Tripura

West Tripura

CC/14/68

Sri Nagendra Chandra Debnath - Complainant(s)

Versus

The Managing Director, Tripura Tourisim Development Corp. Ltd. & others - Opp.Party(s)

Sri Kriahnagopal Bhowmik

04 Jul 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

    CASE NO:  CC- 68 of 2014

         Sri Nagendra Ch. Debnath,
         S/O- Lt. Mahim Ch. Debnath,
Melaghar, District- Sepahijala.        .........Complainant.

         ______VERSUS______
    
        
1. The Managing Director,
Tripura Tourism Development Corporation Ltd.,
Palace Compound, Agartala,
West Tripura.
 
 2. The Manager,
     Sagar Mahal Tourist Lodge,
     Melaghar, 
     District- Sepahijala, 
         Tripura.                 ..…..Opposite Parties. 

                    __________PRESENT__________

 SRI S. C. SAHA
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant             : Sujit Chandra Majumdar and
                      Krishna Gopal Bhowmik,
                  Advocates.
                       
For the Opposite Parties         :Gouri Sankar Bhattarjee,
                     Advocate. 
            

      
                  
JUDGMENT  DELIVERED  ON : - 04.07.15

J U D G M E N T    
 
        This is a complaint U/S 12 of the Consumer Protection Act, 1986 (herein after referred to as the Act') filed by the complainant, Sri Nagendra Ch. Debnath of Melaghar, Sepahijala District,  Tripura against the O.Ps, namely the Managing Director, Tripura Tourism Development Ltd. Agartala, West Tripura and another over a consumer dispute alleging negligence and deficiency in rendering service on the part of the O.Ps.
2.        The fact of the case as gathered from the record is that the complainant hired Sagar Mahal Tourist Lodge, Melaghar under Sepahijala District for the purpose of his son's 'Boubhat' ceremony to be held on 02.05.13. He paid Rs.15,000/-being the rental charge of the tourist lodge as advance. At the time of booking of the tourist lodge he was assured by the O.P. No.2 that all sorts of facilities like A/C, non-A/C rooms, including attached bathroom, purified drinking water, uninterrupted power supply were available there. Relying on the assurance given by the O.P. No.2, he booked 8 number of A/C rooms and one non-A/C room including a dormitory hall at the Old Complex of Sagar Mahal Tourist lodge for the stay of 44 number of guests who would come to Melaghar from outside in connection with the marriage ceremony of his son. On 02.05.13 at 11 A.M. the complainant went to the old complex of Sagar Mahal Tourist Lodge along with his companions for  erection of tent and cooking of food etc. for 800 people but to his utter surprise it was noticed that there was no  power supply and its over-head tanks were fully dry. He then requested the O.P. No.2 to take immediate steps so that lunch could be prepared for 800 invitees but the O.P. No.2 expressed his inability. There was not a single drop of drinking water inside the rooms booked for 44 number of guests. 02.05.13 being a very hot day no alternative arrangements were made at least for running of the fans inside the guests house. Having been failed to bear the intolerable situation, the complainant shifted his 40 number of guests from Sagar Mahal Tourists Lodge to a hotel at Agartala by hiring private vehicles, for which he had to spend Rs.70,000/- in all. In the evening, when the electric supply restored at the Sagar Mahal, it was found that the water pump machine was not operating for lifting of water on the overhead tanks and the A/C machines were also non-functioning. The 800 invitees of the complainant suffered badly due to mismanagement of the O.P. No.2 and thus his reputation in the society had been affected. According to the complainant, the conduct of the O.Ps constituted negligence and deficiency in rendering service for which he is liable to be duly compensated by the O.Ps. Hence, this complaint.

