BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

                                                         Complaint No: 603 of 07.10.2015.                                                             Date of Decision: 15.06.2016.

Rajneesh Oswal son of D.K. Oswal, resident of 2738, Gurdev Nagar, Pakhowal Road, Ludhiana.  

..… Complainant

                                                Versus

1. THE LEELA GOA Movor, Cavelossim, Mobor, Salcette, Goa-403731, India through its General Manager.
2. Shridhar Nair, General Manager The Leela Goa, Cavelossim, Mobor, Salcette Goa-403731, India.

…..Opposite parties 

                                      Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:

SH. G.K. DHIR, PRESIDENT

MS. BABITA, MEMBER

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. B.L. Saini, Advocate.

For OPs                         :         Exparte.

ORDER

PER G.K. Dhir, PRESIDENT

1.               Complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) filed by complainant by claiming that he aspired  to avail his vacations in Goa due to which he availed services of Ops for getting rooms in hotel booked. Complainant got reserved lagoon Deluxe suite two rooms for two adults for six nights with arrival date 05.03.2014 and departure date 11.03.2014 for his stay in the Hotel The Leela, Goa by paying Rs.4,84,828.96 paise. Reservation of hotel was confirmed by Ops vide reservation confirmation dated 25.02.2014.  Aunt (Chachi) of complainant suffered stroke, due to which she was admitted in Dayanand Medical College and Hospital, Ludhiana. Complainant gave telephonic call to Ops for postponing the reservation from 6^th to 12^th March, 2014, which was confirmed by Enid Peixoto, Reservation Manager of OPs vide email sent to complainant on 05.03.2014. Condition of aunt of complainant became serious, due to which it was not possible for complainant to travel to Goa. Complainant sent email on 06.03.2014 for requesting OPs to cancel his reservation by not charging cancellation charges. Mr. Enid Peixoto, Reservation Manager of  Ops sent email  on 08.03.2014  intimating him that as per discussion with G.M., out of 12 nights retention they will waive off four rooms nights retention. The amount was offered to be  credited to the brother of complainant Mr. Vishal Oswal,  who was staying in the Club section. Further as per intimation received by complainant, balance eight rooms nights will be charged as per retention charges, but complainant sent email dated 08.03.2014 to Reservation Manager stating that even after credit of four nights, amount of Rs.3,16,000/- is charged as retention charges. Request was made to Ops to consider about the giving of credit of above said amount for utilization of the same in the next one year for stay of complainant at Leela Goa. Complainant through email dated 10.03.2014 reported that he will not be travelling to Leela Goa and as such, request made for giving credit of Rs.3,16,861/- for eight nights to his brother, who was staying at Leela Goa in Royal Club Pools suites and would check out on 11.03.2014 at 11.30 A.M.  In response to that email Mrs. Judith Medeira, Manager, General Affairs and P.A. to G.M. sent email dated 11.03.2014 stating, “Thank you for your email to Mr. Nair, who is currently travelling with limited access to emails. Please allow us to revert to you shortly. Thank you for your understanding.” On 31.03.2014, complainant sent email stating that he has received a call from Mr. Abhishek Sharma, Reservation Manager informing about getting of complementary stay of three nights in a lagoon suite valid till 30^th September, 2014 in lieu of Rs.3,16,851/- charged as retention charges, after giving credit of Rs.1,58,441/- for the stay of brother of complainant. To the surprise of complainant, complementary stay charges were of the value of under Rs. One lac and as such, retention charges of Rs.2,16,000/- were pending with Ops. Complainant expressed unhappiness over the decision of Ops by claiming that in view of emergency condition, he had to get his stay in hotel cancelled. However, Ops stated that they would give credit voucher of balance amount of Rs.3,16,851/- to be utilized in Leela Hotel in India and only at the Leela Goa with validity of  one year. In response to email Mr. Shridhar Nair, General Manager sent email dated 31.03.2014 stating that the retention policies do not allow them to offer any credit against such charges and as such, offer of complainant is declined. On 01.04.2014, complainant again sent email for claiming that his program was cancelled due to sufferance of stroke by his aunt which led to cancellation of his tour program. Complainant further submitted that he is not asking for refund of Rs.3,16,851/-, but they can give him a credit voucher for the entire amount to be utilized on stay at Leela Hotel in India or at The Leela Goa  because the same will not cause loss of revenue to Ops because charged money will remain as credit of complainant with Ops and would be utilized against stay of complainant at Leela Hotel. It is claimed that still balance amount of Rs.3,16,851/- lying with Ops. Retention of this amount by Ops alleged to be unfair trade practice and even deficiency in service on the part of Ops pleaded for filing this complaint. Complainant seeks refund of the excess paid amount of Rs.3,16,851/-  with interest @18% per annum, which as per him, comes to Rs.90,288/-  w.e.f. 25.02.2014 till date of filing of complaint. Compensation for mental harassment and torture of Rs.5,00,000/- and litigation expenses of Rs.15,000/- even claimed.

