BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 30 of 2016
Date of Institution : 28.1.2016
Date of Decision : 23.11.2016.
Dr. Saurabh Walia C/o Paras Bones Joint and General Hospital Dabwali Road, Sirsa.
……Complainant.
Versus.
Stayzilla, Rams Swathi Towers, Durgabai Deshmukh Road, RA Puram, Chennai (Tamilnadu)- 600028 through its Managing Director.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ………..……MEMBER.
Present: Sh.J.D.Garg, Advocate for the complainant
Sh.Abhinav Sharma, Advocate for the opposite parties.
ORDER
Case of complainant in brief, is that on 30.9.2015 at around 12.12 p.m., he booked a room in Nishad Resorts in Dharamshala (Himachal Pardesh) for two nights through the website of opposite party who is running an online business for booking of hotels. The payments were made by the complainant through online and online confirmation for booking and receipt for booking bearing No.978862-13201443595253 was confirmed by op. On confirmation of the booking, he received message from op in this regard and op received the payment of Rs.3310/- from him and also told him that he will receive the check in pass before 1.10.2015. The room in Nishad resorts was booked from 1.10.2015 to 3.10.2015. On 1.10.2015, when complainant visited Nishad Resorts he was stunned to know that the hotel has not been booked by op. The complainant made call to the customer care of op and they informed that the booking has been cancelled due to non availability of room and the payment shall be refunded later on. The complainant requested the op for substitute accommodation but inspite of several requests, the op did not pay any heed to the requests of the complainant. The complainant thereafter booked a Hotel River View Resorts in Dehra, District Kangra which falls in outer area of District Dharamshala. The complainant faced lot of hardship and fatigue because he was with his family and unnecessary losses have been caused to him. After coming to home, the complainant contacted the op and requested to compensate him but op flatly refused to do so. Hence, this complaint for a direction to the opposite party to pay a sum of Rs.2,00,000/- on account of harassment etc.
2. On notice, opposite party appeared and filed its reply asserting therein that opposite party is M/s. Inasra Technologies Pvt. Ltd. and is operating the web portal “Stayzilla” for hotel bookings etc. The complainant has not come before this Forum with clean hands and has suppressed the material facts. The complainant has deliberately suppressed the fact that op has refunded the entire booking amount of Rs.3310/- to the complainant on 1.10.2015 itself. The booking was made by complainant on 30.9.2015 by paying a sum of Rs.3310/-. The op immediately on finding that the rooms were not available informed the complainant through telephone on the very same day i.e. 30.9.2015 and thereafter has refunded the entire booking amount of Rs.3310/- on 1.10.2015 itself. The op is not having place of business in Sirsa and there is no online service of op in Sirsa. Remaining contents of the complaint have been denied.
3. In evidence, complainant has tendered his affidavit Ex.C1, cash memos of Hotel River View Resorts for sum of Rs.1540 Ex.C2 and for Rs.1650 Ex.C3, payment receipt dated 30.9.2015 sent through e-mail Ex.C4 and copy of document having telephone number of op Ex.C5. On the other hand, op tendered in evidence affidavit Ex.R1, e-mail dated 1.10.2015 Ex.R2, detail of refund Ex.R3, reply to notice Ex.R4, copy of postal receipt Ex.R5, acknowledgment Ex.R6 and CD Ex.R7.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. The complainant who is a doctor and is residing at Sirsa had booked a hotel in Dharamshala (Himachal Pardesh) through online service of opposite party on 30.9.2015 and made payment of Rs.3310/- to the opposite party through online as is evident from e-mail of opposite party placed on file by the complainant as Ex.C4. There is inconsistency between the reply filed by opposite party and documents placed on file by it because on one hand, the opposite party is saying that on 30.9.2015 itself, the opposite party immediately on finding that rooms were not available in Nishad Resorts informed the complainant over telephone about non availability of rooms and has placed on file a CD in this regard as Ex.R7 but on the other hand from e-mail of op dated 1.10.2015, it is evident that only on 1.10.2015 the complainant was told that payment will be refunded to him. First of all, the opposite party should have charged the amount from the complainant after verifying about the availability of room in the above said hotel from the authorities of hotel. In another case, the opposite party was required to book another hotel for the complainant or to inform the complainant through e-mail on the day of booking i.e. 30.9.2015 that rooms are not available in the above said hotel, so that complainant could have arranged for some other hotel but from the record available on file, it is evident that complainant came to know about non availability of rooms only on 1.10.2015 when he visited the said hotel and therefore, opposite party is deficient in service on account of which the complainant and his family members had to suffer lot of hardships and harassment.
6. Keeping in view the facts and circumstances of the present case, we allow the present complaint and direct the opposite party to pay a sum of Rs.20,000/- as compensation to the complainant for harassment including litigation expenses within a period of one month from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @8% per annum from the date of order till actual realization. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated: 23.11.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
