- Sri Ashim Kumar Banerjee,
‘BENUBON’ Housing Complex,
93/2, Kankulia Road, Flat No-C-104,
P.S. Lake, Kolkata-29. _________ Complainant
____Versus____
- Mr. Sudip Roy, Proprietor of
Standard Tours and Travels,
Kola Villa, 2nd Floor, Opposite
Ramkrishna Mission, Golpark,
23/37, Gariahat Road, P.S. Lake, Kolkata-29. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 18 Dated 06-07-2015.
The case of the complainant in short is that in the month of July 2012 complainant contacted o.p. for booking of hotel accommodation at Puri, Odissa for visiting from 19.10.12 to 25.10.12. Relying upon the assurance of o.p. the complainant requested the o.p. for making arrangement of hotel near sea beach at Swargadar area in Puri and which was agreed by o.p. Complainant deposited Rs.8700/- to o.p. for the said arrangement under receipt dt.27.7.12. Complainant had annexed the hotel invoice as annex-A with the petition of complaint. It appears from the said invoice that complainant would be accommodated at Hotel Sadhana at Puri and complainant has also annexed a photocopy of the confirmation of the hotel booking dt.27.7.12 issued by o.p. wherefrom it also reveals that they have confirmed “Hotel Sadhana” situated at Marine Drive beside Puri Hotel from 19.10.12 to 25.10.12 and copy of the said confirmation has been annexed by complainant as annex-B with the petition of complaint.
Complainant further stated that on receiving the said confirmation from o.p., the complainant along with his ailing wife reached Puri in the morning of 19.10.12 and hired an auto from Puri station for reaching to their accommodation which has been confirmed by o.p. But reaching nearby complainant was surprised that nobody has any knowledge of Hotel Sadhana as has been confirmed by o.p. nearby Puri Hotel. Thereafter, complainant had to move around Marine Drive and adjoining area but the local people informed them that as a matter of fact there is no existence of the said Hotel Sadhana at Puri.
Complainant further stated that after such experience complainant contacted over phone to o.p. with a person of o.p. namely Sri Tarak Dey whose name and telephone number was supplied by o.p. to complainant. Sri Tarak Dey instructed the auto driver about the location of the said hotel and the auto driver took the complainant with his wife to different places of Puri but failed to locate the said hotel. Ultimately complainant stated that the auto driver took the complainant and his ailing wife to a remote place to Gacchhakali Lane and dropped them in front of a guest house namely Alka Guest House. Complainant stated that the said guest house is situated near slum area far from the sea beach at Puri.
Complainant further stated that he had to pay entire hotel charges for staying in Puri in other accommodation as stated above. Complainant stated that on returning Kolkata complainant issued a legal notice through his advocate dt.12.12.12 to o.p. elaborating the aforesaid situation faced by them at Puri simply because of fraudulent practice of o.p. The said letter has been annexed by complainant with the petition of complaint. Under such situation complainant filed the instant case with the prayers contained in the prayer portion of the petition of complaint.
O.p. appeared before this Forum by filing w/v and contested the case. When the matter has been listed for hearing o.p. took different dates on several grounds and prayed for adjournment and ultimately vide order no.15 dt.5.5.15 this Forum directed the o.p. to remain present on 11.6.15 for filing BNA and hearing of argument. But even then o.p. ignored the order and did not appear on 11.6.15. So, this Forum constrained to hear the complainant only for the ends of justice since o.p. took several adjournments at the stage when the matter has listed for final hearing. In their w/v o.p. alleged that complainant made a fabricated case against them and ultimately prayed for dismissal of the case. But o.p. did not file any document in favour of their contention as stated by them in the w/v filed against the complaint petition and in the w/v they have interalia prayed for dismissal of the case.
Decision with reasons:
Upon considering the submissions of the complainant and on perusal of the entire materials on record it appears that o.p. has confirmed the booking of the complainant at Puri in Hotel Sadhana upon receiving a consideration of Rs.8700/- for accommodation in the said hotel from 19.10.12 to 25.10.12 and complainant has substantiated his averment by filing photocopies of the said documents with the petition of complaint. Under such circumstances, this Forum holds that o.p. has definitely made deficiency of service to the complainant which has been stated in the foregoing paragraphs to its consumer after receiving consideration of Rs.8700/-/ and complainant has substantiated his case and is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.12,000/- (Rupees twelve thousand) only as compensation for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
