S. S. Ali, President-in-Charge
The complainant Sukhdev Roy booked 3 non A/C rooms being nos 108,109,110, for their stay at the Hotel of the opposite party no1 namely BANDHAN INN at Digha from 24-5-2014 t0 26-5-2014.He was accompanied by his relatives namely Mr Satrughna Jana and Kakoli Roy. He booked the said accommodation on 15-5-2014 by paying an advance of Rs 1500/- out of the total cost of RS 3300/-
The complainant along with his relatives reached the Hotel on 24-5-2014 at 10.30am and demanded rooms from the OP no2 being previously booked, but the OP no 2 failed to provide accommodation already booked being room nos 108,109,110 instead the OP no 2 offered three another rooms in the said hotel which according to the complainant were hot rooms on the top floor of the said hotel, for which the complainant moved to another Hotel named Wilco Hotel and Restaurant and booked rooms for three days by making payment of RS 4900/- The complainant lodged a General Diary being no. 389 based on it the Police had also come to the hotel and found the rooms occupied by other borders. Hence this case. The complainant filed relevant documents in support of the case.
The opposite party nos 1&2 both appeared in the case and filed their WV as well as there WNA. The ops agitated the point that the manager of the hotel Bandhan Inn one Chandi charan Middey booked the rooms in the name of one M/S Sukhdev Roy and took advance of Rs 1500/- and RS 1800/- was due from the total sum of RS 3300/-.The ops also stated in their WV as also their WNA that when the complainant was asked to produce his identity proof the complainant Sukhdev Roy and three others failed to prove the same. The op also took the plea that the complainant personally did not book the hotel nor paid the advance money and did not sign the advance booking receipt. According to the opposite parties the complainant received back the advance sum of RS 1500/- paid by the complainant towards the booking of the Hotel. The ops did not file any voucher showing any money returned to the complainant. The ops states that the complainant is not a consumer of the opposite parties hence the case may be dismissed.
We have gone through all the documents filed by the complainant.
Two points are necessary to decide in this situation:
- Whether the ops are guilty of unfair trade practice?
- Is the complainant entitled to any relief as prayed for?
We would discuss both the points together. Complainant prayed for treating his petition as WNA.
The complaint produced the Advance booking receipt signed by one Chandi charan Middey.dated 15-5-14 the ops admitted the receipt being issued by the manager of the Hotel Bandhan Inn, which goes to show that advance of RS 1500/-was made and RS 1800/- was due from the total sum of RS 3300/-. For non A/c rooms nos 108,109,110 from 24-514 to 26-5-14. Complainant also filed the GD made to the Digha Police Station.
From the petition filed and the argument made by the Ld Counsels’ of both the parties it is clear that complainant booked three (3) rooms for staying at Digha along with his family members. It is also true that the ops took advance of RS 1500/- and booked the rooms in the name of One Sukhdev Roy, but the ops failed to provide the rooms being no 108,109,110 to the complainant which were booked in advance by the complainant. The ops submission that the complainant failed to produce relevant document is not tenable as the ops have nothing in support to their statement. The ops also could not prove that the amount of RS 1500/- paid for advance booking by the complainant had been refunded.
The bills of Wilco Hotel and Restaurant produced by the complainant cannot be said to be the bills in the name of Sukhdev Roy but the room nos are same as stated by the complainant in his petition for complaint, where from we can say that complainant had to book another hotel for his stay in Digha for himself and his family.
The complainant’s defense is not acceptable as such both the points are decided in favour of the complainant.
Hence, it is,
ORDERED
the OPs are directed to return the sum of RS 1500/- to the complaint paid for advance booking and also to pay fine of RS 10,000/- jointly and severally for harassment and mental agony together with litigation cost of RS 1500/- within 30 days of receiving of this order, failing which the complainant shall be at liberty to execute the case in accordance with law and the ops shall be liable to pay fine of Rs 150/- per day till compliance of this order in full and final manner.
