| Address: | Bengaluru |
| Website: | www.tajhotels.com |
BEFORE THE DISTRICT CONSUMER COMMISSION REDRESSAL
AT BANGALORE
Complaint No: ________/2022
BETWEEN:
Mr. Deepak Rao
S/o
Aged about:
R/a: … Complainant
AND
Vivanta Bengaluru
By Taj Hotels
At No. 66, Residency Rd,
Ashok Nagar,
Bengaluru, Karnataka 560025 …. Opposite party
COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019
The Complaintant must humbly submits as follows:
1. The address of the Complainant for the purpose of notices, process, etc. is that of its counsels, Vardhaman V Gunjal, Avani Vijayan & Skanda Arunkumar Advocates, having their office at, No. 9, Model House Street, Basavanagudi, Bengaluru – 560 004. Ph: (+91) [protected]; [protected]@gmail.com
2. The Complainant is CEO of Cathartic Ventures Pvt Ltd and a Taj Inner Circle Silver Club member had booked a suit in the Opposite Party’s Hotel on __________. The Complainant had booked a suit for 7 days and had paid the advance booking. The Opposite Party is a 5 star hotel situated in Bengaluru and is managed by Taj groups. Known for its hospitality, the Complainant deicide to book a hotel. The Complainant had chosen to stay in the Opposite party hotel has his house was under renovation.
3. The Complainant was very particular in choosing the Opposite Party (Hotel) as the Opposite party had explicitly informed that their Hotel was a pet friendly hotel and was ready to accommodate pets in their hotel room. On the promise made by the Opposite Party, the Complainant bought his new born pet dog which was around 45 days.
4. The Complainant submits that, his pleasant stay came to an end when his pet dog was found missing, since his pet was a new born, the Complainant panicked and searched the entire lobby and room. The Complainant informed the Front desk and was returning back to his room. The Complainant to his utter shock and surprise, the Complainant found out that Hotel staff and management had barged into the room without prior permission or authorization from the Complainant.
5. The Complainant further submits that, his dog was later found but the Hotel management refused to extend the Complainant’s stay. The complainant further submits that, his initial stay was scheduled for around 7 days but the Hotel has unilaterally terminated his stay. When the same was questioned, he was met with resistance and he was told to approach the Jurisdictional Police Station if the Complainant had any issues.
6. The Complainant submits that, when the Complainant and the Representative from the Opposite side approached the Jurisdictional Police Station, he was told to settle the matter amicable and sent off. The Complainant further submits that, when he returned to the Opposite Party (Hotel) he was utterly shocked and surprise at the treatment meted out to him. The Complainant further submits that, all the belongings of the Complainant was packed in a gunny bag and thrown out of his room. The Opposite party had not taken any prior permission to enter the Complainant’s room nor did they take permission to pack the belongings of the Complainant.
7. The Complainant’s stay was abruptly ended without giving any explanation. When the Complaint raised this issue to the management, they failed to provide any alternative accommodation and was thrown out. The Complainant had to plead the Management for transportation accommodation as they had thrown the Complainant out of the hotel in the middle of the night.
8. The Complainant was left with no other choice but to return back to his house, which was under renovation. With no place to sleep, the Complainant was forced to sleep on the floor with no other option. The Complainant was deprived of the privileges that he had paid for, keeping in mind that the Complainant was a Taj Inner Circle Silver Club member, which is privileged membership program.
9. The actions of the Opposite Party are a clear case of Deficiency of service. It is submitted that from the above narration it is clear that the Opposite Party is thus bound by the Consumer Protection Act, 2019 (“the Act”) as the Complainant is a ‘consumer’ as defined under Section 2(7)(ii) of the Act. It would be relevant to submit that the significance of the expression of a ‘Consumer’ was defined in the following words in the case of Mergan Stanley Mutual Fund v Kartick Das & Ors. [ (1994) 4 SCC 225]
The consumer as the term implies is one who consumes. As per the definition, consumer is the one who purchases goods for private use or consumption. The meaning of the word 'consumer' is broadly stated in the above definition so as to include anyone who consumes goods or services at the end of the chain of production. The comprehensive definition aims at covering every man who pays money as the price or cost of goods and services. The consumer deserves to get what he pays for in real quantity and true quality. In every society, consumer remains the center of gravity of all business and industrial activity.
10. It is submitted that that the Complainant falls under the ambit of a consumer as per Section 2(67)(ii) of the Act
11. The cause of Action arose on ___________ when the Complainant was thrown out of the Opposite party hotel, without assigning any reason.
12. The Complainant has been put through severe mental agony and hardship and has faced embarrassment.
13. The Complainant is a resident of BTM Layout, Bengaluru, Karnataka which is within the jurisdiction of this Hon’ble Forum and therefore, the present Complaint is maintainable.
14. The Complainant has not filed any other legal proceedings before any other court or authority in respect of the same cause of action.
PRAYER
WHEREFORE, the Complainant most humbly prays that this Hon’ble Forum maybe pleased to:
a) Direct the Opposite Party to reimburse the monetary loss incurred since……………………………….;
b) Direct the Opposite Party to pay a sum of Rs. 10, 00, 000/- (Rupees Ten Lakhs) towards mental agony and monetary loss incurred due to ………………………………….;
c) Direct the Opposite Party to pay the cost of this proceedings and grant such other relief(s) as this forum deems fit in the circumstances of the present case, in the interest of justice and equity.
Advocate for the Complainant Complainant
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