Presents:-
- Sri P.Samantara,President.
- Sri G.K.Rath, Member.
Dated,Bolangir the 11th day of September 2015.
C.C.No. 08 of 2015.
Sandipan Mishra, age-27 years son of Debendra Nath Mishra.
Resident of Rajendrapara, Near Women’s College, Bolangir
Town, P.O/P.S/Dist- Bolangir.
.. .. Complainant.
-Versus-
Pronoti Guest House, CE 119, Sector-1, Salt Lake,
Near Arunachal Bhawan,Kolkata- 700064.
Ph; 09830171860, 08895664021.
.. .. Opp.Party.
Adv.for the complainant- None.
Adv.for the Opp.Party - Sri D.G.Pattnaik ,D.Dandsena & S.K.Harpal.
Date of filing of the case- 17.01.2015
Date of order - 11.09.2015
JUDGMENT.
Sri P.Samantara,President.
In the matter of an application u/s.12 of the C.P.Act,1986, filed by the complainant, alleging defici8ency in service, against the Opp.party.
1. The complainant had booked two rooms in “Pronoti Guest House” Kolkata from dated 25.12.2014 to 28.12.2014 in Christmas Vacation. The tariff of room respectively was Rs 1600/- per single room and Rs 1800/- per double bed room and booking consideration for two rooms was Rs 14,500/- inclusive of free breakfast and free bottled water. It is averred paid Rs 5,000/- as advance.
3. It is complained, the manager asked the complainant the rooms in early morning of dt.28.12.2014, where he supposed to remain till 8 P.M. of the same day. Which against the booking commitment and assurance and handed a bill of Rs 13,160/- . In addition to levying Rs 2,000/- towards the rent of the room and Rs 1160/- towards breakfast, tea, mineral water etc.
4. The complaint was lodged for such deficiency. Praying to return the fraudulent collection and for the loss, compensation land mental agony sustained for not rendering proper service. Relied on money receipt No.1705 & 1021 and affidavit.
5. Pursuant to notice, the O.P appeared and in the written statement contended that the complainant as mentioned that the matter arose from Bolangir as he had booked my facility in inter net, which is false and wrong information to the court.
6. Admittedly, the advertisement has been made by TRAVELGURU and GOIBIBO. And also it is a fact guest or a visitor in availing of any such offer should book rooms through them by making net fund transfer. As such the complainant is not eligible for any such benefits.
7. It is also contended, the complainant or the case lacks jurisdiction to settle the dispute in issue. Again the complainant has misrepresented the court in giving two addresses, one in the present case and the other in the booking on stay procedure at Pronoti Guest House.
8. The O.P also stated, we have extended our full support as assured and rendered the accurate service within the promising terms and also extended lenient approach not insisting to producing the photo identity card and relation ship certificate, being a mandatory provision in booking. The case has been instituted without any jurisdiction, rather to harass the O.P and to extract fabricated monetary claims. Prayed the case may kindly be dismissed with cost.
9. Heard the complainant and perused the record at hand and relative documents on record.
10. Perusal of the record speaks, the complainant has remained in the lodge “Pronoti Guest House” in the dates as admitted, but the booking was not effected by the internet portal or any such medium. The advancement by the complainant is false and wrong to note contention reveals Telephone number as raised is wrong. No document available to admit the contention relating to jurisdiction of this forum is competent one. In absence of any documentary evidence, the institution of the case is not maintainable, being devoid of merit. We agreed with the contention of the learned counsel for the O.P and hold to his argument. Therefore we see no merits in this complaint which is hereby dismissed.
The O.P is also charged with misrepresentation on the issue of not filing the admitted annexure 3,IA,12A and IA,IB,2A and 2B, as said in his pleadings so a rupees of Rs 500/-( five hundred), be deposited in State Consumer Welfare fund account instantly, failure of same will attract Rs 10/- per day penalty without any demur till compliance.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 11TH DAY OF SEPTEMBER 2014
I agree.
(G.K.Rath) (P.Samantara).
MEMBER. PRESIDENT.
