ORDER NO. 2 DT. 22.4.10

HON'BLE JUSTICE MR. A.CHAKRABARTI, PRESIDENT

Mr. H.Brahmachari, Ld. Advocate for the Appellant, is present.  Respondent is present in person.  The application has been filed for condonation of delay.  Though the delay is of a short period, but the explanations are having gaps.  In any way, in the interest of justice and considering the fact that the delay is of a very short period we condone the delay and allow the application.

The delay being condoned we take up the matter of admissibility of the Appeal.  Heard the Ld. Advocate.  Perused the Memo of Appeal and the impugned judgement.  Considered.  Let the Appeal be admitted and registered.  Since the Respondent has already entered appearance, no notice need be served upon him.  The parties agree for disposal of the Appeal on merit at this stage.  We have heard argument of the Ld. Advocate for the Appellant as also the Respondent appearing in person.

We have considered the facts available on record and we find that the Forum has made correct appreciation of the facts and we also find from the record that the Appellant issued a receipt showing a booking in "Hotel Beach Inn" by their Receipt No. 890 at Annexure-B to the Appeal papers.  The subsequent receipt at Annexure-C also mentions "Beach Inn" but the word 'Hotel' has been omitted.  The complaint has been filed stating that after arriving at Vishakhatattanam the complainant found that there was no existence of any such hotel.  The only contention of the Appellant is that there is a guest house named "Beach Inn".  But from the receipts and other materials we are convinced that the complainant was not given the idea that booking was made in a guest house and not in a hotel.  In the circumstances, we do not find any ground for interference with the impugned order and the Appeal is, therefore, dismissed.