PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-157/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Tanmaya Kumar Patel, aged about 33 years,

S/O-Bhesaja Kumar Patel

Postal Assistant(Circle Office),

O/O the Postmaster General, Sambalpur region,

Dist-Sambalpur-768001.                                                          ….…......Complainant.

                                    -Vrs.-  

1. OYO ROOMS.Com

9^th Floor, Spaco Sector-69, Gurgaon Haryana,Pin-122001.

2. Hotel Dream Marion,

Plot No. 287/23, JaggannathVihar, phase-2, NandanVihar, Kalarhanga, Bhubaneswar-751024.                                   …………........Opp.Parties

Counsels:-

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

Date of Filing:03.10.2023,  Date of Hearing :25.06.2024  Date of Judgement : 30.07.2024

Presented by Sri SadanandaTripathy, Member.

1. The Brief fact of the Complainants is that the Complainants had booked a hotel namely OYO Shiavni & Suhani, Patia, Bhubaneswar in OYO app on 7.6.2023 for 7.6.2023 Night to 8.6.2023 morning  @ of Rs 500/- per night as per their hotel rate chart shown in app. While reaching to Athgarh, Angul the Complainant called the hotel and the Manager of the hotel picked up the phone and asked him about the booking amount. After hearing rate Rs. 500/- the Manager had denied to give room at that rate demanding 1500/- per night. Then the Complainant tried to contact OYO customer care. All the customer care executive were transferring the call to one another to avoid his complaints. Finally someone had tried to solve his problem and his booking had been transferred to OYO Dream Marion, Patia, Bhubaneswar with same Rate. When the Complainant and his wife reached at OYO Dream Marion at around 11.40 PM at night, the person sat at Manager seat was fully drunk and in shirtless body, had denied that there hotel is fulland no AC room was available at their end. Further he had offered a Non Ac room with a cost of Rs. 1000/- When the Complainant told him that the amount which shown in OYO app for booking had already been paid by him. But he behaved so rudely and denied to give the Complainant room at that price. By hearing the loud sound the owner or some other person came and said that they were not tied up with OYO and they didn’t know why OYO was showing their Hotel in OYO app, if they wanted to stay there they had to pay extra amount. The Complainant and his family had left the hotel and stayed in another hotel after searching different hotel at midnight. The Complainant had informed these entire things to the customer care executive of OYO but they only registered the complaint but nothing was done by the OYO.  The Complainant had also complaint before the police. At morning the OYO team were responding and given assurance that the booking amount will be refunded and the Hotel OYO Dream Marion will be blacklisted from their end. They had also asked to submit the bills of the hotel where the complainant and his family stayed for necessary refund but out of submitted the bills , no amount has been refunded. Hence this case.
2. The Written Version of the OP No. 1 is that the Complainant approached the OP No. 1 for the very first time on the check-in date and highlighted the Check-in denied issue due to low tariff, after which the agent on behalf of the OP No. 1 contacted the property Manager but he denied talking with the agent. The agent as per the terms and conditions along with guest policy provided amicable solutions to the Complainant, that as per the terms and conditions along with guests policy “if any check-in is denied then the OP No. 1 either would provide alternate accommodation or refund of the pre-paid booking amount”, in this case the agent provided an alternate accommodation to the Complainant and shifted the booking to OP No. 2 and also added a complimentary amount of INR 207/- in the booking of the Complainant. The Complainant thereafter visited to OP No. 2 Hotel Hotel wherein his check in was denied by the OP No. 2 due to low tariff. Thereafter the agent on behalf of OP No. 1 offered to provide alternate accommodation however the Complainant was asking for refund of the prepaid booking amount and therefore the agent initiated the refund to the source account of the Complainant, despite this fact the Complainant has filed this complaint against the OP No. 1 with malafide intent just to illegally extract money from the OP No. 1. Hence, the present complaint is liable to be dismissed with in favour of the OP No. 1.
3. From the records and evidences, it is observed that the Complainant had booked a hotel through OYO App but the manager of the hotel demanded extra money. After complain before the OYO, they did not take appropriate steps, for that reasons the Complainant and his family suffered a lot. Further out of giving assurance by the OYO authority, no amount has been refunded to the Complainant in time. So deficiency in service and unfair trade practice found against the OP No. 1.  Accordingly it is ordered.

                                       ORDER

The O.P No. 1 is directed to refund Rs. 500/- towards the booking amount if not refunded to the Complainants, Rs. 50,000/- towards harassment, mental agony, deficiency in service to the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 30^th day of July, 2024.

Free copies of this order to the parties are supplied.