Haryana

Panchkula

CC/487/2021

MANISH DESWAL. - Complainant(s)

Versus

THE MANAGER ,COUNTRY HOLIDAYS INN& SUITES PVT.LTD. - Opp.Party(s)

IN PERSON

16 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA

Manish Deswal R/o 101, GH-4, Sector-23, Panchkula(Haryana).

                                                                ….Complainant.

Versus

The Manager, Country Holidays Inn & Suits Pvt. Ltd. OBS Tower, 3^rd Floor, A-Block, A-37, Sector-63, Noida-201301, U.P.

….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

For the Parties:   Sh. Sunish Aggarwal, Advocate for the complainant.

                        OP already ex parte vide order dated 03.02.2022.

ORDER

(Dr.Pawan Kumar Saini, Member)

1.                The brief facts of the present complaint are that the OP is doing a business of providing boarding, lodging, accommodation in a group of resorts run by them across the country. The OP lured the complainant that in case he deposits Rs.1,50,000/- with it, it shall provide Five Star services in their group of hotels and resorts throughout India and convinced the complainant to buy their package to avail free stay and accommodation in their group of resorts in suites. Thereafter the complainant after having got deposited Rs.1,50,000/- with the OP, sent an email for booking from e-mail id th November 2020 to check out at 21^st Nov. 2020. However, the complainant and his friend were left utterly shocked and disappointed by finding the room reserved by the OP in a stale and miserable condition, which forced them to leave the OP’s resort. Thereafter, when the complainant sent the Op an e-mail to reserve a suit/room in its Hotel at Shimla, he was refused booking by a revert e-mail from the OP side dated 22.12.2020 from its official e-mail id nd December to 5^th January due to blackout period”. It is stated that the complainant stayed in the “Manali Inn Manali” from 11^th March 2020 to 13^th March 2020 via its confirmation e-mail on 8^th March 2020 but again the complainant and his colleague found dirty rooms, unhygienic atmosphere, irresponsible and disobedient staff and waiters which again made them leave the hotel abruptly in a state of distress and frustration. Thereafter, the complainant tried to book a room in the OP’s hotel in Shimla at least four times but his e-mails were received on 14^th Jan. 2021 at 4:05pm, 14^th Jan. 2021 6:19 pm, 1^st Feb. 2021 7:10pm and 19^th Feb 2021 at 4:53 pm all emails refusing to book a room on one pretext or the other.  The e-mails mentioned that you are unable to proceed with the booking “due to sold out reasons as well as due to long holiday weekend” and “ultra peak season and the dates are very decisive” and again “we are not getting availability as per the scheduled dated” and yet again “we are not getting availability as per the given dates due to high occupancy and heavy foot fall in the requested region”. Lastly the complainant tried to book a suite/room on 25^th Oct. 2021 but the same result. All these reasons right from denial of a single room to the complainant to getting a more than sub-standard rooms and services incessantly in a series of events clearly show that the booking was not entertained by the OP intentionally. The complainant also served a legal notice dated 22.05.2021 upon the OP through registered/speed post on 27.05.2021 but the till today did not even pay any heed to reply.  Due to the acts and conduct of the OP, the complainant has suffered a great mental agony, harassment and financial loss; hence, the present complaint.

2.             Notice was issued to the OP through registered post which was not received back either served or unserved despite the expiry of 30 days from the issuance of notice to OP; hence, it was deemed to be served and thus, due to non appearance of OP, he was proceeded ex-parte by this Commission vide its order dated 03.02.2022.

3.             The ld. Counsel for the complainant has tendered affidavits as Annexure C-A & C-B along with documents Annexure C-1 to C-13 in evidence and closed the evidence by making a separate statement.

4.             We have heard the learned counsel for the complainant and gone through the entire record available on the file including written synopsis filed by the complainant, minutely and carefully.

5.             Evidently, the complainant was provided the membership by the OP for a tenure of 10 years having the stay facility of 6 nights 7 days per year in lieu of payment made by the complainant amounting to Rs.1,50,000/-. As per version of the complainant, he was promised a five star boarding and lodging facility while providing the membership to him by OP vide Annexure C-4 on 28.07.2017 but the hotel rooms of the Hill Country Spa, Manali on 19.11.2020 to 21.11.2020 were found in a bad and miserable condition thereby forcing the complainant and his friends to leave the hotel. Further, on another occasion, the hotel rooms during the stay of the complainant in the hotel Manali w.e.f. 11.03.2020 to 17.03.2020, were found dirty, unhygienic and the staff of the hotel was disobedient and discourteous, which again forced the complainant and his friends to leave the hotel abruptly in distress and frustration. Further, as per contentions of the complainant based on Annexure C-8 to C-13, he was denied the lodging and boarding facility by the OP on several dates citing various reasons about non availability of the rooms. The complainant while inviting our attention towards emails (Annexure C-8 to C-13) contended that his request was declined for stay at Shimla on four occasions and request for stay at Delhi was declined on two occasions. Feeling aggrieved with the services of the OP, the complainant sent a legal notice(Annexure C-1) to OP through his counsel Sh.Sunish Aggarwal asking for the refund of his deposited amount. In the present complaint, the complainant, alleging lapses and deficiencies on the part of the OP, has claimed the refund of an amount of Rs.1,50,000/- alongwith interest and compensation amounting to Rs.30,000/- on account of mental agony and harassment etc.  

6.             The OP has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, it was proceeded ex-parte vide order dated 03.02.2022 and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.                In view of the fact that the OP neither responded to the notice nor has he opted to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the OP had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the affidavit in support thereof. Thus, we hold that OP is liable for the deficiency and unfair trade practice; hence, the complainant is entitled to relief.

8.             In relief, the complainant has prayed that the OP be directed to refund the amount of Rs.1,50,000/- alongwith interest @18%. Compensation amounting to Rs.3,00,000/- on account of mental agony and harassment and litigation charges has also been claimed. In the totality of facts and circumstances as discussed in the above paras, refund of Rs.1,35,000/- after deducting a sum of Rs.15,000/-, out of deposited amount of Rs.1,50,000/-, on account of usage of the stay  facilities by the complainant, along with interest @9% per annum from the date of filing of the complaint till its realization would be fair, just and reasonable.  Apart from it, the complainant is also found entitled to be duly compensated on account of mental agony, physical harassment and litigation charges.

9.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To pay a sum of Rs.1,35,000/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization.
2. To pay an amount of Rs.10,000/-to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,000/-as cost of litigation charges.

10.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 16.06.2022

        Dr.Sushma Garg         Dr. Pawan Kumar Saini         Satpal

                Member                  Member                                President

Note: Each and every page of this order has been duly signed by me.

                                        Dr. Pawan Kumar Saini

                                              Member