In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.447/2009
1) Mr. Amit Sarda,
21A, Shakespeare Sarani, Kolkata-17. ---------- Complainant
---Versus---
1) Taj Bengal,
34/B, Belvedere Road, Alipore, Kolkata-27. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 29 Dated 29-05-2013.
The case of the complainant in short is that complainant’s representative contacted the o.p. on 19.10.08 for booking of the Banquet Hall of o.p. for an occasion to be held on 9.11.08. But the o.p. expressed its inability to make such booking on the ground of non-availability of the Hall for the 9.11.08. The complainant again contacted the o.p. on 31.10.08 for booking of five rooms in the name of complainant at the Hotel at Taj Inner Circle, Epicure Rate. On receiving confirmation of availability of the rooms from o.ps., the complainant sent an amount of Rs.1 lac vide cheque bearing no.346822 dt.1.11.08 drawn on Axis Bank Ltd., by S.B. Pigments Ltd., towards advance payment against the above booking.
Having been ascertained of the clearance of the cheque of Rs.1 lac, the o.p. sent its confirmation of the said reservation vide confirmation nos.325562, 325563, 325564, 325565 and 325566. But due to unavoidable circumstances, the guests of the complainant were not able to make their visit on the scheduled date. Instantly on 6.11.08 the complainant contacted the o.p’s officials concerned over phone and requested them to cancel the booking. The complainant sent a written request on 7.11.08 requesting them to cancel the aforesaid booking and to hold the amount of Rs.1 lac sent by the complainant vide cheque no.346822 dt.1.11.08 and to credit it to the account of the complainant lying with the o.p. for being adjusted against room rental for the guest of the complainant when they will be visiting next time.
Surprisingly, on 22.11.08 the o.p. sent a letter forfeiting the aforesaid advance of Rs.1 lac and raised a further claim of Rs.3.75 lacs towards imaginary retention charges/loss of business opportunity for the date of 9.11.08 for alleged booking of Hall at the o.ps’ Hotel. On receiving the said letter complainant scrutinized the receipt issued by the o.p. and noticed that the concerned employee of the o.p. receipt, in favour of M/s S.B. Pigments Pvt. Ltd., showing an advance of Rs.1 lac for Banquet booking on 9.11.08 instead of five rooms. The act was done deliberately, if not inadvertently.
The complainant intimated the above matter to o.p. several times vide his letters dt.3.11.08, 5.11.08, 7.11.08, 4.12.08. Despite the pleadings of the complainant, o.p. did not withdraw its bill for imaginary retention/loss of business and the advance amount of Rs.1 lac was not given to the credit of the complainant for future use, which indeed regrettable and highly unbusiness-like. It transpires that the o.p. has undertaken unfair trade practice and unscrupulous exploitation of a consumer. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant’s representative contacted the o.p. on 19.10.08 for booking of the Banquet Hall of o.p. for an occasion to be held on 9.11.08. But the o.p. expressed its inability to make such booking on the ground of non-availability of the Hall for the 9.11.08. The complainant again contacted the o.p. on 31.10.08 for booking of five rooms in the name of complainant at the Hotel at Taj Inner Circle, Epicure Rate. On receiving confirmation of availability of the rooms from o.ps., the complainant sent an amount of Rs.1 lac vide cheque bearing no.346822 dt.1.11.08 drawn on Axis Bank Ltd., by S.B. Pigments Ltd., towards advance payment against the above booking.
We further find from the record that having been ascertained of the clearance of the cheque of Rs.1 lac, the o.p. sent its confirmation of the said reservation vide confirmation nos.325562, 325563, 325564, 325565 and 325566. But due to unavoidable circumstances, the guests of the complainant were not able to make their visit on the scheduled date. Instantly on 6.11.08 the complainant contacted the o.p’s officials concerned over phone and requested them to cancel the booking. The complainant sent a written request on 7.11.08 requesting them to cancel the aforesaid booking and to hold the amount of Rs.1 lac sent by the complainant vide cheque no.346822 dt.1.11.08 and to credit it to the account of the complainant lying with the o.p. for being adjusted against room rental for the guest of the complainant when they will be visiting next time.
It is seen from the record that on 22.11.08 the o.p. sent a letter forfeiting the aforesaid advance of Rs.1 lac and raised a further claim of Rs.3.75 lacs towards imaginary retention charges/loss of business opportunity for the date of 9.11.08 for alleged booking of Hall at the o.ps’ Hotel. On receiving the said letter complainant scrutinized the receipt issued by the o.p. and noticed that the concerned employee of the o.p. receipt, in favour of M/s S.B. Pigments Pvt. Ltd., showing an advance of Rs.1 lac for Banquet booking on 9.11.08 instead of five rooms. The act was done deliberately, if not inadvertently.
It transpires from the record that the complainant intimated the above matter to o.p. several times vide his letters dt.3.11.08, 5.11.08, 7.11.08, 4.12.08. Despite the pleadings of the complainant, o.p. did not withdraw its bill for imaginary retention/loss of business and the advance amount of Rs.1 lac was not given to the credit of the complainant for future use, which indeed regrettable and highly unbusiness-like.
In view of the discussions made above and on perusal of the entire materials on record we find that the amount of Rs.1 lac was paid by complainant for Banquet Hall and the same is not refundable. In view of the above findings we are constraint to hold that the complainant has failed to prove his case and is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
