PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 2/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Mohammed Mustaq Ansari, Aged about 42 years,

S/O- Mohammed Mubaraq Ansari,

R/O-Brookshill Colony, Ram Mandir Road,

Ps-Dhanupali

Po/Dist-Sambalpur, Odisha.

Mob-9853210530                                                                                       ......Complainant.

Vrs.

1. OYO Rooms @OYO Hotels & Homes

Through its Director and CEO Shri Ritesh Agrawal

Golf Course, Ext. Road, Sector-69,

•  
• , Hotel Townhouse The Crown, Agra

Represented through its Manager

D66/A, TajNagri, Phase-2, Behind Havells Garden,

Fatehabad Road, Agra Dist. Agra-282001(U.P)

•                             …………........Opp. Parties

 

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. No.1                           :- Sri. R.K. Nanda,
3. For the O.P. No.2                           :-Ex-parte

 

Date of Filing:02.01.2024,  Date of Hearing :16.04.2024,  Date of Judgement :18.06.2024

 

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant on 29.05.2023 with his family had been to Agra under booking ID-SIGY-6481 issued by O.P. No.1 upon advance payment of RS. 290/- and visited O.P. no.2 for stay from 29.05.2023 to 31.05.2023. The Complainant submitted Adhar Card of all the members and paid Rs. 2600/- to-wards room tariff, stayed in room No. 307. The room was unclean and inappropriate condition to stay in, the flush and toilet spray was not working. Television was also not working Complaint was made to hostel authority and after several request the family was shifted to room No. 302. In the said room the television was not working and when complaint made to receptionist with unfriendly tone replied that for watching platforms of choice the Complainant has to pay extra amount.

During the stay the Complainant experienced worst behaviour from staff and management and not provided with sufficient drinking water. The receptionist was arrogant and unfriendly by ignoring calls. After continuous approach drinking water was provided.

On 30.05.2023 due to heavy rain the corridor of 1^st and 2^nd floor got water logged. Water entered into the room which was disturbing for such type of management complaint made to oyo team but the call was excuse of transferring the call and even after connection is was disconnected.

On 31.05.2023 during check out when feed back was sort for by O.P. no.2 the Complainant gave depressing and distressing experience. The O.P. No.2 informed it was due to conflict of payment and the O.P. No.1 not settled the claim of hoteliers. The O.P. No.2 even not returned the original IDS.

On returning to home town email was made on 24.06.2023 to O.Ps under the intimation of Directorate of Tourism, U.P.

Being aggrieved complaint was filed.

2. The O.P. no.1 in reply submitted that OYO is a technical company and its applications and websites enable hostels, homes, guest house to set up a digital presence across 25+ distribution channels including third party online travel agents as well as assists demand channels through advertising and marketing support. The O.P. No.1 enters into a Marketing and operational consultancy Agreement (MOCA) with the owner/operator of hostels/homes. The O.P. No.1 takes service fees from them for the marketing service. Booking is made through O.P. No.1 which is send to the hotel the booking details to the manager of the hotel. The O.P. no.1 admitted the booking details of Complainant and payment. No grievance has been made to O.P. No.1 about the inconveniences during stay. During check in no contact made with agent of O.P. No.1. In case of inconveniences alternative accommodation or refund is available. As per oyoservice and guest policy, Operational liability is with O.P. no.2. With malafide intention complaint has been filed. It is not a consumer dispute. There is no cause of action for the complaint. There is no deficiency on the part of O.P. No.1. The O.P. No.1 has limited liability. The Complainant is not entitled for any relief.
3. The O.P. No.2 has been set ex-parte.
4. The Complainant filed following documents.
1. Oyo Rooms Tr. I.D.T. 2305262104470686012144 for Rs. 290/- dated 26.05.2023.
2. Paid to Shiv Kumar Rs. 2602/- vide Tr. I.D.T 2305291139273231068822 dated 29.05.2023.
3. Payment voucher Rs. 2092 dated 29.05.2023 of crown Hotel.
4. Payment to-wards food and water Rs. 600/- dated 30.05.2023.
5. Gust feedback form.
6. Mail dated 24.06.2023 at 8.00 AM.

The O.P. No.1 filed:

1. Authorisation letter.
2. Payment for services terms and conditions.
5. Perused the documents and contentions of the parties. It is the admission of both the parties that vide booking ID No. SIGY 6481 Hotel the Crown, Agra was booked for the period 29.05.2023 to 31.05.2023 and the booking amount was Rs. 2892/- and the Complainant paid Rs. 290/- in advance. The O.P. No.1 has entered into a marketing and operational consultancy Agreement with owner/operators of hotels and homes. Through online platform the O.P. No.1 provides digital and marketing services to tourists and in the other hand the hotels and homes increase their occupancy and generate revenue. The service fees is taken from the owners/operators of hotels.

The complainant during the stay in the hotel of O.P. no.2 experienced bitterness in cleanliness of Room No. 307. The room was unhygienic, flush and toilet spary was not working. After two hours the Complainant was shifted to Room No.302. Room No. 302 was also having same condition but the Complainant decided to stay with family. Television was not working, reply of receptionist in rude tones, drinking water supply, arrogant and unfriendly behaviour of staff, water logging condition in the corridor and entrance of room, non return of aadhars ID of the guests proves the quality of service of O.P. No.2. The O.P. No.1 promoting such types of hotels and homes whereas the hotels and homes are behaving rudely which is against the hospitality and tourism policy. In the guest feedback form the Complainanthas expressed his dissatisfaction. From mail dated 24.06.2023 is also clear. The O.P. no.2 is not only deficient in service but also for promoting hotels like O.P. No.2, and generating revenue, this very statement proves the misleading advertisement through online platform of the O.P. no.1.

As per contact policies of the O.P. no.1 only a customer can contact the O.P. no.1 before the check-in-date. To improve the service the O.P. No.1 assured to examine the feed back. Here question arises after feedback what steps the O.P. no.1 has taken not uttered a single word, it amounts to deficiency in service.

The O.P.No.1 has submitted terms and conditions of guest policies for oyoHotels and Homes in India. No doubt the O.P. no.2 made alternative arrangement of stay but dissatisfied the Complainant.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The Complaint is allowed against O.P. No.1 and ex-parte against O.P. no.2. Both the O.P.s are jointly and severally liable for deficiency in service. The O.Ps are directed to refund Rs. 2892/- to the Complainant along with compensation of Rs. 50,000/- within one month of this order. In case of non-payment the amount will carry 12% interest P.A. w.e.f. 31.06.2023 till realisation. The O.Ps are liable to pay litigation expenses of Rs. 20,000/-.

 

Order pronounced in the open court on 18^th day of June 2024.

Supply free copies to the parties.