Haryana

Panchkula

CC/159/2018

ANIL KUMAR GARG - Complainant(s)

Versus

HOTEL SWARAN PALACE - Opp.Party(s)

DINESH GOEL

15 Jan 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

Anil Kumar Garg, Resident of H. No.1004, Sector 9, Panchkula, Mob:94170-72887.

                                                                                ….Complainant

Versus

1. Hotel Swaran Palace, 11, Kandaghat, Chail Kufri Road, Chail (H.P.) through its Proprietor (Owner) Email:- OYO Rooms, Oravel Stays Private Ltd., 325, Spaze Tech Park, Tower-B, Sohna Road, Gurgaon (Haryana)-122001 through its Proprietor /Managing Director email:

….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

Before:              Mr.Satpal, President.

Mr.Jagmohan Singh, Member.

Ms. Ruby Sharma, Member.

For the Parties:   Complainant in person. 

                        Ops are already ex-parte vide order dated 13.11.2018.

ORDER

(Satpal, President)

1.     The brief facts of the present complaint as alleged are that the complainant booked 4 rooms Classic (2X) of OP No.1 [(Hotel Swaran Palace, Chail (H.P.)] for 28^th June to 29^th June, 2018 through OYO Apps vide Booking No.SEXU9560 at OYO 10432. The complainant paid Rs.4400/- as advance amount towards the booking of rooms through paytm at 11.24 A.M. on 27^th June, 2018 to OYO Group who at the time of booking the rooms promised complainant that if the booking of the rooms is cancelled due to any change in program of complainant or due to any reason, the advance booking amount shall be refunded. Due to personal difficulty to reach Chail on 28.06.2018, complainant had to cancel the booking of 4 rooms. Before the cancellation of booking of rooms, complainant contacted OYO Group and Hotel Swaran Palace, Chail regarding cancellation of the rooms. At the time of cancellation of booking of 4 rooms (2X), both the Ops promised complainant that the advance booking amount towards the booking of rooms shall be refunded to complainant within 24 hours in his bank account. The website of OYO and Hotel Swaran Palace, Chail showed that if anybody cancel the booking of rooms due to any reason, advance booking amount shall be refunded within 24 hours of the cancellation of booking. The complainant got cancelled the booking of 4 rooms Classic (2X) booked for the period from 28^th to 29^th June, 2018 due to personal difficulty. OYO has confirmed the cancellation of 4 rooms Classic (2X) vide OYO whatsApp about 8.30 P.M. on 27^th June, 2018 and also confirmed the cancellation through whatsApp and through email on 27^th June, 2018 at 8.34 P.M. On 28^th June, 2018 OYO intimated complainant through his email that booking amount stands forfeited by the OYO. The complainant sent the email and message to Hotel Swaran Palace, Chail regarding the refund of the advance booking amount of Rs.4400/- but both the Ops have failed to refund the advance booking amount till date. Thereafter, on 01.07.2018, the complainant got issued registered and email legal notice upon the Ops.  The legal notice was sent on 02.07.2018. Track report dated 30.08.2018, taken from the website of Indian Postal Service, for confirmation of the legal notice showed that legal notice had been delivered to OP No.1 on 06.07.2018; this act and conduct of the Ops amounts to deficiency in service on their part; hence, this complaint.

2.     Notices were issued to the OPs No.1 and 2 through registered post on 06.10.2018 (vide registered post No.CH054775066IN to OP No.1 and registered post No.CH054774919IN to OP No.2), which were not received back either served or unserved despite the expiring of 30 days from the issuance of notices to OPs No.1 and 2; hence, it was deemed to be served and thus, due to non appearance of Ops No.1 and 2, they were proceeded ex-parte by this Forum vide its order dated 13.11.2018.

3.     To prove his case, the complainant has tendered affidavit as Annexure CA along with documents Annexure C-1 to C-6 in evidence and closed the evidence by making a separate statement.

4.     We have heard the complainant and gone through the entire record available on the file minutely and carefully.

        During arguments the ld. counsel for the complainant reiterated the facts and version as contained in the complaint, affidavit Annexure CA and documents Annexure C-1 to C-6 and prayed for acceptance of the complaint.

