Haryana

Karnal

CC/34/2021

Shree Ram Agro India - Complainant(s)

Versus

The Vivaan Hotel & Resorts - Opp.Party(s)

Balvinder Singh

09 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                                CC No.34 of 2021

                                                                Date of instt. 18.01.2021

                                                                Date of Decision 09.06.2023

 

Shree Ram Agro India, Ist Floor, Plopt No.158-E, Sector-3, HSIIDC, Karnal -132001, through its partner Shri Satish Gupta.

                                                                …….Complainant

                                Versus

 

The Vivaan Hotel and Resorts, 134 K.M. Mile Stone, NH-1, Karnal, Tehsil and District Karnal, through its authorized signatory.

                                                                                                                                                                …..Opposite party.

 

Complaint under Section 35 of Consumer Protection Act, 2019. 

 

Before     Sh. Jaswant Singh…….…President    

Sh.Vineet Kaushik ………..Member

                  Dr. Rekha Chaudhary…….Member

 

Argued by: Shri Jagmal Singh Chauhan, counsel for complainant.

                     Shri Ashok Kapoor, counsel for the OP.

 

(Jaswant Singh President)

ORDER:  

 

                 The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is running the business of manufacturing and distribution of Pesticides under the name and style of Shree Ram Agro India and Shri Satish Gupta is one of the partner of the complainant firm and an authority letter has been issued in this regard and Satish Gupta is authorized to file and prosecute the present complaint. The complainant was to arrange conference in connection to its business and for that purpose, he contacted the OP for conference in their hotel to be held on 20.11.2020 to 23.11.2020 for about 50 guests. For that purpose, the deal was done for Rs.3,89,970/- including taxes. Complainant paid Rs.2,00,000/- in advance and a cheque for an amount of Rs.1,00,000/- as security. Vide e-mail dated 19.11.2020, the complainant informed the OP that due to health issue due to COVID-19, the guest arrival for next day conference is reduced and that the complainant expect a maximum 17-18 rooms occupancy and vide e-mail dated 21.11.2020, the complainant informed the OP that due to health issue due to COVID-19, the guest arrival for current day conference  is reduced and that the complainant expect a maximum 20 rooms occupancy. During the meeting, complainant found various types of carelessness on the part of OP and there was no covid precautions, poor food quality and tasteless food items and poor service. The complainant requested the management of the OP and brought attention of OP in this regard but no action was taken, rather they misbehaved with guests and officials of complainant and due to poor service, the guest of complainant were unhappy and feel insulted. Due to this, complainant forced to arrange programme in Prem Plaza Hotel, Railway Road, Karnal on 22.11.2020 and 23.11.2020 . Complainant requested the OP through e-mail dated 22.11.2020 and 23.11.2020 to provide bills for meeting held on 20.11.2020 and 21.11.2020 and also to return balance payment of complainant out of Rs.2,00,000/- and was also requested to return the security cheque but OP paid no heed to the request of complainant, rather extended threat to indulge the complainant in false cases and to present the security cheque in the bank. Till date, neither the OP provided the bills, not returned the balance amount and also not returned the security cheque to the complainant. Thus, the OP committed deficiency in service and unfair trade practice. Hence, prayed for allowing the complaint.