3.        The complaint was contested by the O.Ps. stating, interalia, that the Sagar Mahal Tourist Lodge has 3 parts, namely i)Old Complex, ii) New Complex, iii) Annexes (Souvenir Building).  The Old complex consists of 8 double bedded A/C rooms, 7 non-A/C rooms and one large dormitory for 7 persons accommodation which totally provides for accommodation of 44 persons. The rent for the rooms of Old Complex was Rs.15000/- and rent for the New Complex was Rs.29,118/- for a day. The complainant being satisfied as to the facilities available in the old complex of Sagar Mahal Tourist Lodge booked all the rooms there for one day from 11 A.M. of 02.05.13 to 11 A.M. of 03.05.13. He paid Rs.10,000/- as advance and assured to pay the balance amount on the day of 'Boubhat' ceremony on 02.05.13. On 02.05.13 at about 8 A.M. the complainant met the Manager of Sagar Mahal Tourist Lodge and checked all the rooms of the old complex to be accommodated to his 44 number of guests. He was told by the Manager that all the 5 overhead water tanks were full with 5000 ltrs of water. At about 8.30 A.M. the complainant again came to the tourists lodge with a vehicle  loaded with various materials like tents, bamboo pulls etc. and requested the Manager to accord permission to construct a tent on the open space of the old complex of the tourists lodge for cooking of food and making of sitting arrangements for 800 people. The Manager allowed the complainant to construct the tent on the open space  of the old complex of tourist lodge with a warning not to cause any damage to the property by any means. The complainant was also asked to use the outside tube well for drawing water for the purpose of cooking and washing of utensils. From 11 A.M. the guests of the complainant started pouring in. At about 11.30 A.M. there was sudden disruption of electric power in the in the area of tourist lodge, for which the A/C machines stopped  functioning. The complainant utilized the water stored in the overhead water tanks for the purpose of cooking and washing of utensils. The 800 invitees of the complainant also started using the toilets and bathrooms paying no heed to the request of the staff members though the rooms were booked only for 44 persons. At about 3 P.M. the power supply restored at the Sagar Mahal Tourists Lodge. By this time the overhead water tanks become empty due to faulty use of water by large number of invitees. When the power supply restored, the O.P. No.2 started the motor pump to lift water but unfortunately the pump burst out. So, the Manager, on humanitarian ground, engaged the staff of the tourist lodge to collect water from the tube well for use of the complainant and his guests. It is alleged that the complainant without obeying the direction of the O.P. no.2 allowed his 800 invitees to utilize and enjoy the rooms facilities of the tourist lodge. As a results, the overhead tanks containing 5000 ltrs of water become empty within a short span of time. The O.P. No.2 could not provide all facilities to the members stayed in the tourists lodge due to sudden disruption of power from 11 A.M. to 3 P.M. which was beyond his control. It is denied that the O.Ps were negligent and deficient in rendering service to the complainant in any manner whatsoever. 

4.        In support of the case, the complainant has examined himself as P.W. 1 and has proved and exhibited the following documents:
    Exhibit 1- Money receipts dated 03.05.13;
    Exhibit 2- Booking Slip dated 12.05.13;
    Exhibit 3- Statement of the Manager dated 03.05.13;
    Exhibit 4- Cash Memo dated 02.05.13; 
    Exhibit 5 Series- Bills towards hiring charges of vehicles;
    Exhibit 6- Advocate's Notice dated 20.05.13;
    Exhibit 7- Reply to the Advocate's Notice dated 07.06.13.

5.        On the other hand, one Sri Tapas Kanti Debnath, the Manager of Sagar Mahal Tourists Lodge, has examined himself as O.P.W.1 as a witness of the O.P. side and has proved and exhibited the following documents:
    Exhibit A- Requisition form of the complainant dated 02.05.13; 
    Exhibit B- Rules and Regulations of the Tourists Lodges dated 14.01.15;
    Exhibit C- Letter dated 14.01.15  of the Senior Manager (Electrical).

        FINDINGS:

6.        The point that would arise for consideration in this proceeding is;
        (i) Whether the O.Ps were negligent and deficient in rendering service to the complainant. If so, whether the complainant is liable to be compensated by the O.Ps.
        
7.        We have already heard arguments advanced by the learned counsel appearing for the parties. Also perused the pleadings, documents on record, evidence adduced by the parties and the memorandum of written argument filed on behalf of the O.Ps meticulously.

8.        There is no manner of dispute that on being satisfied as to the facilities available for the guests at old complex of Sagar Mahal Tourists Lodge the complainant booked all the rooms from 11 A.M. of 02.05.13 to 11 A.M. of 03.05.13 for stay of his 44 guests who were supposed to attend the marriage ceremony of his son. Out of total rental charge of Rs.15,000/-, he paid Rs.10,000/- as advance. It is also an admitted fact that the complainant used the open space of the old complex of Sagar Mahal Tourist Lodge with prior permission of the authority by erecting tent/pandal thereon in order to cook food and for making sitting arrangements of 800 people. There is also no denial of the fact that there had been disruption of power supply at the Sagar Mahal Tourist Lodge area from 11 A.M. to 3 P.M. of 02.05.13 causing serious   inconvenience to the guests supposed to be stayed at the old complex of Sagar Mahal Tourists Lodge. It is alleged by the complainant that at the time of booking of rooms at the tourists lodge he was assured by the O.P. No.2 that in case of failure of power supply they would arrange for generator. But in reality nothing of this sort was done. Due to power cut there was not a drop of water in the overhead tanks. So, he had to purchase water from outside for cooking of food and drinking of water for the invitees. As the A/C machines were not functioning, he had to arrange accommodation of his guests in a hotel at Agartala and they were shifted to Agartala by hiring private cars and thereby he incurred huge expenditure. According to the complainant, due to poor management of the tourists lodge by its authority the untoward incident happened. 

9.        On the other hand, the O.Ps controverted the allegation of the complainant asserting that the complainant booked the old complex of Sagar Mahal Tourists Lodge  for 44 members. But 800 people entered into the lodge and availed the facilities meant for 44 persons. As a result, 5 overhead water tanks having capacity of 5000 ltrs of water became empty in a short duration. The complainant was never assured to extend any sort of facility to his 800 invitees who attended the 'Boubhat' ceremony of his son. 

