FERN AN ECOTEL HOTEL Vs. NAVRATAN NAHATA

JUDGEMENT

(1.) The instant Appeal was preferred by the Appellant/Opposite Party (The Fern-an-Ecotel Hotel) under Sec. 19 of the Consumer Protection Act, 1986 against the impugned Order dtd. 23/9/2013, passed by the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (hereinafter referred to as the "State Commission"), whereby the Complaint was allowed and the Appellant was directed to pay a compensation.

(2.) Brief facts are that the marriage of Ms. Priyanka Nahata, the daughter of Mr. Navratan Nahta- the Complainant No. 1, was fixed on 24/2/2012. Therefore, about 6 months in advance, 25 rooms were booked by the Complainants for stay of the marriage guests, in 'The Fern-An Ecotel Hotel' - Opposite party (herein after referred to as "the hotel"). It was booked for three days from 23/2/2012 to 25/2/2012 at the rate of Rs.2,500.00 per day. An initial booking amount of Rs.25,000.00 was deposited with the Opposite Party on 7/7/2011. However, after the span of about 4 1/2 months (4 months & 21 days) of booking, the Hotel sent an e-mail to the Complainant on 29/11/2011 about cancelling the said booking on the ground of non-availability of rooms till 31/3/2012 because of maintenance work. It was alleged that the reason of maintenance stated by the Opposite Party was completely false and malafide, though the hotel booking was open on the website during the said period. The booking was cancelled with a bad intention to get more tariff at Rs.10,888.00per day. Due to sudden cancellation of booking, the Complainants were compelled to book rooms at a higher tariff in Om Tower- the three star Hotel. Aggrieved by the deficiency in service, the conduct and negligent act of the Opposite party, the Consumer Complaint was filed before the State Commission, praying for a compensation of Rs.23,45,500.00 for damages and mental agony.

(3.) The Appellant filed its written version and stated that the claim of the Complainants for Rs.23,45,000.00 was highly inflated, without any basis. The Complainants were in need of 75 rooms whereas only 25 rooms were available in the Opposite Party - Hotel. Therefore, the Complainants were in search of some hotel near to their residence. Therefore, a tentative booking by depositing Rs.25,000.00 was made and the balance 80% amount was to be paid within 2-3 weeks. The Opposite Party informed the condition that the booking would be confirmed only after remitting 80% of balance amount and subject to completion of maintenance work, flooring of the rooms. The Complainant did not pay 80% of balance amount within 2-3 weeks and since the maintenance work was not completed, an e-mail dtd. 29/11/2011 was sent to the Complainants and expressed their inability to provide rooms and offered refund of their advance booking amount of Rs.25,000.00. The bank details were asked for remittance of the refund, but the Complainants neither replied nor raised any objection to the e-mail. The cheque for refund was also prepared by Opposite Party.