Orissa

Cuttak

CC/23/2019

Samyak Mohapatra - Complainant(s)

Versus

Sugam Cottage - Opp.Party(s)

A K Nayak

05 May 2022

ORDER

IN THE COURT OF THE DIST. COINSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                C.C.No.23/2019

            Sri Samyak Mohapatra,

S/O:Sri Sarangadhar Mohapatra,

At:Bastia Bagicha,Jhanjirimangala,

P.O:Telenga Bazar,Dist/Town:Cuttack.                         ... Complainant.

 

                                                Vrs.

1.        Sugam Cottage,

Paduka H.No.56,

Old Ration Shop Road,

Dunmary Road,

Near Gel Memorial School,

Fernhills,Ooty-643004.Tamil Nadu..

 

2.        The MD,Make my trip India Pvt. Ltd.,

18^th Floor-Tower A.B and

19^th floor-Tower A.B.C

Building no.5,DLF Cyber City,DLF Phase-III,

Gurgaon.... Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    12.02.2019

Date of Order:  05.05.2022

 

For the complainant:          Mr.A.K.Nayak,Adv. & Associates.

For the O.P.No.1:                None.

For the O.P No.2:                Mr. M.R.Mahalik,Advocate.

 

Sri Debasish Nayak,President.

            The case record is put up today for orders

            The case of the complainant as made out from the complainant petition is that the complainant had booked hotel rooms for himself and his companions at Ooty for 19^th and 20^th of October,2018 in Sugam Cottage(O.P NO.1) through O.P No.2 who is a service provider and had paid the consideration amount to the tune of Rs.5600/- on 16.10.18.  The booking ID No. of complainant is NH7004193500246 dt.16.10.18 and the payment was made online.  But when the complainant along with his friends proceeded to Ooty, they found there was non-availability of any room as booked by them through O.P No.2.  The complainant could know that O.P No.2 had not booked any such room for him though he had taken the money.  With much difficulty and waiting, the complainant could manage with a Dormitory room by paying higher cost at a different place for which his journey went in vain.  After return, he had made several correspondences for return of his booking amount from O.P No.2 and ultimately had sent a legal notice to O.P No.2.  It is for this, the complainant has filed this complaint petition claiming compensation to the tune of Rs.2,00,000/- towards his mental agony and harassment and a sum of Rs.10,000/- towards litigation fees.

2.         O.P No.1 has not contested this case for which he has been set exparte.  However, O.P No.2 has contested the case and filed his written version wherein he admits about the booking of hotel rooms by the complainant at Sugam Cottage of Ooty on 19.10.18 & 20.10.18 and also about the consideration amount of Rs.5600/- to have been paid vide booking ID No. NH7004193500246.  As it appears from the written version of O.P NO.2, he has alleged that the complainant kept sleeping and has filed this case unnecessarily with malafide intention.  But at para-13 of his written version, O.P No.2 admits about the complainant being denied hotel accommodation unfortunately and about the refund of the original amount has already been made to the complainant.  As such, O.P No.2 has averred to dismiss the complaint petition.

3.         Keeping in mind the contentions of the complaint petition and that of the written version as well, the following issues are required to be settled here in this case.

            i.          Whether the case is maintainable?

            ii.         Whether the complainant has any cause of action to file this case?

            iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issues No.1 & 2.

            Issues no.1 & 2 are taken up together first for consideration for the sake of convenience.  It is admitted fact in this case that the complainant had booked hotel rooms at Ooty with O.P No.1 through the service provider (O.P No.2) and had paid the consideration amount for booking of rooms on 19.10.18 & 20.10.18.  It is also admitted fact that when the complainant reached at Ooty he has not provided with the rooms of O.P No.1 as intended by him and for which he had paid the consideration money.  Thus, it can be safely concluded here that the complainant has a definite cause of action to bring in this case and the case is thus definitely maintainable.  These two issues are answered in favour of the complainant and against the O.Ps.

Issue No.3.

            When it is admitted fact that the complainant was deprived of being provided with rooms for which he had paid the consideration amount and for which he had to suffer by running here and there and to get substitute accommodation.  As such, definitely the complainant had suffered and/or harassed.  It is for this, this Commission feels it proper to decree the case in favour of the complainant.  Hence it is so ordered;

                                                                   ORDER

            The case is decreed on contest against O.P No.2 and exparte against O.P NO.1.  The O.P No.2 is thus directed to compensate the complainant towards his mental agony and harassment by paying a sum of Rs.50,000/- and also to pay a sum of Rs.10,000/- towards the litigation expenses.  The said compensation amount and litigation amount to be paid by the O.P No.2 to the complainant within a month hence.

Order pronounced in the open court on the 5^th day of May,2022 under the seal and signature of this Commission.

 

                                                                                                                             Sri Debasish Nayak

                                                                                                                                        President

 

                                                                                                                       

                                                                                                                             

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.