Heard learned counsel for both the parties.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant is that the complainant is that the complainant has booked 3 to 5 rooms on 5th December,2014 and 6 to 8 rooms on 6th December,2014 for occupation of his guests in Blue Lagoon hotel of OP at Cuttack. It is alleged inter-alia that he has paid advance of Rs.5000/- to OP through internet banking. Accordingly the marriage invitation card of the son of the complainant was distributed. The OP has received advance of Rs.5,000/- confirmed same through e.mail dtd.12.11.2014. It is alleged that on 04.12.2014 the complainant visited the hotel Blue Lagoon of OP to see the preparation but OP No.2 informed the complainant that only two rooms could be spend to him for accommodation of his guest and refused to provide more rooms. It was protested by the daughter of complainant. Inspite of protest the things did not improve and the complainant and his family members had undergone mental hardship and mental harassment due to deficiency in service of OP and unfair trade practice adopted by the OP. So, the complaint was filed.
4. The OPs filed written version stating that the complaint is not maintainable and there is no cause of action to file the case. The case is filed due to mis-joinder of necessary party. It is also stated that OP No.1 is a hostel which has no legal existence and as such the relationship between the consumer and service provider does never exists. It is specific plea of the OP that there was confirmation of the book of rooms by the complainant for two days but more number of rooms as claimed by the complainant was not confirmed. Since, ti is a small hotel there was no possibility of fulfilling the bill of the complainant.However, there is no deficiency in service or unfair trade practice by the Ops.
5. After hearing from both the parties, learned District Forum passed the following order:-
Xxx xxx xxx
“ The case be and the same is allowed on contest against the Ops. They are directed to refund advance amount of Rs.5000/- received from the complainant and to pay compensation of Rs.50,000/- to him together with Rs.10,000/- towards cost of litigation.
In the fact and circumstances of this case, the prayer of the complainant for cost on each adjustment to be awarded to him is not acceptable. This order shall take effect within a period of 30 days from the date of receipt of this order.”
6. Learned counsel for the appellant submitted that learned District Forum has committed error by not considering the case properly. According to him the confirmation for two rooms the question of allotting more rooms does not arise. Learned District Forum ought to have considered this aspect but failed to do so. He further submitted that the matter is very simple but the compensation amount has been passed exorbitantly without any evidence on record. So, submitted to set-aside the impugned order by allowing the appeal.
7. Learned counsel for the respondent submitted that there are documents of booking of the rooms as asked in the complaint and same has been already confirmed by the Ops. When just before the message, less number of rooms is confirmed, the complainant and his family members undergoing mental agony and harassment. So, he submitted to affirm the impugned order.
8. Considered the submission of learned counsel for respective parties, perused the DFR and impugned order.
9. It is settled in law that the complainant has to prove the deficiency in service and unfair trade practice on the part of the OP. It is admitted fact that the complainant has book the rooms in the hotel of OP. it is not in dispute that the complainant has paid Rs.5000/- while booked the rooms. Not only but also the copy of the e.mail dtd.12.11.2014 shows in the following manner:-
“ Per the discussion with Mr. Narsinghapati, We(Mr.OM Prakash Kandol & Family) have requested for advance booking of 3-5 rooms on 5th Dec.2014 and 6-8 rooms on 6th Dec.2014. The request is for Delux double bed room. The cost we have agreed upon is Rs.1600/- per night which would include tea/coffee/complimentary drink and it will exclude breakfast.
We have transferred Rs.5000/- from Sivakasi Axis bank to your requested account A/C name: City Trade Arcade Pvt.Ltd.(# 911020000499740).
Request you to please acknowledge the payment and your confirmation on the cost and the rooms we have agreed upon.
Appreciate all your help.”
Vide annexure-2 and it appears that on 14.11.2014 a confirmation message was also sent by the OP in the following manner:-
“ Dear Sir,
Your behavior towards the customer has been very unprofessional. We confirmed the booking 3 weeks back and every time we were told that, the booking is confirmed and nothing to worry about and you had confirmed the same as well through our email on Nov.14th. This morning, when my Uncle had visited the hotel- you backed out saying, there has been a mistake and you can provide only 2 rooms instead of 5 on 5th Dec.2014 and no additional room on 6th Dec.2014.
This is totally not acceptable. We have guest coming early in the morning on 6th Dec.2014 and you are not able to confirm the booking that we made 3 weeks back at the last minute. My father and uncle visited your hotel few hours to sort this out, and Mr. Narsingapati did not respond and after 15 mins wait, he came back saying he can n’t help the situation. After sometime Mr.Jeeva attended my dad and uncle and he did not keep the promise as well – he started saying, he can provide only 2 rooms and may be able to give guest house(which does not have security and other facilities). We are in very bad shape with no choice on what needs to be done to accommodate all our guests who are arriving tomorrow early morning for the wedding event.
This is totally a mental torture and a lot of hassie in the wedding home, with so many things happening around. Any loss we go through regarding this, you would be liable for it.
I would request you to please provide some clarity and let us know your action plan to fix this. Please revert back in 30 mins with your solution points.
10. The Annexure-4 the e.mail from the daughter of complainant is clear to show that while she visited to hotel on 04.12.2014 she only came to know that two rooms instead of five rooms for 5th December,2014 and 8th December,2014 is available. In view of the Annexures 2,3 & 4 it appears that the complainant has proved his part of the fact that the books of the 4 to 6 rooms on 5th December,2014 and 6 to 8 rooms on 6th December,2014 was confirmed but two rooms were only available just after the date of marriage ceremony . In view of the confirmation message the OP is bound to honour the booking of complainant has not filed a single scrap of paper to prove their case. Since, the OP after booking confirming of the booking has only able to provide two rooms without same being informed much before the marriage ceremony, same amounts to unfair trade practice as available in the provision of the Act. Moreover, since OP has not honoured the booking it amounts to deficiency in service on the part of the OP. It may not be out of place to mention that the complainant has already paid Rs.5000/- in advance to the OP and as such he has purchased the service of OP. Be that as it may the complainant has proved the deficiency in service and unfair trade practice on the part of the OP.
11. In view of above discussion, this Commission confirmed the finding of the learned District Forum but at the same time found that the impugned order is silent about the basis for computing the amount of compensation. Annexure-4 is clear to show the mental agony of complainant and his family members. However, considering all such aspects the compensation amount as ordered by the learned District Forum is reduced to Rs.35,000/- and as such the OP is directed to pay Rs.35,000/- towards compensation alongwith all other amount as ordered by the learned District Forum to the complainant within 45 days,failing which entire amount would carry interest @ 12 % from the date of impugned order till date of payment.
Appeal stands dismissed. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