2.             On notice, OP appeared and filed its written version raising preliminary with regard to maintainability, cause of action, suppression of true and material facts, etc. On merits, it is submitted that complainant has enjoyed the complete booking, complete food as per schedule with best services and thereafter paid the complete bill on the lame excuses. The OP booked the total rooms as per order of the complainant and even left the booking for other clients/customers. The complainant has to pay the balance amount as per terms and conditions of the booking. The OP presented the cheque and the same was returned with the remarks “payment stopped by drawer”. The complainant is liable to pay the balance amount but he with dishonest intention has filed the present complaint with a view to grab the balance amount which is to be paid by the complainant to the OP. It is further submitted that the OP provided the best services, good food and followed the rules and regulations of COVID-19 and provided the best services to the complainant. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel or the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of e-mail regarding quotation of conference Ex.C1, copy of guest performa invoice Ex.C2, copy of e-mail regarding quotation of conference Ex.C3, copy of e-mail regarding conference dated 20 & 21.11.2020 Ex.C4, copy e-mail regarding misbehave Ex.C5, authority letter Ex.C6, copy of partnership deed Ex.C7, copy of e-mail regarding hotel booking for 21.11.2020 Ex.C8 and closed the evidence on 30.06.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Sameer Behl Ex.RW1/A, authority letter Ex.R-1, copy of certificate of incorporation Ex.R-2, copies of e-mails Ex.R3 and Ex.R4, copy of guest performa invoice Ex.R5, copies of e-mails Ex.R6 to Ex.R12, copy of security cheque Ex.R13, copy of return memo Ex.R14 closed the evidence on 25.05.2023 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that the complainant arranged a conference in the hotel of OP from 20.11.2020 to 23.11.2020 for about 50 guests but due to bad health of the guests due to COVID-19, the number of guests were reduced and intimation in this regard was given to OP and due to reducing of guest and knowing the fact that OP has to return the advance money to the complainant, the staff of the OP misbehaved with the guests of complainant, provided bad quality of food, and not followed the COVID-19 guidelines. Beside this, they misbehaved with the guests of the complainant. Due to this, complainant forced to arrange programme in Prem Plaza Hotel, Railway Road, Karnal on 22.11.2020 and 23.11.2020. Complainant requested the OP to provide bills for meet held on 20.11.2020 and 21.11.2020 and also to return balance payment of complainant out of Rs.2,00,000/- and was also requested to return the security cheque but OP paid no heed to the request of complainant, rather extended threat to indulge the complainant in false cases and to present the security cheque in the bank. Thus, the OP committed deficiency in service and unfair trade practice. Hence, prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that the complainant enjoyed the complete booking, complete food as per schedule with best services. The OP booked the total rooms as per order of the complainant and even left the booking for other clients/customers. The complainant has to pay the balance amount as per terms and conditions of the booking and OP presented the cheque and the same was returned with the remarks “payment stopped by drawer”. The complainant was liable to pay the balance amount but he with dishonest intention has filed the present complaint with a view to grab the balance amount which is to be paid by the complainant to the OP and prayed for dismissal of the complaint.

9.             Admittedly, the complainant booked the hotel of OP for conference from 20.11.2020 to 23.11.2020. It is also an admitted fact that the complainant paid Rs.2,00,000/- as advance payment and a security cheque for an amount of Rs.1,00,000/-.

10.            The complainant booked the hotel of OP for conference from 20.11.2020 to 23.11.2020 for 50 guests. As per the version of complainant, due to COVID-19 and illness of guests, his guests were reduced, due to that, the officials of the OP provided bad quality of food, tasteless food and misbehaved with the guests of the complainant and in the compelling circumstances, he has to book Prem Plaza Hotel for arranging conference of remaining two days.

 11.           The onus to prove his case was upon the complainant but the complainant has miserably failed to prove his case by leading cogent and convincing evidence. The complainant has not placed on record any photographs or videography to prove that the officials of the OP had not followed the guidelines and instructions of COVID-19 and also not adopted the precautions of COVID-19. Furthermore, the complainant had also not moved any complaint to the local authority with regard to the fact that the officials/staff of the OP had not complied the guidelines/ instructions of COVID-19 and not adopted the precautions of COVID-19. The complainant also failed to examine any of his guests, to prove the fact that the staff of the OP misbehaved with them and provided bad/tasteless food. The complainant and his guests had enjoyed two days in the said hotel and at that time, they had not complained to anybody. The complainant has relied upon the e-mail dated 22.11.2020, which has been sent to the OP after shifting in the new hotel i.e. Prem Plaza Hotel, Karnal.

12.            Furthermore, the plea taken by the complainant that the OP has not returned the remaining amount out of Rs.2,00,000/- is also having no force as the complainant ordered the food as well as rooms according to 50 guests and if the guests were reduced then it is not the fault of the OP. The OP has prepared the food according to the guests which the complainant has informed and booked the rooms according to the quantity as told by the complainant. The OP did not book the rooms for his other customers as it has already been booked by the complainant. The food prepared by the OP has become waste, as the guests of the complainant were reduced. Then in that case, the OP is not liable to refund the amount to the complainant and the complainant is not entitled for the same. 

13.            In view of the above discussion, the present complaint is devoid of merit and same deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 09.06.2023                                                                      

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

       

(Vineet Kaushik)       (Dr. Rekha Chaudhary)

             Member                          Member