IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.
CONSUMER CASE NO. : 160/S/2014. DATED : 29.04.2016.
BEFORE PRESIDENT : SRI BISWANATH DE,
President, D.C.D.R.F., Siliguri.
MEMBER : SMT. PRATITI BHATTACHARYYA.
COMPLAINANT : SRI AJOY GOPAL REJ,
INDUSTRIAL TRAINING INSTITUTE,
2ND MILE, SEVOKE ROAD, SILIGURI,
P.S. - BHAKTINAGAR, DIST. - JALPAIGURI
O.P. : WEST BENGAL STATE FISHERMENS
CO-OPERATIVE FEDERATION LTD.
(BENFISH), ZONAL OFFICE,
M-3, HOUSING COMPLEX,
HILL CART ROAD,
P.O. & P.S. - PRADHANNAGAR,
SILIGURI, DIST-DARJEELING.
FOR THE COMPLAINANT : Self.
FOR THE OP : Sri P. D. Dalmia, advocate.
J U D G E M E N T
Sri Biswanath De, Ld. President.
The complainant’s case in brief is that he booked a double bedded A/c room for three days on 06.12.2013, and along with others of his family, he was accommodated at the OP’s tourist lodge at Darjeeling, and he incurred total expenses of Rs.20,505/- on that occasion.
The complainant claims that he was not provided the required facilities at the tourist lodge, and he approached the office of the Assistant Director, CA & FBP, Siliguri R.O. for redress, and though the OP appeared, and assured the complainant that he would be provided with free booking for three days, but an amicable settlement could not be reached, since the OP did not agree to provide the train fare and the car fare as demanded by the complainant. Accordingly, the complainant filed this case praying for refund of the said sum of Rs.20,505/-, and he prays for some other reliefs as well.
The OP files written version denying inter-alia all the material allegations raised by the complainant. It is denied that there was insufficient water supply, insufficient lighting and that the allegation regarding dirty conditions
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of the hotel room and bed sheet is not proved. It is stated that BENFISH has extended his business in hospitality industry as such staffs of hospitality, industry are well trained to give facilities to the guests to deliver best services. The allegations of the complainant are baseless and the same may be dismissed.
To prove the case the complainant did not file any document to show that he took the room. But one Xerox copy of receipt dated 06.12.2013 and 31.12.2013 are seen in the record appears to have been issued by State Bengal State Fisherman’s Cooperative Federation Ltd. (BENFISH). There is no whisper regarding the counterpart of this document.
The complainant has filed evidence-in-chief.
Points for decision
1. Did the complainant reserve the room of the OP for tour ? If so, when and how the tour has been conducted ?
2. Is there any deficiency in service on the part of the OP ?
Decision with reason
Complainant has stated that he booked one double bedded A/C room @ Rs.500/- per day for three days i.e., Rs.1,500/- together with Service tax @ 10% i.e., Rs.150/- in total Rs.1,650/- on 06.12.2013 (Annexure-A). But in support of his contentions he did not any single scrap of documentary evidence before this Forum to prove that he spent one night in the OP’s establishment. Accordingly, the allegation of insufficient light, bed cover, insufficient water supply and other amenities are not proved by the complainant. There is no evidence to establish that he took the tour from his said place to the place of OP. So, we are not in a position to make conclusion that complainant has succeeded to prove this claim against the OP regarding deficiency of service.
Hence, it is
O R D E R E D
that the Consumer Case No.160/S/2014 is dismissed on contest against the OPs but without cost.
Let copies of this order be supplied to the parties free of cost.
-Member- -President-
