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Kerala-Thiruvananthapuram
By Our Staff Reporter
The complaint was filed by S. Vijayakumar of Thamarakulam Lane, Sasthamangalam. He had arranged a conducted tour to Ootty with 12 members of his family on April 11, 2001. He had arranged dormitory type accommodation at Hotel Tamil Nadu, through KTDC and had paid Rs. 1,200 as advance. He said that he had been assured that the dormitory would be available for staying in Ootty, if they reached the place on April 11. The complainant pointed out that he had made the booking through KTDC as it had a mutual arrangement with TTDC, by which bookings are taken in each others' hotels. On April 11, they reached Ootty and asked for accommodation. But they were told by the opposite party that accommodation could not be provided as the KTDC owes them large amounts as booking charges. The complainant said that he had felt very humiliated and he was forced to pay Rs. 2,000 again at the hotel so that he could get accommodation for the tour group. He appealed that he be given a refund of the amount he had paid plus compensation. KTDC said that the complainant had been given a booking and claimed that in the normal course, the TTDC hotel should have provided accommodation to the complainant. They claimed that they did not know what had transpired between the complainant and the hotel staff. The Forum pointed out that it was because of KTDC's default in paying booking charges to TTDC that the complainant was not given accommodation. The complainant had to shell out Rs. 2,000 to get accommodation. He was lucky that accommodation was available on the day or else the tour group would have been put to difficulty. The TTDC claimed out that KTDC was not remitting the rent collected on their behalf and because of this default, they had had instruction from the department not to honour bookings from KTDC. KTDC, however, in their version, admitted that they did owe TTDC some money, but claimed that the amount was not `substantial'. The Forum pointed out that the complainant had been put to difficulty because of the problems between KTDC and TTDC. The responsibility for the incident was primarily on the KTDC, which took the booking while knowing that they had defaulted in payment. KTDC should have confirmed the booking with TTDC and it was not the responsibility of the consumer to find out whether the agreement between the two opposite parties was valid or not, the Forum said. The opposite parties together were asked to pay Rs. 6,000 to the complainant as compensation for his harried experience. The Forum also ordered KTDC to refund the advance booking amount of Rs. 1,200 and to pay Rs. 1,000 as costs to the complainant.
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