5.     It is evident that the complainant got reserved 4 rooms Classic (2X) in Hotel Swaran Palace, Chail (H.P.) (OP No.1) for 28^th June to 29^th June, 2018 and in this regard the booking amount of Rs.4400/- was paid by the complainant to Ops. However, the complainant requested the Ops for cancellation of the booking of 4 rooms vide email dated 27.06.2018 and accordingly the booking was cancelled by the Ops as is evident from the perusal of email dated 27.06.2018 Annexure C-1. The complainant has claimed the refund of his deposited amount on the ground that at the time of booking of 4 rooms, it was promised by the Ops that in case cancellation of booking of rooms due to any change of program of complainant or due to any reason, the advance booking amount shall be refunded. The Ops have declined the request of the complainant vide email dated 28.06.2018 Annexure C-2 stating that cancellation charges are Rs.5149/- and thus, no amount is liable to be refunded.

6.     Having perused the entire record available on the file, we find force and substance in the version of the complainant. The complainant made a request for the cancellation of the reservation of the rooms on 27.06.2018 i.e. one day prior to the day of booking. The Ops have declined the request of the complainant for the refund of deposited amount on the ground that the reservation/booking was already confirmed and complainant was liable to the levy of cancellation charges to the tune of Rs.5149/-. However, we do not find any documents containing terms and conditions vide which Ops could levy the cancellation charges to the tune of Rs.5149/-. In the absence of any such document entitling the Ops to charge cancellation charges to the tune of Rs.5149/- no reliance can be placed on the bald assertion of the Ops. 7. We have perused the email dated 28.06.2018 sent by Ops to the complainant and find that apologies were expressed to the complainant vide email dated 28.06.2018 at 12:01 PM Annexure C-3, but his grievances has not been redressed. The email dated 28.06.2018 Annexure C-3 is reproduced as under:-

“Chirag Pathak

Thank you for writing to us.

My apologies. We would like to inform you that we have forwarded your concern to the relevant team. They will do the needful.

For further queries, we request you to write us at

Regards,

Chirag

Team OYO/Representations

OYO (http:oyorooms.com)”  

Despite the assurance made by the Ops through above stated email Annexure C-3 grievances of the complainant were not redressed and even legal notice Annexure C-4 sent through Sh.Sanjeev Garg, Advocate on behalf of the complainant failed to evoke any response from the Ops. We have also seen that the said legal notice Annexure C-4 was duly delivered at the address of OP No.1 as is evident from the perusal of track record Annexure C-6. Further, we find specific and categorical version in Para No.2, 3 and 4 of the complainant stating that at the time of booking of rooms it was promised by the Ops that in case of cancellation of the rooms due to any change or due to any reason, the advance booking charges shall be refunded. The version of the complainant is supported by his affidavit Annexure CA along with documents Annexure C-1 to C-3. On the other hand, we find that the Ops have not adduced any evidence controverting the version of the complainant. The Ops have preferred not to contest the present complaint and thus, we have unrebutted and uncontroverted version of the complainant which is duly supported by affidavit Annexure CA and documents Annexure C-1 to C-6. It would not be out of place to mention here that Ops have not adduced any evidence on record showing that the booked rooms remained vacant due to the cancellation of rooms by the complainant. In the absence of any such record we may safely presume that the Ops had utilized the said rooms by providing the same to any other customer after obtaining the requisite charges.

        In view of the above stated facts, we have no hesitation to conclude that there has been lapse and deficiency on the part of the Ops while delivering services to the complainant; hence, the complainant is entitled to relief.

8.     As a sequel to the above discussion, we partly allow the present complaint with the following directions:-

1. That the Ops shall refund the amount of Rs.4400/- i.e. advance booking charges to the complainant without any interest.
2. The Ops shall pay lump sum amount of Rs.1100/-(Eleven hundred only) to the complainant on account of mental agony, harassment and cost of litigation charges.

9.     The OPs shall comply with the directions/order within a period of 30 days from the date of communication of copy of this order to OPs failing which the complainant shall be entitled to the interest of 7% per annum on the amount of Rs.4400/- w.e.f. from the date of this order till realization. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced

15.01.2019          RUBY SHARMA      JAGMOHAN SINGH      SATPAL

                           MEMBER              MEMBER               PRESIDENT

Note: Each and every page of this order has been duly signed by me.

                                         SATPAL

                                         PRESIDENT