BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.373 of 2022

      Date of Instt. 06.10.2019

      Date of Decision: 31.01.2023

Mridul Marwaha S/o Deepak Marwaha r/o 330, Model Town Near Mata Rani Chownk, Jalandhar 144001.

..........Complainant

Versus

1.       The Manager, Country Inn and Suits by Raddisson Panjim, Goa.

2.       Raddison Corporate Office, Sector 29, Gurgaon,

          Through its authorized representative.

….….. Opposite Parties

          Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Smt. Harleen Kaur, Adv. Counsel for the Complainant.

OPs No.1 and 2 exparte.

Order

Dr. Harveen Bhardwaj (President)

1.                This complaint has been filed by the complainant, wherein alleged that the complainant allured by tempting and lucrative advertisement online for tour and travels with lucrative price offers by the OPs, booked a package through official site of the OPs i.e. raddissonhotels.com. The complainant booked two room with the OPs for two nights, check-in for 9^th March 2022 and check-out for 11^th March, 2022, consisting in total Rs.25,984/- for deluxe rooms (non-smoking) and bill bearing No.GOAP-56333 was generated in respect of the same. The OPs is a chain of luxury hotels expected to be having high degree of efficiency in hospitality, serving the best in every section. OP No.1, under administrative and supervisory control of OP No. 2 in the said alliance. At the time of the check-in, the complainant handed over his credit card pertaining to RBL Bank ending 2256 for making the said payment to the staff of OP No.1. However in the first instance the transaction was shown as declined at the offline POS Machine of the OP No.1. Then the staff of OP No.1 tried the said card on an online machine which again however gave error message. Thereafter, the complainant gave another card pertaining to ICICI Bank ending with 9008 and this time an amount of Rs.25984/- was processed through the system of OP No.1 with a third machine. However subsequently the complainant got a message from the RBL Bank with respect to debit of Rs.25,984/- on his RBL Card ending 2256 vide the second transaction, swipe done at the online machine of the OP No.1. The same was confirmed vide the statement of account procured by the complainant from his bank. Ex C-5 i.e. the RBL Bank which clearly showed debit of Rs.25,984/- in favour of the OP vide even the second transaction, giving details of the date and time of the debit of said amount in favour of the OP No.1. The complainant has been regularly corresponding with the OP and requesting the OP for the refund of the excess amount debited from the account of the complainant by the opposite party. The complainant wrote an email dated 11^th the proof of the said deductions from his ICIC bank and the RBL card but the OP never bothered to reply the same. Subsequently, the complainant contacted the OP No.1 over the phone number of times but to no avail. The complainant tried his level best to apprise OPs of his woe, distress but the OPs miserably failed to show customer friendly solution to redress bonafide grievance of the complainant. The complainant got served legal notice dated 23.01.2022, but to no avail and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to return/refund an amount of Rs.25,984/- excess deduction by the OP No.1 which the OPs have been using towards their benefit till date as mentioned herein above alongwith interest @ 18% per annum from the date of deposit upto the date of actual payment to the complainant. Further, OPs be directed to pay a compensation of Rs.5,00,000/- for causing mental tension and harassment to the complainant and Rs.30,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, but despite service both the OP failed to appear and ultimately, both the OPs were proceeded against exparte.

3.                In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 to Ex.C-8.

4.                We have heard the learned counsel for the complainant and have also gone through the case file very minutely.

5.                The complainant has proved that he booked two rooms with the OPs for two nights from 9.03.2022 to 11.03.2022, for a sum of Rs.25,984/-, which is evident from Ex.C-1 & Ex.C-2. At the time of check-in, the complainant handed over his credit card pertaining to RBL Bank for making the said payment to the OP No.1. At the first instance, the transaction was declined at the offline POS machine of the OP No.1 and then again an error was given at the online machine as per Ex.C-3. Ex.C-4 is the current statement. Then the complainant used his another card pertaining to ICICI bank and this time an amount of Rs.25,984/- was processed. Subsequently, the complainant got a message from the RBL Bank with respect to debit of Rs.25,984/- on his RBL card, which is evident from Ex.C-5 i.e. statement of account. Ex.C-6 is the statement of account showing that the amount of Rs.25,984/- has been deposited in the account of OP. The complainant thereafter contacted the OP for refund of the excess amount which was debited from the account of the complainant. The amount of Rs.25,984/- was credited in the account of the OP twice i.e. from RBL Bank and ICICI Bank, meaning thereby the amount of Rs.25,984/- was deposited in excess. The complainant also sent an email Ex.C-7 and sent legal notice Ex.C-8, but the OP failed to redress the grievance of the complainant.

6.                On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-8.

7.                    After considering the documents proved on record by the complainant, it is clear that an excess amount of Rs.25,984/- was deducted from the account of the complainant and the same is proved. The complainant sent an email and sent notice regarding this, but the OPs failed to do the needful. Since, the OPs are exparte, therefore no reply and no defence is there to be relied upon and ultimately, the allegations of the complainant remained un-rebutted and un-challenged and proved as there is no rebuttal evidence on the file qua the allegations of complainant.

8.                In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP are directed to refund an amount of Rs.25,984/- to the complainant alongwith interest @ 9% per annum from the date of deposit till its realization and further OPs are directed to pay a compensation of Rs.15,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

 9.               Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.