Eqbal Inn&Hotels Ltd. It is really surprising that the complainant could not obtain a receipt from Op no.2, in respect of the booking of the hotel made by him with Op no.2 and was satisfied with the copy of the Banquet Menu.
6. Even if, we rely upon the allegations made in the complaint that he had made the payment of the booking amount of Rs.50,000/- to Op no.2, nothing is alleged by the complainant about any  deficiency  of  service  on the part of the Ops because

the function had yet to be arranged on 8.12.2013.In case the complainant realizes that he is entitled to the refund of the booking amount, he can ask for the recovery of the same through a court of law on account of denial made by the Ops. To the contrary, in the copy of the Banquet Menu Annexure C1 under the terms and conditions, it is stated, “The advance is paid for the function will be not refund, can be adjust in further function”. Therefore, as per the terms and conditions also the complainant cannot ask for the refund of the booking amount and we are not in a position to say  primafacie that failure on the part of the Ops to refund the booking amount is a deficiency of service or unfair trade practice. The remedy of the complainant, if any, lies  with the civil court to recover the booking amount. The complaint is rejected accordingly. Copy of the order be supplied to the complainant free of cost.

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