The Fern- an- Ecotel Hotel v. Navratan Nahta and another

 


CASE COMMENT

The Fern- an- Ecotel Hotel v. Navratan Nahta and another, 2012

 

Equitable citations:

Bench: Justice R.K. Agrawal

 

PETITIONER:

“THE FERN- AN- ECOTEL HOTEL”

V.

RESPONDENT:

“NAVRATAN NAHTA AND ANOTHER”

 

DATE OF JUDGEMENT: 21 January, 2022

BENCH: Justice R.K. Agrawal; President: Hon’ble Dr. S.M. Kantikar

 

INTRODUCTION

Consumer Disputes Redressal Commissions are set- up to resolve any dispute arises in the context  of consumer rights or unfair trade practices etc. there are State Disputes Redressal Commissions, decision  of which, if are unable to satisfy the parties; they approach to the National Disputes Redressal Commission. In the case of Ecotel Hotel too, the case was first fought in the State Commission but when the defendant found the judgement wrong, he apealled the case in National Commission as petitioner.

 

 

ISSUES

1.     Cancelling the rooms booked 3 months prior on account of maintenance is a valid reason?

2.     Weather the court was right in giving orders for such an huge compensation?

3.     Weather the state commission was right in allowing the complaint of Mr. Nahata as they were informed earlier by the hotel that the booking could be cancelled?

FACTS OF THE CASE

The facts of case in brief giving rise to appeal are that complainant respondents filed an Original Complaint before Rajasthan State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (hereinafter referred to as Hon'ble State Commission) in opening of year, 2012 against present appellant non complainant. The Complainant-respondents along with complaint accompanied copies of entire documents to substantiate all their vague, baseless and false allegations so as to make out a case for claim of compensation misguiding Hon'ble State Commission. The Complainant-respondents pleaded in the Original Complaint that the respondent Institution exposes itself the first five star Ecotel hotel in Rajasthan and invites general public to stay in hotel, arrange functions etc on payment of fee. The non-complainant ceremonies of marriage from 23.2.2012 to 25.2.2012. The hotel administration also stated that due to there being tourists season from October to March, on depositing booking amount now, booking shall be confirmed, and in future due to tourist season they shall have not face difficulty of non-availability of accommodation. On such assurance of non-complainant, the complainants calling on representative of his relative got the hostel inspected and ultimately through his son complainant No. 2 and friend Raj Kumar Bafna deposited Rs. 25,000/ with non complainant. The complainant became ensured that they shall get the said hotel for stay of marriage party and functions of marriage, which was also approved by the representative of his relative. Under booking 25 rooms @ Rs. 25,000/- per room per day were booked. They had to get booked three star hotel Om Towers, Jaipur which is situated at a distance of 10-12 km away from the hotel booked by the respondent earlier and in that three star hotel too, complainants had to pay Rs. 2886/- per room per day. At the time of booking the non-complainant agreed to provide two rooms and one suit complementary without charges, in addition to it gave 20% discount in dinner, two mineral water bottles free in each rooms, both time breakfast complimentary and lunch and dinner in Banquet hall and non-veg diet also. In addition to it loan and other available places in the hotel were also provided free of charge for marriage purpose. Whereas all those facilities were not available in said hotel as a result of which, complainants had to spend extra money and had to face huge difficulty for want of additional space and facility. Not only this, complainants with consent of groom side promised to provided stay facility to marriage party in five star hotel, could provide only three star hotel and it lowered down their prestige in society and amongst relatives and his daughter also had to face different types of taunting from parent-in-laws side for her no fault. The facility provided was not according to status of parent-in-laws of his daughter, which caused due to bad intention and unfair provides five star facility in furnished rooms, hall, conference hall, banquet hall etc to passengers for staying and arranging wedding and other functions on one time and on installments for payment of fee and thus, provide services to complainants and other public charging fee. The marriage of Priyanka; daughter of complainant No. 1 and sister of complainant No. 2 was scheduled to be solemnized on 24.2.2012. The complainants are from a well to do family, and the family where their daughter/sister is going to be married is also well to do. Every father and brother is always interested in spending more than own capacity or at least equal to the status of opposite side in marriage of daughter or sister as per Indian culture and religion. During this period in conversation between both the parties about marriage, it was settled that marriage party shall stay in five star hotel and complainants through their friend Raj Kumar Bafna in first week of July, 2011 visiting different five star hotels enquired and discussed with about facilities being provided there for stay of marriage party, passing it from there and for entire functions of marriage to be performed from side of bride properly. From the side of non-complainant its Sales and Marketing department opened entire halls, Banquet Hall, Lawn etc of hotel for inspection and assured that proper arrangement shall be made for stay of marriage party and for all Banquet hall dinner facility was assured to be provided. In addition to it, facility for loan, proper parking and to carrying on functions on other available space in the hotel was also provided. The complainants further pleaded in their complaint that having been without care towards booking of hotel, engaged in arranging other requirements and preparations. For the purpose of stay of their guests and relatives and family members and for other marriage works they also booked other rooms as per their need in Hotel Royal Orchid and Red Fox Hotel. About 4 months and 21 days after booking without any consultation with the complainants, the non illegal act, it tantamounts to deficiency in services of the non-complainant. it was also pleaded in the complaint that at the time of canceling the booking by the non-complainant did neither propose for providing other accommodation in lieu of the facility for which hotel was booked nor alternate arrangement was done which was essential. Booking amount is paid so that the person receiving the amount may not get back of its agreement. the appellant further averred in the written statement to the complaint that the complainant sent a E-Mail to Raj Kumar Bafna friend of complainant whereby the booking of hotel done from 23.2.2012 to 25.2.2012 was cancelled showing inability to provide the rooms. Arranging for marriage in five star hotel in Jaipur, booking had been done for such huge number of rooms several months prior to marriage, the complainant did it 6 months prior to marriage but prior to the date of marriage all of sudden receiving such information for cancellation of marriage without any reason tantamounts to deficiencies in services of non-complainant. The non-complainant informed through E-mail that their due to maintenance purpose their rooms and floors shall remain closed till 31.3.2012, was completely false and misguiding because there was neither any immediate reason for maintenance for such longer period nor any necessity nor in fact it was there. Because, they were booking the accommodations through internet, website and other sources for demand and such booking was being done on about Rs. 11,000/- per day basis.it was made clear that the reason for cancellation of booking was not at all maintenance rather canceling the booking of complainant they wanted to earn more profit by booking it to other people on higher cost. In such situation the different festivals, cultural  programs, fair, visits by tourists in huge quantity in suitable season the respondents publishing luring advertisements earn more profit and on other hand the complainants, their family members and relatives were put to huge loss specially when they booked the hotel 7 months prior to the date of marriage and such type of act in hotel services is shameful, unfair trade practice. Due to tourists season within 1 month and 7 days rooms were hardly available in five star hotels and the rooms, which were available they had to pay on much hire cost than the rooms booked in the hotel. Due to all these reasons the complainants booked the accommodation 7 months prior by depositing the booking amount.

