C.C. No.217/2023

Rashmi Ranjan Sinha,

S/o. Gorachand Sinha,

At- Khuntal, P.O.- Rahama,

P.S.- Tirtol, Dist.- Jagatsinghpur,

At Present- Quarter No.NA/178,

Nuabazar, P.O./P.S.- Paradeep,

Dist.- Jagatsinghpur.                                                ……………. Complainant

                           (Versus)

1. The Manager-in-Charge, OYO,

GSTIN- 21AANCA6342HIZU,

Principal Place Business,

At- DCB/124, DLF Cyber City,

Chandaka Industrial Estate,

Patia, Bhubaneswar,

Dist.- Khordha- 751006,

At Present- Plot No.117,

Ground Floor, Surya Nagar,

Bhubaneswar- 751013.

2. The Manager-in-Charge, OYO,

Flagship 87518 (Sunshine Stay),

412, Plot No.412, K2 Kalinga Nagar,

Ghatikia, Bhubaneswar- 751015.

3. The Proprietor,

83839 (Hotel Utishree),

New Airport Road,

Jagamara, Khandagiri,

Bhubaneswar- 751030.

4. The Manager-in-Charge,

OYO14041 (Seven Inn), 810/2751,

Plot No.810/2751, Gopal Resort,

Behera Sahi, Nayapalli,

Near the World Mall,

Bhubaneswar- 751012.…..… Opposite parties

For Complainant………..Mr. A.K. Swain & Associates

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                                      JUDGMENT

            Notice was sufficient to the opposite party No.4 but the opposite party No.4 neither appeared personally nor engages any counsel, so the opposite party No.4 ex-parte vide order No.3 dt.28.8.2023.

            As the complainant had booked a classic room on 25.9.2022 at OYO 14041 (Seven Inn) for 25.9.2022 and 26.9.2022 vide booking ID- 11408382 for a consideration amount of Rs.1,252/- + Rs.451/- towards booking amount for one night stay. On scheduled date when complainant reached the OYO Hotel the hotel manager refused to check in as there is no available of room when the complainant asked OYO customer support Executive Manager they informed due to low tariff issues the hotel owner demanded extra Rs.1,000/- towards the room service. The complainant was in trouble and faced problem and stay outside hotel giving more money and till date the booking amount has not credited to his account rather complainant received massage from OYO Company to give ratings regarding room service of the OYO. Hence this complaint and complainant filed the petition with affidavit.

            As the opposite parties taking consideration money of Rs.1,703/- for giving hotel service to the complainant, so the complainant is a consumer as per Sec.2(7) of the Consumer Protection Act, 2019.

            As the opposite parties had failed to give boarding and lodging service to the complainant after receiving consideration money, the opposite parties are negligent in their part which leads to deficiency of service on the part of the opposite parties.

            Hence it is ordered that the opposite parties shall return the booking amount of Rs.1,252/- + Rs.451/- to the complainant. The opposite parties shall pay Rs.5,000/- as mental agony and Rs.4,000/- as cost of litigation to the complainant within 30 days after receiving the order.  With the aforesaid observation and direction the consumer complaint is disposed of.     

           Pronounced in the open Commission on this 31^st May,2024.