By. Smt. Renimol Mathew, Member:-
Brief of the complaint:- The complainant and his companion family members reached at Kuruva Gate Residency after a long journey. The entire group consisting of 18 members including 10 children. The opposite party is managing and conducting business in the name and style of M/s Kuruva Gate Residency and rendering services like attached family rooms, bathroom with 24 hours hot water facilities etc. The complainant booked 5 attached family rooms in the opposite party Kuruva Gate Residency. On 24.04.2012 the complainant with his family along with 3 friends and their family members occupied room Nos.101,102,103,104 and 105 in respondent's residency. By seeing the services offered by the respondent through the brochure, the complainant and his companion family members reached Kuruva Gate Residency after long journey. The long journey made the members very tired. In order to make them fresh
all the members in the team tried to get water for bathing but it was vain. On that time there was no electric power supply in the cottages. It was brought to the notice of the opposite party they did not taken any alternative arrangements to over come the situation. Due to the power failure and mosquitoes bites made them more tired that affected the health and satisfaction of the entire group. So the complainant and companions vacated the room on 25.04.2012. The failure to provide necessary services promised by the opposite parties are deficiency in service on the part of the opposite party. Hence it is humbly prayed to award a compensation of Rs.2,00,000/- and cost of this litigation.
2. Notice was sent and served to opposite party on 19.12.2012. Vakalath filed for opposite party but they have not filed their version till 08.03.2013. Hence opposite party is set exparte and proceeded with the case.
3. On considering the complaint and affidavit the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite party?
2. Relief and Cost.
4. Point No.1 :- The complainant has filed his proof affidavit and documents Exts.A1 to A3 Series. In the proof affidavit he stated as stated in the complaint. Ext.A1 is the brochure issued by the opposite party. Ext.A2 is the Cash Bill issued by the opposite party to the complainant. Ext.A3 series are the Lawyer Notice and Acknowledgment card issued by the complainant to the opposite party. On perusing Ext.A1 “Services” in 3rd line we could see it is noted as “Spacious bathroom with 24hours hot water facilities”. On perusing Ext.A2 it is clear that the opposite party has accepted Rs.7,500/- from the complainant for 5 rooms for one day. Ext.A3 series is the Lawyer Notice along with Acknowledgment Card. On considering the compliant, chief affidavit and Exhibits it is clear that the opposite party offered the services mentioned in the Ext.A1 brochure. But the complainant along with his companions reached at the opposite party's residency there was no water supply and power supply, no alternative arrangements have been made by the opposite party to the complainant and his companions. This is deficiency in service on the part of the opposite party. Point No.1 is found accordingly.
5. Point No.2:- The complainant has entitled to get Rs.20,000/- as compensation and cost from the opposite party.
In the result the complaint is partly allowed. The opposite party is directed to pay Rs.20,000/- (Rupees Twenty Thousand Only) as cost and compensation to the complainant. This Order is to be complied by the opposite party within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the 15th day of April 2013.
Date of Filing:-15.11.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Brochure.
A2. Cash Bill. dt:25.04.2012.
A3(Series). Lawyer Notice & Acknowledgment Card. dt:04.05.2012.
Exhibits for the Opposite Party:
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD
