Order No. 3             16.11.2022

Ld. Advocate for the complainant is present. The case is taken up for admission hearing.

The case of the complainant is that the daughter of the complainant namely Srijita Banerjee being student of Pondicherry University booked two rooms situated  at 5, Pariyaman Chavadi Bus Stop, Kottakuppam, Pondicherry – 675008 through opposite party and made payment a sum or Rs.5,299/- only for 6 nights for 3 guests through Axis Bank Shyambazar Branch, Kolkata – 700 004, on 16.07.2022.

After reaching Pondicherry on 28.07.2022 the complainant was not provided with the rooms by the opposite party and they were compelled to arrange another hotel for their stay on payment of huge amount. It is alleged that the opposite party deliberately and wilfully failed to fulfil the service by providing accommodation to the petitioner and committed breach of contract. As a result the complainant and his family members suffered mental agony and entitled to damages and compensation as well as  the paid amount which has been deposited by his daughter along with compensation.

From the photocopy of the document I find that Srijita Banerjee booked 2 rooms form 28.07.2022 to 03.08.2022 through OYO on payment of Rs.5,229/- only. Thereafter, again Srijita Banerjee  booked 2 rooms for the said dates and the photo copy of payment summary shows the price of 2 rooms in total was Rs.12510/- only and after several discounts the total amount payable was Rs.5,229/- only(running page no. 16 & 19). It also appears that as Rs. 5,229/- was paid in advance by Srijita Banerjee. So, the balance amount was zero. No document has been submitted  by the complainant in proof that he had to pay access amount for booking another hotel through OYO for the said dates.

The documents filed by the complainant  reveals that Srijita Banerjee booked rooms through OYO for the above mentioned dates. No document has been submitted by the complainant to show that he accompanied Srijita Banerjee to Pondicherry or he made any payment to OYO.

Therefore, it is apparent that Sri Debasish Banerjee  is not a complainant in this case in terms of section 2(5) of the Consumer Protection Act, 2019.

Hence it is

O R D E R E D

that the complaint case be and the same is dismissed without cost.