2.                Notice of the complaint issued to Ops, who earlier sought time of 3 weeks for filing reply by sending a letter through registered post, but later on sent reply in the shape of affidavit through registered post.

3.                As per reply received through post, it is claimed that Shridhar Nair is an employee of Ops and Sh. Arvind Degwekar, Vise-President (Legal) is competent to file the reply. It is pleaded as if there is no deficiency on the part of Ops. Refusal by Ops to refund the sum paid towards reservation of 12 room nights on specified dates at the exclusive lagoon suite at the Leela Goa, Mobor alleged to be strictly as per terms and conditions known to the complainant at the time of making the reservation. Complainant has not availed the rooms that were kept reserved for him at The Leela Goa, Mobor. In the luxury resort, reservations are made in advance with full payment and the rooms remain vacant for the reserved period, even if the guest fails to turn up. Complainant had valid personal reasons for not availing reservation, but Leela Goa, Mobor  is within its legal right to appropriate the amount that was paid by the complainant in terms of the contract between the parties. Failure of complainant to avail the rooms kept reserved for him resulted in loss for no fault of Ops. Even though entire loss has to be borne by complainant, but Ops gave credit of Rs.1,58,441/- to the brother of complainant, who was staying at The Leela Goa, Mobor. The balance of Rs.3,16.851/- is lying with Ops. It is claimed that Hotel Leelaventure Limited is a public ltd. company quoted on the stock exchange, due to which its accounts are subject to internal and external audits as well as periodical scrutiny by banks and financial institutions that have lent money to the company.  It is not within the province of any executive to waive off monies which are due to the company.  Though management of Hotel Leelaventure Limited has sympathy for the reasons  that prevented the complainant from availing the services at The Leela, Mobor, but the complainant cannot  write off the amount of Rs.3,16,851/-. Even then after considering the case of complainant at the highest level by the management, company can allow a credit of Rs.3,16,851/-  to complainant enabling him for utilizating the said amount at any of the six Leela hotels (subject to availability)  as mentioned in para No.9 of the reply. This credit will remain valid for period of one year from the date of its acceptance by the complainant.  Through that reply, it is clarified that Ops make one time exception in the case of complainant on humanitarian grounds and same be not treated as a precedent. 

4.                Even after sending of the reply, none appeared for Ops despite wait on the adjourned dates on 23.12.2015, 06.01.2016, 01.03.2016, 12.04.2016, 17.05.2016 and as such, Ops were proceeded against exparte vide orders dated 31.05.2016.

5.                Complainant to prove his case tendered in evidence his affidavit Ex. CA along with documents Ex. C1 to Ex. C13 and then complainant closed exparte evidence.

6.                Written arguments not submitted, but only oral arguments heard and record gone through carefully.

7.                Ops in their reply have pleaded that complainant got booked the rooms for 12 nights, but owing to sudden illness of his Aunt, he could not avail those services, but on request of complainant, his brother Mr. Vishal Oswal was allowed to stay for four room nights against the adjustment of the charges thereof that paid by complainant. There is no dispute regarding the fact that amount of Rs.4,75,292/- was paid by complainant for availing services of Ops for 12 room night booking and that due credit of Rs.1,58,441/- was given on account of stay of brother of complainant. Even there is no dispute qua the fact that amount of Rs.3,16,851/-  still stands balance due to complainant against Ops. That is also borne from the produced documentary evidence.

