Order No. 7 dt. 27/08/2018
The case of the complainant according to the complainant in brief is that the complainant booked a hotel room of four bed capacity on 06/11/2017 for temporary staying with her family at any hotel in the area of Police Bazar, Shilong for the period from 26/12/17 to 28/12/17 and paid Rs.5,000/- in cash under money receipt no. 1043 dated 06/11/2017 to M/s. The Travel Company, Poddar Court, 18, Rabindra Sarani, Kolkata – 700 001 (o.p.). But the o.p. booked a hotel room in Barbareek Inn which is within Bara Bazar area in Shilong. According to the google map the area of Bara Bazar is not within Police Bazar area of Shilong. Complainant informed the o.p. on 09/11/2018 about the anomaly detected by the complainant. But the o.p. argued for the same wrong address against the booking of the complainant. Being frustrated with the dealing of the o.p., complainant cancelled the booking on 09/11/2017 and the o.p. in turn confirmed such cancellation by striking out the booking slip. But the o.p. refused to make any refund of the amount of Rs.5,000/- paid on booking date i.e. on 06/11/17. Again on 01/12/17 complainant wrote a letter requesting the o.p. to return back the booking amount. Complainant lodged a complaint before the Jt Commissioner of Police,18,Lalbazar Street,Kolkata-700001 on 19.12.2017 requesting to help the complainant for recovery of the amount. Finding no immediate solution from the Police authority complainant sought the help of Assistant Director, Comsumer Affairs & Fair Business Practices , Govt of West Bengal for mediation of the case at an early date. But the o.p. remained unmoved. Finding no other alternative complainant lodged this complaint praying direction upon the o.p. to refund back Rs.5,000/- with compensation of Rs,3,000/- for harassment and mental agony and litigation cost of Rs.2,000/-.
In spite of issuing of notice for the o.p. through Post Office and through the Ajkal patrikla, daily news paper. The o.p. did not contest this case by filing w/v and as such, the case had been proceeded exparte against the o.p.
On the basis of the pleadings of the complainant following points are to be decided :-
- Whether there was any deficiency in service on the part of the o.p.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that complainant booked a hotel room of four bed capacity on 06/11/2017 for staying at any hotel in the area under the area of Police Bazar, Shilong for the period from 26/12/17 to 28/12/17 and paid Rs.5,000/- in cash under money receipt no. 1043 dated 06/11/2017 to M/s. The Travel Company, Poddar Court, 18, Rabindra Sarani, Kolkata – 700 001 (o.p.). But the o.p. booked a hotel room in Barbareek Inn which is within Bara Bazar area in Shilong. According to the google map the area of Bara Bazar is not within Police Bazar area of Shilong. Complainant informed the o.p. on 09/11/2018 about the anomaly detected by the complainant. But the o.p. argued for the same wrong address against the booking of the complainant. Being frustrated with the dealing of the o.p., complainant cancelled the booking on 09/11/2017 and the o.p. in turn confirmed such cancellation by striking out the booking slip. But the o.p. refused to make any refund of the amount of Rs.5,000/- paid on the booking date i.e. on 06/11/17. Again on 01/12/17 complainant wrote a letter requesting the o.p. to return back the booking amount. Complainant lodged a complaint before the Jt Commissioner of Police,18,Lalbazar Street,Kolkata-700001 on 19.12.2017 requesting to help the complainant for recovery of the amount. Finding no immediate solution from the Police authority complainant sought the help of Assistant Director, Consumer Affairs & Fair Business Practices, Govt. of West Bengal for mediation of the case at an early date. But the o.p. remained unmoved. Finding no other alternative complainant lodged this complaint.
In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopy of receipt of payment Rs 5,000/- issued by the o.p. Due to unchallenged testimony of the complainant there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.
Considering the submissions of the complainant and on perusal of the materials on record we find that complainant paid an amount of Rs.5,000/-against receipt for booking of a hotel room in police bazaar in Shilong. But the op booked a hotel room which is beyond the area of police bazaar and is not suitable for the complainant. complainant apprised the op about the problem regarding location of the booking of hotel room. Op admitted the problem of the complainant and accepted the cancellation of booking of the complainant by putting an endorsement on the booking slip which was issued earlier at the time of booking. Complainant tried his best to recover the amount of Rs5,000/-by knocking the door of the op time and again. Complainant tried to solve the issue through mediation process of the Asst. Director, Consumer Affairs & Fair Business Practices, Govt. of West Bengal. But all such attempts were in vain.
On the basis of the circumstance of the case and the evidences on record in favour of the complainant and since no challenge has been made by the o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. There was gross deficiency in service on the part of the o.p. and the complainant is entitled to get relief. Thus the case is disposed of accordingly. .
Hence, ordered.
That the case no.125/2018 is allowed ex parte with cost against the o.p. The o.p. is directed to pay a sum of Rs.5,000/-(Rupees Five Thousand) only to the complainant along with compensation of Rs.1,000/- (Rupees one Thousand) only for harassment and mental agony and litigation cost of Rs.2,000/-(Rupees Two Thousand) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
