By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
Complainant and some of his close relatives had planned to go to Guruvayur temple. For getting comfortable rooms and stay they booked in advance three double rooms at Vishnu Inn at Kizhakke nada Guruvayur, through online and paid Rs 7,062/-. On 19/04/2022 complainant, eight relatives of complainant and two children gone to Guruvayur and approached the hotel where the room was booked. While they entered into the hotel room, they could see that there is no lock inside the bathroom. They also realised that it is easy for anybody to open the bathroom from outside. At once complainant and his family informed the room boy about the defects of the bathroom doors and the room boy agreed to rectify the defect of the door. But after one hour, nobody came to complainant’s room for repairing the locks of bath room. Complainant had some doubts that the locks are intentionally damaged by opposite party.
2. While going to temple, complainant again complained at the reception of opposite party. Then one Sreejith, the hotel supervisor interfered in this matter and he ordered the complainant to vacate the room immediately and used filthy words towards complainant and the ladies with him before the other persons residing in the hotel. Then complainant requested to him that the time is already 7. 30 pm and they are unable to vacate the room at this time because complainant’s mother and small children are with him. Moreover complainant stated that as per the direction of the above Sreejith (Managing director or Hotel Supervisor of opposite party's hotel) the other staffs did not allow complainant and others to use the room. Thereafter complainant contacted Guruvayur Police station and Guruvayur Municipal Health section. Then the ASI of Guruvayur station and the Health Inspector of Guruvayur municipality contacted Mr Sreejith and the police officials and Health Inspector realised that the complaint of complainant was true.
3. Due to the mental torture from the opposite party, complainant and family had shifted to another hotel with the help of Police Inspector. Then complainant asked to opposite party to give back the advance amount they had given to opposite party. But opposite party was not ready to give that amount. After sometime due to the interference of SI of Police, complainant got the advance amount from opposite party. During all these times the age old mother and the children were suffered mental stress and sufferings. Due to the act of opposite party, complainant and family were unable to get the dharsan from temple. So complainant registered a complaint through the toll free number of Women’s Commission and before Commission for the right of children.
4. Complainant again stated that, it is the regular practice of opposite party by allotting rooms without basic amenities. Hence complainant filed complaint in writing before the SHO, Guruvayur Temple Police Station, Municipal Secretary, Guruvayur Municipality and the Health Division of Municipality directly. Thereafter complainant’s daughter–in-law filed a complaint through email to Women’s Commission. The act of opposite party is a clear deficiency in service and an unfair trade practice. Hence this complaint.
5. The prayer of the complainant is that, he is entitled to get Rs.50,000/-as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
6. On admission of the complaint notice was issued to the opposite party and notice served on them and they represented before the Commission on 25/07/2022. But opposite party did not file vakkalath and version on the next posting dated 14/09/2022. Hence opposite party set exparte on that day. On 13/10/2022, opposite party filed one IA 685/2022 to set -aside the exparte order, IA 686/2022 challenging the maintainability of the complaint and IA 687/2022 to receive version and opposite party filed vakkalath also on that day. But on 30/11/2022 complainant filed counter in IA 686/2022. Thereafter heard both parties and Commission dismissed IA 686/2022 because there was no merit in that application. Moreover version filed by opposite party also not received by the Commission, because version is filed not within the statutory period of 45 days. On 30/11/2022 itself complainant filed chief affidavit and documents.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext.A1 to A6. Ext.A1 is the copy of repayment details (Refund) by opposite party to complainant, Ext.A2 is the copy of complaint filed by complainant before SHO, Guruvayur Temple Police Station and before Secretary, Guruvayur Municipality, Ext.A3 is the copy of receipt given by Guruvayur Temple Police station to complainant, Ext.A4 is the copy of receipt given by Guruvayur Municipality to complainant. Ext. A5 series are the copies of information given by Information Officer, Guruvayoor Temple Police station to complainant, copy of the complaint filed by Mr. Ghanashyam against complainant and others ,copy of deposition given by complainant before the SHO, Guruvayur Temple Police Station and the copy of the report given by SHO, Guruvayur Temple Police Station to Assistant Commissioner of Police. Ext. A6 series are the copies of case proceeding sheet of Womens Commission, the copy of the report submitted by SHO, Guruvayur Temple Police Station before the Women’s Commission, copy the deposition of Mrs. Minnu Mohandas and the copy of the deposition of ASI Sreeji of Guruvayur Temple Police Station (4 Nos.)
8. Heard the complainant and perused the affidavit and documents filed by complainant. The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant submitted six documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
9. We allow this complaint as follows:-
The opposite party is directed to pay compensation of Rs.25,000/-(Rupees Twenty five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
The opposite party is also directed to pay Rs. 5,000/-(Rupees five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 31st day of March, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A6
Ext.A1 : Copy of repayment details (Refund) by opposite party to complainant.
Ext.A2 : Copy of complaint filed by complainant before SHO Guruvayur Temple Police
Station and before Secretary, Guruvayur Municipality.
Ext.A3 : Copy of receipt given by Guruvayur Temple Police station to complainant. Ext.A4 : Copy of receipt given by Guruvayur Municipality to complainant.
Ext. A5 : Series are the copies of information given by Information Officer,
Guruvayur Temple Police station to complainant, copy of the complaint
filed by Mr. Ghanashyam against complainant and others ,copy of deposition
given by complainant before the SHO, Guruvayur Temple Police Station
and the copy of the report given by SHO, Guruvayur Temple Police Station
to Assistant Commissioner of Police.
Ext. A6 : Series are the copies of case proceeding sheet of Women’s Commission,
the copy of the report submitted by SHO Guruvayur Temple Police Station
before the Womens Commission, copy the deposition of Mrs. Minnu
Mohandas and the copy of the deposition of ASI Sreeji of Guruvayur
Temple Police Station (4 Nos.)
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
