ORDER Order No. . Shri B. Mukhopadhyay, President. This is an application u/s.12 of the C.P. Act, 1986. Complainant by filing this complaint submitted that he booked for holiday trip on 1st July, 2011 from the OP1 for a six days trip (from 1st October, 2011) to Rishyap, Lava, Kalimpong and Darjeeling etc. and OPs 2 and 3 on behalf of the OP1 assured the complainant for all comfort in their booked hotels and it was arranged to facilitate thirteen members of the complainant’s family and an amount of Rs.10,800/- was paid in advance on 1st July, 2011 vide bill no.4127 and complainant had to pay extra cot and services charges at spot. But anyhow the OP never mentioned the room nos. of the OP4 only, but they did it in cases of hotels in Rishyap, Lava and Kalimpong. That on 05-10-2011 on their arrival at Darjeeling Bus stands at about 3 p.m. the complainant contacted OP5 over phone to send a hotel staff to lead them towards OP4 and after sometime a person appeared and claimed himself Avinash representing him as a staff of OP4, and informed them that due to recent earthquake the booked rooms were damaged so the complainant and his family members cannot stay there. In this situation the complainant and his family members became totally puzzled and confused. The complainant contacted OP5 i.e. Mr. Lakhani @ Mr. Lakhotia and he instructed to check-in into another hotel named Luk Lodge which might be arranged by him and complainant also contacted OPs 2 and 3 several times, they told him to take the matter before Local P.S. but OP5 restrained the complainant to take any action against him through local police station and also threatened the complainant. Ultimately, complainant after conversation with OP6 and more than three hours complainant and his family members were forced to spend the time on the road. The OP6 was not a hotel just having lodging facility with inadequate service and entire atmosphere of OP6 is unpalatable and it was substandard compared to the hotel for which the complainant paid. The OP6 adjusted their bill with advance paid for OP4 and also charged 10% service charge i.e. Rs.1,080/-. But OP5 informed the complainant that he sent all the information about the present situation of OP4 after the earthquake to the OP1 from their end and told them to cancel all the bookings but practically no intimation was made to the complainant in this regard and practically for negligent manner of service complainant suffered even after spending huge amount and failed to enjoy that Puja Vacation trip. In the above situation complainant asked the OP1 to refund the entire money paid by him but even after phone calls OP did not talk or even today and in the above circumstances, complainant has prayed for refund of the entire amount from the OP1 along with service charge etc. and harassment cost. On the other hand that the OPs 1 to 3 by filing written version submitted that complainant no doubt paid Rs.10,800/- for two double bedded room and two triple bedded rooms at “Hotel Polinia” located at Darjeeling to be occupied by him on 05-10-2011 to 07-10-2911 Rs.10,800/- in advance as consideration for the room charge at the aforesaid hotel from the OP1 and to that effect confirmation was done by a person named Mr. Lakhani being the OP5 but it was inadvertently written as Lakhotia. It is further submitted that the staff of the OP5 and it is further submitted that after arrival of the complainant, due to change of situation the representative from the Hotel Polinia met the complainant and helped him to get alternative accommodation, therefore, OPs1 to 3 have done whatever they could do as a booking agent and practically there is no deficiency on the part of the OPs1 to 3 as booking agents and they have nothing to do in view of the changed situation and OPs have no intention to deprive the complainant by any manner whatsoever. And all other arrangements have been made by the OPs in such situation for their tour at Rishyap or Kalimpong. So it is clear that the complainant was enjoyed the said tour except at Darjeeling due to earthquake but it was due to natural calamity and practically the OP2 helped him and they stayed and no such complaint was lodged at that time but after enjoying the trip they alleged and they have prayed for dismissal of this case. Decision with Reasons On an indepth study of the complainant and written version we have gathered that the complainant paid Rs.10,800/- to Hotel Polinia through the agent OPs 1 to 3. Except their non-availability of the seat at hotel Polinia on the date of their stay from 05-10-2011 to 07-10-2011 other part of arrangement was made by the OPs 1 to 3 which was satisfactory. But after considering the argument of the Lawyers of both the parties and also considering the natural calamities i.e. earthquake what occurred at that time we are convinced to hold that Hotel Polinia was affected due to earthquake and no tourist was permitted to stay for which OPs1 to 3 arranged another hotel where they stayed but about other part of journey or stay there is no compliant against OPs 1 to 3 or any other person. Then our total thought must be centered to the grievance of the complainant regarding non-availability of Hotel Polinia but in this regard we have minutely considered the entire materials and position of Darjeeling at the relevant time (05-10-2011 to 07-10-2011) and we are confirmed that there was no scope to give anybody any seat as per booking arrangement to the complainant because due to earthquake all tourists were removed from hotel Polinia and if we consider the fact we can say that life of tourist is more valuable than any sort of enjoyment after such earthquake but it is admitted fact that the oPs1 to 3’s representative took initiative and made alternative accommodation but at that time there was no complaint and thereafter, complainant enjoyed other tours and after return and enjoying alternative hotel at Darjeeling they are claiming that was not up to the mark. Anyhow, the complainant is a human being he ought to have thought that at the relevant time any substitute hotel is highly required and the OPs1 to 3 gave them substitute hotel and boarding where they stayed and in such natural calamities no doubt there was a good service on the part of the OPs1 to 3 and no further charge was taken by the OPs 1 to 3 and fact remains Hotel Polinia Authority gave the said money to the another hotel where the complainants were placed by OPs 1 to 3. So, it is clear that Polinia Hotel did not take the amount but adjusted the amount for stay in their alternative hotel and that hotel charged service charge was extent of Rs.1,080/- and that is always payable to any hotel authority that is probably 10% and it is paid by all the tourist and no doubt the said hotel Luk Lodge did not charge any excess amount but if we apply our judicial mind in deciding the grievance and also consider the very situation at the Darjeeling at the reasonable time and further continuous help of the OPs1 to 3 to the complainant for getting alternative accommodation at Luk Lodge we are inclined to hold that directly or indirectly OPs 1 to 3 rendered good service as agents. Hotel Polinia also gave the entire amount to hotel Luk Lodge. So, invariably Hotel Polinia did not receive ultimately Rs.10,800/- but it was given to Luk Lodge against alternative arrangement of the complainant. May be standard of Polinia and Luk Lodge are not same but in that situation the Luk Lodge was luck to the complainant otherwise complainants shall have to stay on the rail station along with 13 members of his family or in other place. Considering the above facts and circumstances, we have gathered that, in fact, there is no creditable evidence to show that anyway OP have cheated or deceived the complainant or anyway they did not given any proper service rather it is proved in such a critical situation all the OPs helped the complainant and his family members for their alternative condition and also helped them to complete their journey ultimately and truth is that the complainant completed their entire journey positively. In the above circumstance, complaint fails. Hence, Ordered That the complaint be and the same is dismissed against the OPs but without any cost.
| [HON'ABLE MR. Ashok Kumar Chanda] MEMBER[HON'ABLE MR. Bipin Muhopadhyay] PRESIDENT[HON'ABLE MRS. Sangita Paul] MEMBER | |