In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 119 / 2008 1) Sri Barun Sinha, 5/2, Bir Ananta Ram Mondal, Kolkata-700050. ---------- Complainant ---Verses--- 1) Sri Siddhartha Banerjee, 216, Jodpur Garden, Kolkata-45. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 4 Dated 0 8 / 1 2 / 2 0 0 9 . 1. Instant case arises out of the petition of complaint u/s 12 of the C.P. Act, 1986 filed on 18.4.08 by Sri Barun Sinha of 5/2, Bir Ananta Ram Mondal lane, Kolkata-50 against Sri Siddartha Basu, proprietor of M/s. 3rd planet, 216, Jodhpur Garden, Kolkata-45 with a prayer to (a) direct the o.p. to pay a sum of Rs.14,500/- only along with interest, (b) pay Rs.10,000/- only as compensation owing to harassment, humiliation and damages caused by the o.p. and his men and agents to the complainant and his family members, (c) pay Rs.5000/- only as litigation cost and (d) such other relief and further reliefs which the complainant is entitled to in law. 2. Specific case is that the complainant hired the service of the o.p. on consideration for the purpose of visit to Vizag, Araku and other places of interest in the state of Andhra Pradesh in the last part of December, 2007. Considering the safety, security and avoidance of harassment, the complainant booked hotels in advance for the proposed trip for the period from 24.12.07 to 30.12.07 and advanced a sum of Rs.10,000/- only for the said period (annex-A). This advance was made for the booking of Laxmi Lodge of R.K. Beach, Vizag as stated by the complainant (annex-C). 3. Unfortunately, a few days before the aforesaid journey, the o.p. informed the complainant that he had arranged another hotel at Vizag in place of Laxmi Lodge. The complainant being perplexed had no other alternative but to reach Vizag on 24.12.07 along with his family and there he happened to meet with one Mr. Bikhy, the representative of the o.p. 4. The complainant as per o.p’s instruction paid the balance dues amounting to Rs.5400/- only to his representative named Bikhy Thakur (annex-N). The said Bikhy arranged for a hotel at Vizag, viz. Ganesh Hotel which was of below standard in comparison with Laxmi Lodge. The complainant and his families had to stay in that hotel and to pay for their stay (annex-E & L). 5. The complaint along with his family members was harassed tremendously by the men and agents of the o.p. who failed to render proper services to the complainant in spite of the payment made by complainant in advance. 6. In view of the failure of the o.p. to render proper services in spite of receiving the money in advance, the complainant along with his family members was forced to stay at various hotels at Vizag and Araku on making payment in full (annex-B, D, E & F). Though the complainant was given assurance of staying in a standard hotel, viz. Laxmi Lodge by the o.p. against the payment of money in advances, the complainant along with his family was accommodated in below standard hotels and that too on payment in full. 7. After returning to Kolkata, the complainant wrote a letter dt.6.1.08 to the o.p. narrating the deficiency of service of o.p. and asking for refund of the money paid in advance (annex-G & H). but, the o.p. did not give any reply to his letter. 8. Thereafter, the complainant issued a notice dt.14.2.08 through his advocate Rina Basu by registered post with a/d which was returned back to the complainant with postal remarks “Not Claimed”, (annex-I & K). 9. Hence, the case has been lodged by the complainant u/s 12 of C.P. Act, 1986 against the o.p. 10. Decision with reasons : (a) Perused the petition of complainant as amended on 11.2.09, affidavit of examination-in-chief of the complainant, his BNA and documents on record. Since the o.p. did not care to appear before the Forum from the very outset of the case, order of ex parte hearing was issued under order no.5 dt.4.9.08 against the o.p. (b) The o.p. by his non-appearance has waived his right to controvert the allegations made by the complainant. This apart, the o.p’s non-appearance indicates that he has nothing in his pocket to defend. (c) From the perusal of all the papers and documents on record it is evident that there was definite deficiency of service on the part of o.p. though the o.p. took the advance money from the complainant with the assurance that accommodation was confirmed at Laxmi Lodge, Vizag from 24.12.07 to 31.12.07 (annex-C). but those assurance was not kept by the o.p. for which the complainant along with his family had to undergo unwarranted harassment and to stay in various hotels and lodges on payment in full. (d) In spite of the letter dt.6.1.08 of the complainant and advocate’s notice dt.14.2.08, the o.p. did not care to give any reply. 11. Hence, ordered, that the o.p. is directed to (a) refund Rs.14,500/- (Rupees fourteen thousand five hundred) only excluding the hotel charges of Rs.900/- (Rupee nine hundred) only for 24.12.07, (b) pay Rs.10,000/- (Rupees ten thousand) only for causing harassment and mental agonies to the complainant and his family by the o.p. for his deficiency of service, and (c) pay Rs.5000/- (Rupees five thousand) only towards litigation cost. All the above payments should have been made within thirty days from the date of communication of this order and in default, the abovementioned amounts will carry interest @ 10% p.a. till the recovery of the amounts in full. Fees paid are correct. The case is thus disposed of from this Forum. Supply certified copy of this order to the parties on receipt of prescribed fees. ____Sd-_____ ______Sd-______ MEMBER PRESIDENT | 
