Chandigarh

DF-I

CC/114/2022

Anupam Mor - Complainant(s)

Versus

General Manager (Maintenance) JW Marriot Hotel - Opp.Party(s)

Robin Singh Hooda

01 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/114/2022
Date of Institution	:	24/01/2022
Date of Decision	:	01/08/2023

 

Anupam Mor daughter of Sh. Surender Mor, resident of House No.45, Sector 33A, Chandigarh.

… Complainant

V E R S U S

1. General Manager (Maintenance), JW Marriot Hotel, Marriott International, INC, Plot No.6, Dakshin Marg, Sector 35-B, Chandigarh 160020.
2. General Manager (Operational) JW Marriot Hotel, Marriott International, INC, Plot No.6, Dakshin Marg, Sector 35-B, Chandigarh 160020.
3. Mohit Khanna, Director of Finance, JW Marriot Hotel, Plot No.6, Dakshin Marg, Sector 35-B, Chandigarh 160020.
4. Pawan Kumar, Front Desk Manager, JW Marriot Hotel, Plot No.6, Dakshin Marg, Sector 35-B, Chandigarh 160020.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

                                       

ARGUED BY	:	Sh. Robin Singh Hooda, Counsel for complainant
	:	Sh. Ajay Pal Singh, Counsel for OPs (OPs already ex-parte)

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Ms.Anupam Mor, complainant against the aforesaid opposite parties (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the complainant had made reservation vide reference No.2623761712 through booking.com w.e.f. 28.10.2021 to 5.11.2021 with the OP hotel by paying an amount of ₹77,000/- in total.  As per the cancellation policy provided by the agent of the booking.com, complainant cancelled the reservation on 28.10.2021 and as per the said policy, a sum of ₹7,000/- ought to have been deducted and rest of the amount was to be refunded to her.  After 28.10.2021, complainant requested the OPs through various emails and correspondence to refund the aforesaid amount, but, the same was not refunded by them. Lastly on 13.1.2022, through Whatsapp conversation, OPs had asked the complainant to give bank details and even after providing the same, OPs had not processed the refund. On 14.1.2022 (Annexure C-1), complainant again requested OP-3 through Whatsapp to refund the amount, but, nothing was done. The cancellation policy was advertised by the OPs through Annexure C-2. In this manner, the complainant has been harassed by the OPs as a result of which she was compelled to send a legal notice dated 13.1.2022 (Annexure C-3) to the OPs.  In this manner, the OPs have not refunded the aforesaid amount of ₹77,000/- to the complainant making further clear that they have cheated her and the said act amounts to deficiency in service and unfair trade practice on their part which has caused harassment to the complainant. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs were properly served and when none turned up on their behalf before this Commission, despite proper service, they were proceeded against ex-parte vide order dated 21.7.2022.

2. In order to prove her case, complainant has tendered/ proved evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that the aforesaid booking was made by the complainant and the same was got cancelled by her, the case is reduced to a narrow compass as it is to be determined if there is any deficiency in service on the part of the OPs for not refunding the amount claimed by the complainant and the complainant is entitled for the reliefs prayed for in the consumer complaint, as is the case of the complainant.
   2. Annexure C-2 is the copy of the Whatsapp message between the complainant and the OP which indicates that the complainant had requested the OPs on 29.10.2021 for the refund of the booking amount and the said message was duly received by the representative of the OPs.  It is the pleaded case of the complainant that she had sent a legal notice to the OPs on 13.1.2022 and finally requested to transfer the amount, as is also evident from the copy of legal notice (Annexure C-3).  As per the case of the complainant, OPs have not refunded to her the aforesaid amount after deduction of an approximate amount of ₹7,000/- i.e. the cancellation charges as a result of which the complainant was compelled to file the present consumer complaint.  However, the aforesaid allegations made by the complainant that the OPs have not initiated the requisite refund nor have refunded the same to her, till the filing of the instant consumer complaint, stands falsified from the statement of account (Annexure A-1), having been relied upon by the complainant pertaining to the account of her advocate, who had given details of his account to the OPs for refund of said amount, showing that an amount of ₹68,663/- had been refunded in his account on 21.1.2022 i.e. three days prior to the filing of the present consumer complaint, which fact has also not been disputed by the learned counsel for the complainant at the time of arguments.  Thus, one thing is clear on record that the complainant has concealed material facts from this Commission qua the refund of the booking amount, excluding the cancellation charges. Consequently, complainant is not entitled for any relief and it is safe to hold that there is no deficiency in service or unfair trade practice on the part of the OPs and the present consumer complaint deserves dismissal.
4. In the light of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
5. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 01/08/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Suresh Kumar Sardana] Member