10.        Admittedly, the smooth functioning of the tourists lodge disrupted due to power cut from 11.00 A.M. to 3 P.M. on 02.05.13. This has been confirmed by the letter dated 14.01.15 issued by the Senior Manager(Electric), Melaghar Electric Sub-Division which stipulates that the supply of power suffered at Sagar Mahal area from 11.A.M. to 3 P.M. on 02.05.13. We all know that A/C machines do not function with a generator having low volt capacity. Unless the normal electric supply restores, the A/C machines remains non-functioning. Sometimes water also can not be lifted to the overhead tank by operating the motor pump for want of electric power. There can not be any doubt about that  cooking of food is certainly likely to be hampered for want of adequate water and the guests stayed at the A/C rooms bound to suffer due to non-functioning of the A/C machines. For this reason, the O.Ps can not be solely blamed. Such kind of undesired incident would not happen had there been no load-shedding at Sagar Mahal Tourists Lodge area from 11 A.M. to 3 P.M. on 02.05.13 during the prime time of 'Boubhat' ceremony. The incident was certainly beyond the control of the management. There is nothing on record to suggest that for the willful negligence of the Manager(O.P. No.2) the complainant suffered inconvenience and harassment.

11.        The Manager of Sagar Mahal Tourist Lodge was duty bound to extend all sorts of available facilities to 44 members for whom the rooms at the old complex of Tourist Lodge were booked. But they had no liability to provide any facilities to the 800 people who were invited by the complainant for the 'Boubhat' ceremony. It appears from the pleadings as well as the evidence of the O.P.W.1 that the complainant was just permitted to use the vacant place of the old complex of Sagar Mahal Tourist Lodge for the 'Boubhat' ceremony. From the requisition form(Exhibit-A) it is seen that the complainant sought accommodation for 44 persons at the old complex of Sagar Mahal Tourist Lodge in connection with his son's marriage ceremony not for using any portion of the vacant place of Sagar Mahal complex for the purpose of 'Boubhat' ceremony. Therefore, the complainant is not entitled to any compensation for not rendering service to him for organization of 'Boubhat' ceremony in the premisses of the tourist lodge. That being so, the management had no responsibility for smooth running of the 'Boubhat' ceremony organized by the complainant. Exhibit-1, Money Receipt clearly reveals that the amount of Rs.15000/- was paid by the complainant towards seat rent of the tourist lodge in connection with marriage occasion.

12.        The complainant has produced some vouchers in support of his contention that due to non-functioning of the A/C machines and non-availability of the water inside the old complex of the tourist lodge he had to shift 40 number of guests from tourist lodge to a private hotel at Agartala by hiring private cars, for which he had spent a sum of Rs.70,000/. Since the O.Ps have disputed the genuinity of the vouchers produced by the complainant, the duty casts upon the complainant to prove the vouchers by the persons who issued it. 

13.        During the course of hearing, the learned counsel for the complainant drew our attention to the statement dated 03.05.13 made by the O.P. No.2(Exhibit-3), which according to him, was sufficient to attribute the charge of deficiency in service on the part of the O.Ps. 

14.        In reply, the learned counsel appearing for the O.Ps strenuously argued that the A/C facilities could not provided to the members for whom the rooms were booked due to break down of power supply at the Sagar Mahal complex from 11 A.M. to 3 P.M. on 02.05.13 and there was scarcity of water at the old complex of tourist lodge as most of the 800 invitees of the complainant came from outside illegally used the bathrooms and toilets of the tourists lodge and the food was cooked food for 800 people with the water instore on the overhead water tanks. According to him, the stored water exhausted due to faulty use of the complainant in violation of the terms and conditions of the Tourists Lodges. 

15.        We have already pointed out that the management could not provide all sorts of facilities available at the old complex of Sagar Mahal Tourist Lodge to the 44 members, for whom the rooms were booked, due to sudden disruption of power not for the fault, short coming and inadequacy of management of Sagar Mahal Tourist Lodge.

        The Hon'ble Supreme Court in Ravneet Bagga Vrs. KLN Royal Dutch and another (2000) 1 SCC 66 held that ''the deficiency in service can not be alleged without attributing fault, imperfection, short coming or inadequacy in the quality, nature and manner of performance which is required to be performed by a person in pursuance of a contract or otherwise in relation to any service. The burden of proving deficiency in service is upon the person who alleges it.''

16.        In view of the discussion made above, we are of the considered opinion that the complainant has failed to prove by cogent and credible evidence that the O.Ps were negligent and deficient in rendering service to the complainant. 

17.        In the result, therefore, the complaint U/S 12 of the Act filed by the complainant stands dismissed being devoid of merit. However, we make no order as to costs.               

18.                 A N N O U N C E D

 

SRI S. C. SAHA
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 
SMT. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.