Delhi

New Delhi

CC/352/2014

Rajeev Samanta - Complainant(s)

Versus

M/S. Kumaon Mandal Vikas Nigam - Opp.Party(s)

18 Jul 2019

ORDER

 

               CONSUMER DISPUTES REDRESSAL FORUM-VI

      (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

      VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

 

CC. No./352/2014                                                                                    Dated:

 In the matter of:-

1. Rajeev Samanta
2. Mrs. Kamala Samanta (Senior Citizen)
3. Mr. Dina Bandhu Samanta (Senior Citizen)
4. Mrs. Nidhi Samanta
5. Ms. Mrinmayee Samanta
6. Ms. Tiana Samanta

Complainant No. 5 and 6 (minors)

Represented through their father Mr. Rajeev Samanta-

Complainant No. 1 to 6 residingat C 404Anushandahan Apartment,

Sector, Sector- 6 Dwarka, New Delhi

7. Mrs. Rupali Samanta Ghosh
8. Mr. Shantanu Ghost

Complainant No. 7, 8 residing at 215, Technology Apartment,

24 IP Extension, Patparganj

Delhi – 110092

9. Mr. S.P. Kundu
10. Mrs. Mitali Kundu
11. Mr. Yudhajit Kundu ( Minor- represented through Complainant -10)
12. Mr. Sidharth Kundu

Complainant No. 9 to 12 residingat 123, Punjabi Bagh Apartments,

DDA SFS Flats Madipur, New Delhi 110063

13. Mr. Sailesh Bose
14. Mrs. Chaitali Bose

Complainant No. 13 and 14 residing at 118,

Dharam Kunj Apartment, Sector -9, Rohini, New Delhi- 110085                      …..Complainants

Versus

 

Kumaon Mandal Vikas Nigam Ltd.

103, Indra Prakash Building, 21,

Barakhamba Road, New Delhi- 110001

Through officer in Charge/Manager                                                                             .…… Opposite Party

                                           

 

            H.M. VYAS – MEMBER

                                                                        ORDER

The gist of the complaint is that the complainants opted for a trip of the OP to Jim Corbett National Park where the OP booked hotel accommodation for the complainant. It was informed by the OP that there a new location had come up near Jim Corbett National Park at Dhaila and Mohaan having modern facilities and the complainants can avail the comfort of AC rooms , good food etc.  The complainants booked their stay at the Tourists Rest Houses at Dhaila and Mohaan through booking  office and paid a sum of Rs. 11,400/-. Including service tax of Rs. 384/-. Again on 12.06.2012 the OP charged  service Tax of Rs. 1038, though Rs. 384/- stood paid along with Room rent. The complainants reached Dhaila Rest houses around 3 PM as 12.06.2012.  It was noticed that  the tourists Rest houses did not have even the basic facility of the electricity and water and were just contrary to the OP’s representation.  The complainants were given Delux rooms bearing no. 202,203,205,206,207,208.  There was informed by the staff of the rest houses that the electricity and the Generator backup will not just enough to run the fans of six rooms and so requested to accommodate themselves in one room.  The complainants had paid a sum of Rs. 19,00/- for each AC Delux room but for the complete day, there was no provision of electricity  or the assured facilities.  The complainants were even made to take their dinner in Candle light in the absence of electricity.  It is further alleged that the  interconnected path between  the rooms was devoid of light and therefore, the access between the rooms  was very cumbersome and inconvenient. The complaints made payment of Rs. 11,400/- for six rooms and Rs. 1,744/- for food and packaged drinking water.  It is also alleged that OP at Rest house charged more than the MRP printed for the packaged drinking water.  The receipts of the payments have been filed.  After their one day stay at Dhaila  the complainants checked out and proceeded to the tourists rest house at Mohaan.  There too,  the conditions was shabby and the rooms were bad conditioned.  There was no electricity, no water in the bath rooms  and even the drinking water was not available  in the rooms as is generally provided.  The complainants were allocated Delux AC rooms 1,2,5,6,7,8  and were charged Rs. 24,600/- i.e. @ of Rs.2200 per room per day.  No AC was run in any  so called Delux-AC room.