8.                Ex. C1 is reservation confirmation letter dated 25.02.2014 showing that two rooms for six nights along with 2 adult guests were booked for period from 05.03.2014 to 11.03.2014 against payment of Rs.4,84,828.96. Ex. C2 is the letter sent by Mr. Enid Peixoto on 05.03.2014 to complainant for calling upon him to advice Ops about the arrival details, so that arrangement for the airport transfers to the resort of Ops can be made. However, complainant through letter Ex. C3 dated 06.03.2014 acknowledged the extension of his reservation till 06.03.2014. Through Ex. C3, complainant informed Ops that he has postponed his travel indefinitely due to hospitalization of his Aunt (Chachi) in Dayanand Medical College and Hospital, Ludhiana. Through Ex. C3 prayer made for cancellation of reservation with request not to charge any cancellation charges. That request Ex. C3 duly considered by Ops by sending intimation to complainant through letter Ex. C4.

9.                After going through Ex. C4, it is made out that out of 12 room nights retention, waiver off four room nights retention took place because of the availing of the service of these four room nights by Mr. Vishal Oswal, brother of complainant. Through Ex. C4, balance eight room nights were charged as retention charges. That offer put forth by Ops through letter Ex. C4 was acknowledged by complainant through letters Ex. C5 and Ex. C6. Through Ex. C5, complainant called upon Ops that credit for outstanding retention amount charges of Rs.3,16,000/- may be given, so that he may utilize the said amount over the next one year for his stay at Leela Goa. Through Ex. C6, email of date 10.03.2014, complainant informed Ops that he will not travel to Leela Goa and as such, Ops should instruct the reservation authorities concerned to give the credit of Rs.3,16,861/- for eight nights. Through Ex. C6, intimation also was given by complainant to Ops that credit for four nights stay of his brother be given in his account. Through Ex. C8, email letter sent by complainant to Ops on 31.03.2014, complainant informed Ops that he had received call from Mr. Abhishek Sharma to convey that Ops can give credit voucher of balance amount of Rs.3,16,851/- for utilization in Leela Hotel in India or only Leela Goa for validity of one year. Through letter Ex. C9 , complainant was informed through G.M. Shridhar Nair that due to potential loss of resale of rooms on account of cancellation, substantial credit of Rs.1,59,000/- + 03 nights in a lagoon suite has been duly given on higher side. In response to this, complainant through letter Ex. C10 of date 01.04.2014, informed Ops that he is not asking for the refund of Rs.3,16,851/-, but he is seeking a credit voucher for the entire amount, so that same may be utilized for stay at any Leela Hotel in India or at the Leela, Goa. As through letter Ex. C10, complainant not seeking refund of Rs.3,16,851/-, the outstanding balance amount, but he is seeking credit voucher for this amount so that same may be utilized for stay at any Leela Hotel in India and Leela Goa and as such, claim for refund put forth through this complaint has been submitted as an afterthought version. Complainant cannot be permitted to back out from the terms  of letter Ex. C10 and as such, in view of acceptance of offer by complainant for issue of credit voucher for amount of Rs.3,16,851/-, the complaint deserves to be allowed only to the extent that Ops will give credit voucher for amount of Rs.3,16,851/-, so that complainant may utilize the said amount for stay at any Leela Hotel in India or at the Leela Goa within one year from the date of receipt of copy of the order by parties, but subject to availability of hotel rooms in desired/chosen hotel by complainant at the relevant time. No amount of compensation or litigation expenses required to be awarded because complainant has filed this complaint despite the offer of issue of credit voucher by Ops. Besides this complaint has been filed by complainant by ignoring the terms of his own issued letter Ex. C10, which shows that complainant himself backing out from the offer put by him.

10.              As a sequel of above discussion, complaint allowed exparte in terms that Ops will give credit voucher for amount of Rs.3,16,851/- /-(Rupees Three Lac Sixteen Thousand Eight Hundred and Fifty One only), so that complainant may utilize the said amount for stay at any Leela Hotel in India  or at the Leela Goa within one year from the date of receipt of copy of the order by parties, but subject to availability of hotel rooms in desired/chosen hotel by complainant at the relevant time. No order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

                                                 (Babita)                          (G.K. Dhir)

                                                 Member                           President

Announced in Open Forum.

Dated:15.06.2016.