CONTENTIONS

Arguments given by Petitioner

The complainants further made averments that on account of sudden cancellation of rooms the non-petitioner, they faced great by inconvenience and mental agony and they were subjected to face insult before the in-laws of the daughter. compelled to Hotel Om aforesaid book Tower act at and The rooms complainant's at a higher conduct of were three star tariff. The the hotel amounts to deficiency in service and hence, the complaint be allowed and an Rs.23, 45, 500/- be awarded as amount of compensation against the difference of tariff, which the non-petitioner earned by cancellation of the booking, for the facilities which the non petitioner promised to provide and for the mental agony.

Arguments given by Respondent

The non-petitioner in it's reply to the complaint stated that it is ready to refund the booking amount to the complainants. The advertisement for the availability of rooms during the impugned aforesaid period was given by the agents of the hotel. An amountof Rs.12000/ Bafna, who was deposited by Mr.Rajkumar is proceedings. The not entire a party amount to the of booking was only tentative and it was not rooms 80% are of final as finally booked after payment of the complainants tariff are not and hence, consumer. the The

 

complainants informed the that they were making efforts nearer non-petitioner to get rooms to their residence and in case the could not be managed elsewhere, then rooms they would go for the rooms with the non petitioner hotel. This is evident from the fact that the complainants booked 75 rooms with hotel-Om whereas the Tower as per non-petitioner their need, could provide only 25 rooms, which could not meet out the need of the complainants. The complainants are not beneficiary and the complaint is not maintainable and hence, the complaint be dismissed.

INFERENCE

We have heard the arguments of both the parties and carefully perused the record and evidence submitted by them. We are in agreement with the arguments of the learned counsel for the complainant that arrangements of marriages in India are not a man's assistance job of and it relatives requires help and and friends, etc. From the affidavit submitted by Mr.Rajkumar Bafna, friend it is evident that he is a family of the complainants and he also undertook arrangements for the marriage. For this purpose, if he deposited Rs. 12,000/- on behalf of the complainants, then there was nothing wrong in doing so. As Mr.Bafna deposited Rs.12,000/- as an advance money for the booking of 25 rooms for the marriage of daughter of complainant No.1, then the complainants are naturally the beneficiary of defendant.

CONCLUSION

The Ecotel Hotel case give an overview of our consumer rights. This case was faught by Adv. Devendra Mohan Mathur on the behalf of Ecotel Hotel, a specialized advocate in consumer rights. The case was first fought in the State Consumer Disputes Redressal Commission as the complainant,being the petitioner and Ecotel Hotel as the respondent. Dissatisfied with the judgment, the respondent took the case to the National Consumer Disputes Redressal Commission, as the petitioner.

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