The complainants during two days of stay sub standard food was  served  to the complainants. The Bisleri/ kinley water purchased by the complainant was charged at Rs. 25 per bottle for which the OP’s staff did not issue the receipts.  Having faced scorching heat at both places on account of OP’s deficiency in service, the complainant is further alleged that the OP’s did charge extra amount towards service tax though already  paid.  Following Prayer has been made:-

1. Direct the Opposite Party to refund the amount of Rs. 73,239/- )Rupees Seventy Three Thousand  and Two Hundred Thirty Nine only) along with interest @20 % from the date of deposit till the date of payment.
2. Direct the  Opposite Party to pay the Complaints compensation of Rs. 20,000/- (Rupees Twenty Thousand only) each amounting to Rs. 20,000/- * 15 Complainants = Rs. 3,00,000/- for the continuous harassment and mental agony suffered because of the unfair trade practice, deficiency of service and malpractice of the Opposite Party.
3. Direct the Opposite Party to pay to the complainants a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) towards cost and legal expenses for filing and pursuing  this complaint.
4. Direct the Opposite Party to pay the interest pendent-lite and
5. May pass any other  or further orders as this Hon’ble  Commissionmay deem fit and proper in the interest of justice.

The OP filed reply after notice denying all allegations.  It is stated that the rest houses for fully electrified and some complaint was however made by the other tourists on 12.06.2012 regarding the AC’s malfunctioning electricity etc. The OP denied the allegations of the complainant  and that there was no electricity or water.  OP also denied supply of sub-standard food to complainants. It has been stated that  the charges were lured as per their rules. It has been stated that in case of exigencies the generator facility to provide  electricity in rooms was provided. The OP has also placed on record the copy of menu card, and also the copy of the remarks given by the tourists during their visit to the rest houses at Dhaila as well as Mohaan.

The complainant filed rejoinder to the written statement of the OP and evidence by way of affidavit.  OP also filed respective affidavit affirming  the contentions made in the reply.  The complainant  as well as the OP filed their written submissions. Both the parties also addressed oral arguments.

We have perused  the record before us and considered the submissions made by the parties with relevant provisions of law.

The entire case rests on mainly 3 issues as per the allegations made by the complainant mainly the deficiency in service which include none facility of electricity, water and supply of sub-standard foods to the complainant during their visit at both the rests houses.  The other issue is charging  of price more than the MRP printed on the packaged water.  The other issue highlighted  and vehemently argued  that is  OP charged  service tax again though it was earlier paid as is evident from the copy of receipts filed by the complainant.

As per the OP is own reliance on the documents filed by him.  The remarks dated 28.05.2012 there is mentioned by some other tourists that

“ It is a nice place however, without improvement in room facilities, one is not comfortable requires immediate  after him.

1. Air conditioner below capacity and therefore, throughout night temperature of the room was between 30 degree to 36 degree celcius.
2.  Intercom is not working – even towels and soap  were provided  only on  the next day morning.
3. TV – sky  TV was not working due to recharge.”

The remarks dated 12.06.2012 there is mentioned that

“ I have visited this Guest house twice.  It is excellent place with the good hospitality infrastructure.  All staff member are very polite and hospitable. I have one problem that there are frequent power shut down and during these your Gen Set is not able to RUN and AC’s  do not work. Please rectify this problem.”

            Further, the copy of menu placed on record shows the cost of packaged water as Rs. 25/- in the year 2012 which is apparently more than the MRP.  These two facts which are admittedly emerging from the documents filed by the OP clearly and crystally demonstrate deficiency in service as well as adopting  unfair trade practice on the part of OP.

            As regards the supply of sub-standard food, the same has not been substantiated  by the complainant.  However, the complainant has placed a copy of complaint given on 12.06.2012 about the AC and not regarding the sub- standard supply of food.

In view of above undisputed facts, we hold  the OP to be deficient in service and also for adopting unfair trade practice. The tour though was availed by the complainant yet the same in such conditions cannot be said to be enjoyable.  The   Hon’ble National Commission in the case  of C Venu Prasad while General Manager (operation Premier Venyl Flooring Ltd V/s M/s Narang International Hotel Private Ltd reported as 2012(4) CPR 546 ( NC) noticing the frequent breakdown of power supply to be deficiency held the respondent OP accordingly. In the light of above facts and legal discussions. We hold the OP to be deficient in service and adopting unfair trade practice.  We direct as under:-

1. OP to pay a sum of Rs. 5,000/-  each to the complainants ( Total Rs. 42,000/-) for deficiency in service.
2. OP to pay a sum of Rs. 10,000- for adopting  unfair trade practice by charging  more than the MRP of the packaged water bottle  as exemplary cost.
3. Compensation of Rs. 20,000/- and litigation cost of Rs. 5,000/-.

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

    Pronounced in open Forum on  18/07/2019   

                                                (ARUN KUMAR ARYA)

                                                           PRESIDENT

(NIPUR CHANDNA)                                                                                   (H M VYAS)

      MEMBER                                                                                                MEMBER