The complaint under C.P. Act., 1986 was initially filed against O.P., The Manager, Hotel Swagatam International (Tarapith), Kabi Chandrapur, Tarapith Temple Road, P.S. Tarapith, P.O.- Chandipur, District- Birbhum, Pin Code- 731233  who did not contest the case.

The case of the complainant as per complaint is as follows-

 The complainant was a customer of the Hotel Swagatam International (Tarapith), Kabi Chandrapur, Tarapith Temple Road, P.S.- Tarapith, P.O.- Chandipur, District- Birbhum, Pin Code- 731233, as he booked a room from 11/09/2021 to 12/09/2021, through online (Phone pe Application) and stayed there on that date. The hotel booking amount was also made through online (Phone pe Application), in that way all details of bank account of the said hotel was saved in the Phone pe Application, in the mobile of the complainant.

The complainant’s case is that, on 15/10/2021 he tried to make payment of Rs. 300/- (Rupees three hundred only) to one of his friends, but the same was mistakenly transferred to the bank account of Swagatam International’s Hotel at Tarapith, being Transaction I.D. No. T2110152246051388967809. Then and there the complainant had informed to the O.P., over phone and stated the above fact and the O.P. assured the complainant, that the amount would be credited, in the account of the complainant on 18/10/2021, after checking the account statement. The O.P. did not return the said amount i.e. Rs. 300/- (Rupees three hundred only) on 18/10/2021and when the complainant asked the O.P. over phone to return the said amount, the O.P. told the complainant on the next date i.e. on 19/10/2021, but, on 19/10/2021 when the complainant again asked the O.P. to return the said amount, the O.P. denied to return the said amount, to the complainant. The complainant had filed the account statement of the respective bank account, of the complainant (State Bank of India), being No. 32871157612, IFSC SBIN0000095, Jalpaiguri main branch.

The complainant has also argued, that he also made a complaint on 20/10/2021 through E- mail, to the O.P., but did not get any reply and then on 05/11/2021, he had sent a legal notice, by post through his lawyer to the said Hotel and the same was delivered to the said Hotel on 11/11/2021, as per track consignment which is filed with this complaint. In the legal notice the complainant had given 15 days (Fifteen days) to reply the same, but no reply had been given by the O.P.  The photocopy of the legal notice sent by the complainant had been filed, in this complainant.

Under the circumstance, the complainant has been forced to institute the present Consumer Complaint Case for unfair and illegal trade practice, negligent and service deficient acts, of the Opposite Party and has turned up before this learned District Commission with clean hands for preferring the present case. The complainant therefore prayed for amount of Rs. 30,000/- (Rupees Thirty thousand only) on account of financial losses, mental pain and agony and continuous harassment. The complainant has also prayed for amount of Rs. 20,000/- (Rupees Twenty thousand only) for litigation cost and also prayed for any other relief or reliefs as Ld. Commission deemed fit and proper for ends of justice.

The O.P., the Manager, Hotel Swagatam International (Tarapith), Kabi Chandrapur, Tarapith Temple Road, P.S.  Tarapith, P.O. Chandipur, District .. Birbhum, Pin Code- 731233, did not appear to  contest the case. A notice was issued upon the O.P. on 31/01/2022 but after waiting for 50 days (Fifty days), the O.P. failed to appear and did not contest the case. Hence, the case was heard ex- parte against the O.P.

The documents filed by the Complainant are as follows

Annex 1    (1) Receipt copy of payment made by the complainant at the time of booking the said Hotel dated 

                          11/09/2021.

Annex 2    (2) Photocopy of Passbook of the respective bank (State Bank of India) of the complainant.

Annex 3   (3) Details of transaction made by the complainant dated 15/10/2021.

Annex 4   (4) Copy of the complaint sent through E- mail by the complainant dated 20/102021.

Annex 5    (5) Photocopy of the legal notice sent through the lawyer of the complainant dated 05/11/2021.

Annex 6    (6) Receipt copy of postal and track consignment.

In the Consumer Protection cases, it is the duty of the complainant to prove the negligence, breach of contract or deficiency of service of the Opposite Party but in this case the Commission has not found any deficiency of service or negligence or breach of contract from the side of the Opposite Party. The incident occurred due to the mistake of the petitioner for this act the Opposite Party can not be held liable and the Commission does not agree with the view of the complainant that the Opposite Party is liable.

            The petitioner has got plenty of chances to complain before the police but did not do this.

ORDERED

            The case is dismissed without cost against the Opposite Party.

            Let a copy of this judgment be given to the party free of cost.