Non payment of dues by hotel guest
SUNDER RAJAN
(Querist) 23 February 2018
This query is : Resolved
Honourable Experts
I am Sunder Rajan seeking your help on matter of non payment.
With my VRS money I now own a resort on the outskirts of Thane city.
A couple of months back ( around new year) a few guests arrived at my resort for a weekend stay. They paid an advance amount of Rs 10000 for their total package of Rs 35000.
However on the day of the checkout the guests refused to pay the balance amount stating flimsy reasons to my hotel manager.
There whimsical reasons included no mobile connectivity, no hot water coming all the time which my manager explained and rectified to his best efforts.
But without listening to reason the guests created a ruckus and ran away from the resort before my manager could call the police.
The local police is not of much help as the claim it is not their lookout.
My people having the contact details called and sent emails to the guests and the guests are refusing to pay the amount citing the whimsical reasons.
As of now they have stopped taking our calls or replying on email.
I also engaged a local lawyer who sent a legal notice to the guests but they are refusing to accept the legal notice also.
What can I do to recover my money.
Please help
Sunder
Vijay Raj Mahajan
(Expert) 23 February 2018
This is civil issue hence the Police will not be of any help to you. The best way is to file for the recovery of dues from the guest for their stay in your resort in the civil court, seek not only the balance amount, interest thereon but also damages and cost from them. The jurisdiction of the civil court in your district shall make easier for you to move the civil court for the relief.
SUNDER RAJAN
(Querist) 23 February 2018
Dear Sir
Thank you for your kind advice.
I just had another humble query if you can help me out.As the consumer can go to a consumer forum in cases of not getting desired service, we business owner cannot go the same consumer forum for non payment of money after availing the service.
Also the lawyer who sent the legal notice has been stating that we cannot go to court until and unless the other party accepts the legal notice. I am very confused as the other party is not accepting the legal notice or replying.
I would also at this point want to mention that all the details of their stay and services were listed in the confirmation email sent to the guests.
I also want to admit that at this point I dont want do anything that may harm the reputation of my resort.
Thank you once again
Vijay Raj Mahajan
(Expert) 23 February 2018
Your lawyer is giving you wrong advice, the legal notice sent whether accepted or not, what is important that there existed a contract between both parties where rooms and other services were rendered out to the client/consumer for settled payment which are still outstanding. You are seeking your due amount from the client through civil court.
SUNDER RAJAN
(Querist) 23 February 2018
Dear Sir
Once agin many thanks for your prompt reply.
If u could provide me with the steps to file a claim in a civil court I would be very grateful to you. Also I have one query that since the guest is not accepting the legal notice if they fail to appear in court or dont come to court as they dont live in the same city but in Gwalior in that case what can I do.
Also although I may sound naive how much time will such a case take to be resolved.
Thank you once again
Kumar Doab
(Expert) 23 February 2018
Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record………………that is in knowledge of all facts, inputs, docs on record must have already advised you to approach court of law for recovery…
The said guests and their counsel can also contest and put up their defense and evidences and court shall decide on merits.
Kumar Doab
(Expert) 23 February 2018
Same Query;
http://www.lawyersclubindia.com/forum/Non-payment-of-dues-by-guests-to-the-hotel-160195.asp
Sudhir Kumar, Advocate
(Expert) 23 February 2018
You are well advised by Mr Vijay Raj.
You seem to have a query for every solution.
Kumar Doab
(Expert) 23 February 2018
Proper suggestions have been extended in all threads, by all, before posts of Sudhir ji.
GO thru; Consumer Court FAQ’s
http://consumerhelpline.gov.in/ConsumerCourt.pdf
https://www.tnooz.com/article/hotel-sues-guest-for-posting-review-on-tripadvisor-about-bed-bugs/
Kumar Doab
(Expert) 23 February 2018
Civil court proceedings require knowledge and expertise of law and procedures.
Lean on your LOCAL ccounsel.
Engage; retain a very able counsel as already suggested for your establishment to handle litigations………………and your counsel can also help to avoid litigations and loss also.
V R SHROFF
(Expert) 24 February 2018
I agree with Vijay Raj;
No need to get Reply of Legal Notice.
It is enough that you issued a Legal notice to him on address registered in your Hotel Register/ being last known true and correctaddress.
Service of Legal notice : SERVED" AS PER SEC 27 OF gEN cL LAW
YOU CAN DIRECTLY MOVE CIVIL COURT.
As cost of Litigation is higher than your dues; he will prefer to pay you.
