Consumer case - deficiency in service
Sourav Chatterjee
(Querist) 02 April 2012
This query is : Resolved
luxury hotel booked by an booking agent with full payment in advance, but hotelier send us to another sub standered hotel by saying that the luxury hotel damaged due to recent earthquake.sub standard hotel services were not up to the mark but they adjusted their bill with the advance and full payment made for the luxury hotel with service charges extra.complaint lodged against booking agent,luxury hotel & sub standard hotel by praying refund of full advance+sevice charges+legal charges+compensation.
a term & condition in the agent's bill was that 80% of advance amount will be refunded if client not able to enter in the booked hotel due to natural calamity. the eathquake occured bfore 15 days of our arrival but no one inform about the hotel's conditions.
can the agent go beyond the liability of deficiency in his service by stating that he has no reponsibility as he is just a booking agent.
Notice was duly send but no reponse received from their end, complain is already lodged in a competent CDRF. please help me with relevant case laws.
ajay sethi
(Expert) 02 April 2012
issue legal notice for deficency in service , compensation . terms and condtions mentioned 80%^would be refunded . if he has failed to do so you have good case .
Raj Kumar Makkad
(Expert) 02 April 2012
You shall have to issue legal notice followed by consumer complaint for compensation.
M V Gupta
(Expert) 03 April 2012
As there is a condition in the booking of the hotel that if the client is not able to use the luxury hotel due to natural calamity 80% of the amount will be refunded, the Hotel is bound to refund the amount. Take action as suggested by the experts.
Nadeem Qureshi
(Expert) 03 April 2012
Dear querist
I agree with experts
V.T.Venkataram
(Expert) 03 April 2012
As there is a a term & condition in the agent's bill that 80% of advance amount will be refunded if client is not able to enter in the booked hotel due to natural calamity., and you were not informed about the eathquake which occured before 15 days of your arrival , there is a gross deficiency in service on the part of the agent. Since you accepted to be accommodated in a hotel with lessor conveniences, you can claim only 80% of advance amount and compensation for mental agony, which though incapable of computation, is moderately estimated at Rs 50,000/-.Please issue a notice to the agent to pay you these amounts within 15 days from the date of receipt of your notice at his end.
Deepak Nair
(Expert) 03 April 2012
It can be made out from your query that a complaint is already filed against the hotel and the agent.
In this case, both the hotel and the agent are liable as both are guilty of deficiency in service. The agent cannot escape by stating that he is just an agent, because he has charged you for serviced provided.
V R SHROFF
(Expert) 03 April 2012
both hotel & Agent are liable for deficient services, both rendered paid service.
Rasik Dagli
(Expert) 03 April 2012
Booking agent and Hotel for which booking was made both are liable for deficiency in service. Firs address a notice to both and if necessary thereafter file a complaint in consumer court for 80 % refund and for damages with interest and costs.You have a good case to succeed.
RASIK DAGLI
Advocate.
