Haryana

Panchkula

CC/154/2015

DEEPAK KHOSLA. - Complainant(s)

Versus

M/S K.C ROYAL HOTEL &SPA. - Opp.Party(s)

COMPLAINANT IN PERSON.

06 Nov 2015

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	154 of 2015
Date of Institution	:	18.08.2015
Date of Decision	:	06.11.2015

                                                                                          

Deepak Khosla son of late Shri M.S.Khosla resident of House No.3422/1 Modern Housing Complex, Mani Majra, Chandigarh (U.T.)

 

                                                                                 ….Complainant

Versus

M/s K.C.Royal Hotel & Spa now renamed Holiday Inn Spa Sector 3 City Centre Panchkula, Haryana through its General Manager-cum-Banquet Manager.

                                                                   …. Opposite party

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Quorum:               Mr.Dharam Pal, President.

Mrs. Anita Kapoor, Member.

Sh.S.P.Attri, Member

                            

For the Parties:     Complainant in person.

OP is exparte.

ORDER

(Dharm Pal,  President )

1. The complainant-Deepak Khosla has filed this complaint against the OP with the averments that he had booked the hotel of OP for 14.08.2014 night to celebrate the marriage of his daughter. The expected guests were 200-250 including drivers and the rate per person with all facilities as mentioned in para No.2 of this complaint was settled as Rs.1250/- including all taxes. The complainant had paid Rs.3,25,000/- to the OP in advance through cheques which were en-cashed by it.  It is further averred that 223 persons had attended the marriage party but the OP had failed to provide the facilities such as proper supply of electricity, fountain and other lights. The complainant brought such things into the knowledge of the staff of OP but all fell on deaf ears. The complainant carried out the phera/lava ceremony with utmost difficulty and even the relatives of the complainant were also unhappy with the poor arrangement of the OP.  Thereafter the OP started harassing the complainant by making demand of Rs.25,000/- as an additional amount and they also took a cheque of Rs.25,000/- from him forcibly despite the fact that nothing was due towards him. Due to the act and conduct of the OP the complainant and his family has undergone mental agony, harassment and deficiency in service on its part.  In evidence, the complainant has tendered affidavit and documents Annexure CA, Annexure C1 to Annexure C3 and closed the evidence. 
2. Notice was issued to the OP through registered post but the OP refused to receive the same, therefore, it was proceeded against ex-parte vide order dated 24.09.2015.
3. We have heard complainant appearing in person and have also perused the record.
4. The complainant got served legal notice dated 30.08.2014 upon the Op and placed the same on record as Mark A. Mark B is the copy of reply dated 27.10.2014 submitted by the OP and this very document reveals that while booking of hotel for the purpose of marriage of daughter of the complainant an agreement was executed between them on dated 06.07.2014. The complainant was agreed upon with the terms and conditions mentioned therein. The complainant has also placed on record the final bill dated 29.08.2014 settled between the parties as Annexure C-2 and perusal thereof reveals that the complainant had paid Rs.3,50,000/- to the OP  vide receipt Annexure C3 issued by authorized signatory of the KC Hotel and Spa. Perusal of Annexure C2 also reveals that on dated 29.8.2014 nothing was due towards the complainant. From the reply to the legal notice it is clear that minimum 250 guests were guaranteed and accordingly the OP would charge from the complainant but only 223 guests had attended the marriage including 8 drivers and accordingly the OP had charged for the minimum 250 guests as guaranteed.   It is pertinent to mention here that the nature of the Consumer Protection Act is benevolent but it is settled law that one who seeks equity must do equity. In the present case the complainant has withheld the vital document i.e. agreement dated 06.07.2014 executed between the parties from this Forum. Though the complainant has placed on record Annexure C1 i.e. copy of estimate and rough work, on the case file but the same is not suffice to prove that the OP was deficient in providing service to the complainant. Another surprising factor which this Forum has noted that the estimate and rough work (Annexure C1) was for the month of May and the marriage of the daughter of the complainant had taken place on 14.08.2014.  Moreso, the complainant has taken the plea that the OP had taken cheque of Rs.25,000/- from  him forcibly and the OP had harassed and humiliated his family members but to prove this plea he has not led any clinching evidence. Had it been so the complainant should have taken legal action against the OP but instead of taking legal action the complainant has filed the present complaint. Mere allegations without any authentic evidence have no evidentiary value in the eyes of law. Though in the present case the OP has not appeared before this Forum and also not joined the proceedings but it does not give any right to the complainant to take the benefit of this as it is well settled law that the complainant is to stand on its own legs without taking the benefit of other party. The complainant has failed to prove any deficiency on the part of Op and the complaint deserves dismissal.
5. Keeping in view the facts and circumstances mentioned above, we dismiss the present complaint. There is no order as to cost. Copy of this order be supplied to both the parties free of cost.  File be consigned after due compliance

 

 

ANNOUNCED

06.11.2015       S.P.ATTRI       ANITA KAPOOR             DHARAM PAL

                           MEMBER        MEMBER                        PRESIDENT

 

 

Note: Each and every page of this order has been duly signed by me.

 

                                 

                                                                   DHARAMPAL

                                                                     PRESIDENT