BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL  FORUM,    SIRSA.

                                                              Complaint Case no. 523 of  2019    

                                                          Date of Institution:          11.09.2019

                                                          Date of Decision:     4.12.2019

          Sumit Singla, aged about 48 years s/o Sh. Kunwarjit Singla, R/o H. No. 406, Gali  No.6, Aggarsain Colony, Sirsa, Tehsil and District Sirsa- 125055 (Haryana).                                                                      

                                                                                           ………Complainant.

                                      Versus

          Oyo Rooms: Oravel Stays Private Limited, Unit- 325, B-2, Tower, Spze-I, Tech   Park, Sohna Road, Sector-49, Gurgaon- 122002, Haryana through its Managing Director.

                                        ……… Opposite party.

                    Complaint under Section 12 of the Consumer Protection Act, 1986.

          Before:        SH. R.L.AHUJA ………………. PRESIDENT

          SMT. SUKHDEEP KAUR ……MEMBER.

          Present:           Sh. K.J. Singla , Advocate for complainant.

          Opposite party exparte.

          ORDER

                    In brief, case of complainant is that complainant in the summer      vacation went to Darjeeling with his family and before going there, the         complainant booked one room of Hotel namely Potala through op’s company    through online vide booking ID No. XYVM3249 for 1.6.2019 and 2.6.2019 and        paid Rs.2027/- in advance from the account of his wife Smt. Dimple Singla bearing      account no. 826720010011480 maintained with Syndicate Bank. It is further   averred that when the complainant with his family reached at Darjeeling and      contacted to the Manager of op’s company regarding booking of room, then op     told that there is no booking of room from complainant’s side. The complainant           asked the Manager of the Hotel to see their record regarding money sent through           online but the Manager of the hotel did not give any satisfactory reply and refused     to give room in the hotel. It is further averred that complainant made three complaints bearing Nos. 16120635, 16125353 and 16104572 to the op’s customer      care centre but the op did not give proper response to the complainant. The        complainant with his family came on the road and he had to go to certain places for    taking room because there was very cold weather and they had to face shivering       and lastly the complainant get room by paying Rs.4700/-. In this way, the      complainant and his family suffered harassment at the hands of op. Moreover, the          conduct of op towards the complainant was also not good and op caused unfair        trade practice and deficiency in service towards the complainant, therefore,   complainant is entitled to compensation of Rs.3,50,000/- from the op. That complainant sent a legal notice on 24.6.2019 to the op but to no effect. Hence, thiscomplaint.    

 2.               Notice of the complaint was issued to the opposite party through   registered cover but none appeared on behalf of op despite passing of more than 30         days and therefore, op was proceeded against exparte.     

3.                The complainant then led his evidence.                                                                

  4.                We have heard learned counsel for complainant and have perused the case file carefully.

5.                The complainant in order to prove his complaint has furnished his   affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made    in the complaint. He has also furnished copy of pass book Ex.C1, copy of e-mail regarding confirmation of booking, copy of bill of Hotel Springburn Ex.C3, postal receipt Ex.C4 and copy of legal notice Ex.C5. On the other hand, opposite party  failed to appear despite notice and was proceeded against exparte.

6.                The evidence led by complainant goes as unchallenged and    unrebutted. It is proved on record from the evidence of complainant that    complainant had booked one room in a hotel namely Potala through online through op’s company vide booking ID No.XYVM3249 and paid Rs.2027/- in advance through online, but the room was not provided to the complainant on the day for         which it was booked due to reason best known to the opposite party. The    complainant had to book a room in another hotel namely Springburn and had to   pay an amount of Rs.4720/- which is evident from copy of bill Ex.C3. It is also      proved on record that complainant and his family suffered inconvenience due to           cold weather at hill station i.e. at Darjeeling and also suffered harassment due to           non availability of room in the hotel as per booking which clearly amounts to           deficiency in service and unfair trade practice on the part of opposite party.

7.                In view of above, we allow this complaint and direct the opposite   party to make refund of the amount of Rs.2027/- charged from the complainant.   We further direct the opposite party to pay a sum of Rs.10,000/- as compensation          for harassment and Rs.2000/- as litigation expenses to the complainant. The       opposite party is directed to comply with this order within a period of 30 days from         the date of receipt of copy of this order, failing which op shall be liable to pay       interest @7% per annum on the above said amounts from the date of order till its    realization. A copy of this order be supplied to the parties free of costs.   File be   consigned to record room.

          Announced  in open Forum.    Member                      President,

          Dated:4.12.2019.                                                       District Consumer Disputes

                                                                                            Redressal Forum, Sirsa.