DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 62/2023
Date of Filing Date of Admission Date of Disposal
28.03.2022 20.04.2022 24.11.2023
Complainant/s:- | Arpit Gupta, 4 E, B Block, Akankha Apartment, 97/A, H.K. Sarkar Road, Koley Para, North 24 Parganas, West Bengal – 700123. Phone: 8375811938 Email: guptaarpit.vips@gamil.com =Vs= |
Opposite Party/s:- | The Authorised Signatory OYO (Oravel Stays Pvt. Ltd.), Having registered office at Ground Floor – 001, Mauryansh Elanza, Shyamal Cross Road, Near Parekh Hospital, Satelite, Ahmedabad, Gujrat, Pin – 380015. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint against the aforesaid Opposite Parties praying for direction to the Opposite Parties for proper service, refund of Rs. 167/-, compensation amounting to Rs. 15,000/- and other reliefs.
He alleged in the petition of complaint that he had booked two rooms at a hotel in Newtown through OYO for 26/11/2022 with booking id no. U8LM1292 and had paid an advance booking amount of Rs. 167/-. Complainant went to the said hotel in the night of booking date but aforesaid hotel denied the access of the Complainant saying that rooms are not available.
Thereafter, Complainant made contact with the customer case of OYO and on that time it was told to the Complainant that they would arrange a different hotel for the Complainant. After some time they informed the Complainant that they are unable to find out room elsewhere. Hence, the Complainant filed this complaint praying for aforesaid relief.
On perusal of record we find that Complainant filed track report and postal receipt. It appears that notice served upon O.P on 03/04/2023 but till 19/05/2023 O.P did not file W/V. Case is running ex-parte against the O.P.
Documents
Complainant at the time of filing this complaint filed the following documents:-
- Advance letter dated 14/12/2022……….3 sheets Net copy.
- Booking slip…………..4 sheets……….Net copy.
- PAN card (Xerox)
- Postal receipt…………..1 sheet Xerox.
- Track Report one sheet……..net copy.
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Complainant filed BNA.
Contd. To Page No. 2 . . . ./
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C.C. No. 62/2023
Decision with Reasons
It is the allegation of the Complainant that he booked one hotel room through the O.P for his stay on 26/11/2022 in a hotel at Newtown but hotel authority did not provide him any room which as per the Complainant is deficiency in service of the O.P. Complainant in support of his case filed affidavit-in-chief. In the said affidavit-in-chief he corroborated the entire allegation. On perusal of net copy of booking slip we find that Complainant booked one hotel namely OYO79759 M2IMM, DE Block, Action Area 1, Newtown, Kolkata for 2 rooms regarding stay of 4 adults. We also find that room charge was fixed as Rs. 4,450/- and after discount Complainant was asked to pay Rs. 1,668/-. We also find that OYO authority took Rs. 167/- as advance from the Complainant through his bank account through online successful transaction vide i.d. no. 233089721869. Accordingly, we find that Complainant has paid Rs. 167/- as advance regarding the aforesaid booking.
Complainant in his affidavit-in-chief clearly stated that he went to the aforesaid hotel but they denied to provide any room in favour of the Complainant. Aforesaid affidavit-in-chief is nothing but unchallenged testimony. Accordingly, we do not find any reason to disbelieve the same.
Having regard to the aforesaid discussion it is clear before us that Complainant has able to established his grievance by sufficient documents beyond reasonable doubt. Complainant is entitled to relief as per his prayer.
In the result, the present case succeeds.
Hence ,
It is ordered,
That the present case be and same vide no. C.C./62/2023 is allowed ex-parte against the O.P with cost of Rs. 3,000/- to be paid by O.P in favour of the Complainant.
O.P is further directed to refund Rs. 167/- in favour of the Complainant within 45 days from this day.
O.P is further directed to pay Rs. 5,000/- as compensation in favour of the Complainant for his harassment, mental pain and agony within 45 days from this day.
O.P is also directed to comply the aforesaid directions within the specified date, failing which the Complainant shall have liberty to put this order into execution.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
