Order-17.
Date-30/11/2015.
In this complaint Complainant Shyamal Kumar Dutta by filing this complaint has submitted that he booked a room on 10.09.2014 at Hotel Dolphin’s Darjeeling on payment of advance of the entire amount of Rs. 32,262/- for staying there on 28.09.2014 and on reaching in the hotel on 28.09.2014 they found that the allotted rooms were in strictly condition, wet with moist and water dripping from the walls, mushrooms sprouting inside the dirty rooms due to the moist condition and the photographs they took will reveal the condition of the building.
Complainant complained to the Hotel authority and requested them to change the room, they contacted with their boss at Kolkata but the said room could not be changed.So, they had no option but to stay in unhealthy condition, they had entered into the room.But the situation became very complicated when the team member of the complainant began to suffer from cold and cough, though they requested but no result for which they had to leave the hotel ultimately.
In the above circumstances complainant has filed this case by praying for relief for refund of entire amount, compensation and cost.
On the other hand op by filing written statement submitted that the complaint is not maintainable and the entire allegations are false and fabricated, complainant suppressed the material fact in the complaint and same is false.Moreover it is submitted that complainant has not produced any cogent material or document in support of his contention that are made in the complaint petition.
It is specifically mentioned that complainant went to op’s office for booking rooms for 6 adult persons in Darjeeling between 28.09.2014 and 03.10.2014.Complainant took 2 rooms in Darjeeling from 28.09.2014 to 03.10.2014 Room No.201- a super deluxe double bedded Kanchanjhanga view facing beds and the room tariff was at the rate of Rs. 3,500/- per day and Room No.202- a deluxe four bedded non view facing and the room tariff was at the rate of Rs. 2,800/- per day and the total tariff for the said 2 rooms (201 & 202) for the said period was Rs. 31,500/- and complainant was given a discount of Rs. 1,575/- and service tax was payable on the room tariff which was amounted to Rs. 2,337/-.The taxes were paid as per government rules and regulation and so the total amount was payable by the complainant was Rs. 32,262/- and that amount was paid in advance and receipt was issued and in the said receipt terms and conditions of the booking is also mentioned and it is specifically mentioned that no cancellation will be allowed for subsequent days once a guest checked in and the receipt dated 10.09.2014 was sent by the complainant stating that he will abide by the terms and conditions and in the Hotel Dolphin, Darjeeling there are signboards on each floor as well as in the reception counter and dining hall which states Any Complain/Suggestion – Call 9830038716.
Fact remains that complainant along with 5 companions entered into the hotel and checked-in at Hotel Dolphin on 28.09.2014 and allotted room Nos. 201 & 202.At the time of check-in and during their stay, complainant never raised any objection or made any complain to Hotel Dolphin, Darjeeling or the Hotel Manager Biman Ghosh.Complainant had on the subsequent date again came and met the Manager, Biman Ghosh claiming refund of one days room rents for 03.10.2014 as complainant had checked out one day in advance as complainant shall have to go to Gangtok and complainant checked-in at Hotel Dolphin on 02.10.2014 and a bill was issued to the complainant at Hotel Dolphin.But complainant had on subsequent date again came and met the Manager Biman Ghosh claiming refund of one days room rents for 03.10.2014 as complainant party had checked out one day in advance and Manager Biman Ghosh expressed his inability to refund the same when no cancellation would be allowed for the subsequent days after checked-in.
In fact had there been any dissatisfaction about the service of the Hotel Dolphin that would be reported to the hotel authority but that was not made.But now making some false allegation, complainant has filed this complaint.Moreover complainant did not lodge any complaint against Hotel Dolphin and complainant was satisfied and enjoyed by staying at the Hotel Dolphin, Darjeeling and left no room for any complaint and thus complainant made a concocted story for the purpose of getting back that amount.So, the claim of the complainant is false and fabricated and no relief can be granted in favour of the complainant.
Decision with reasons
On proper study of the complaint and written version and also considering the receipt, it is found that complainant paid Rs. 32,262/- after all deduction for 2 rooms (201 & 202) for their stay from 28.09.2014 to 03.10.2014.Truth is that complainant stayed in the hotel from 28.09.2014 to 02.10.2014.But they left the said hotel on 02.10.2014 for their next journey to Gangtok.But complainant has suppressed that fact.
Anyhow from the letter of Shyamal Kumar Dutta the complainant to Hotel Ridge of Sikkim, Gangtok dated 20.08.2015 it is clear that from 02.10.2014 to 06.10.2014 they booked 2 rooms at Hotel Ridge at Gangtokand they also stayed there from 02.10.2014 to 06.10.2014.Then it is clear that complainant though booked the present op’s hotel from 28.09.2014 to 03.10.2014, but they left the op’s hotel at any time on 02.10.2014 for their own interest.
So, apparently there is no negligence and deficiency on the part of the op.Complainant himself for their own fixed tour programme left the hotel and went to Ridge Hotel Room Nos. 501 & 502 for the period from 02.10.2014 to 06.10.2014.So, reason for leaving the op’s hotel at any time on 02.10.2014 is not for unhealthy situation of the hotel but for theirfixed trip at Gangtok.
Moreover no document is produced by the complainant that they could not stay in the hotel for unhealthy condition and lodged a complaint to the Hotel Manager about unhealthy situation of the room which was allotted to him against payment of the entire amount by the complainant to the op.From the photograph we find that there are certain mushrooms sprouting on the walls because at Darjeelingweather is different and particularly we are well aware of the fact that even a new building at Darjeeling may suffer from moisture etc. due to environmental reason and that cannot be controlled.Dripping of water from the walls is generally not found but soaking of water is found during heavy rainy season or due to huge snow falls and that cannot be controlled even in the big building of the Government Organisation or offices and that is the position of the different buildings of Darjeeling area.
From the photograph we have found that mark of moisture on the roof label has not at all caused any sort of unhealthy situation.Further it is found on the wall there is some piling of colour but that is not at all for treated room as damaged.Regarding the allegation of the complainant about status of the room damaged is not at all proved, rather complainant stayed there from 28.09.2014 to 02.10.2014 and thereafter left for Gangtok for further journey.But they did not leave the hotel for any other ground or for alleged damaged room.But from the complainant’s own activities and letter, it is clear that complainant intended to get refund of one day’s rent, but question is that if complainant is entitled to it or not.
Considering the entire fact materials and also the condition, it is proved that after check-in in the Hotel Dolphin, complainant and their companions passed 4 days i.e. from 28.09.2014 to 02.10.2014 and thereafter for their further journey and for their stay at Gangtok, they booked the hotel at Gangtok from 02.10.2014 to 06.10.2014 for which on 02.10.2014 they left and practically complainant changed their venue and decided to stay more days at Gangtok for which they booked there 2 rooms at Hotel Ridge from 02.10.2014 to 06.10.2014 for which they left the ops on 02.10.2014 but cause of leaving was not for unsatisfactory service provided by the ops because they left the said hotel as they booked for their another trip at Gangtok at Hotel Ridge and that was for the period from 02.10.2014 to 06.10.2014 and when that is the fact, then it is clear that as per Clause-11 of the Terms and Conditions of the Booking Confirmation Receipt, no cancellation will be allowed for subsequent dates, once a guest has checked-in.
In the light of the above observation and also considering the whole aspect, we are of the view that the complainant has failed to produce any tenable, believable and reliable evidence against the ops that their departure in advance on 02.10.2014 from the op’s Hotel was for not providing proper service to the complainant.Rather it is proved that for their own cause they left the hotel to enjoy the days at Gangtok.
In the light of the above findings, we find that complainant has miserably failed to prove any sort of negligence and deficiency or any sort of deficient manner of service on the part of the op or providing rooms which were not fit for human habitation.
In the result this complaint fails.
Hence, it is
Ordered,
That the complaint be and the same is dismissed on contest against op without any cost.
