DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 334/2015

Shri Amandeep Singh Johl,

S/o Shri Hardial Singh Johl,

D-121, Panhseel Enclave,

New Delhi-110017                                                         ….Complainant

Versus

American Express Banking Corp.

Through its

CEO/CMD/ Chairman (South East Asia-India)

Cyber City

Tower “C” DLF Bldg No.8

Sector-25, DLF City Phase-11,

Gurgaon-122002 (Haryana).

Also having its registered office at

American Express Banking Corp.

Metropolitan Saket,

7^th Floor, Office Block,

District Centre, Saket,

New Delhi                                                                     ….Opposite Party

                                                  Date of Institution      :         10.12.15           Date of Order              :         10.01.19

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Briefly facts of the complaint are that:-

1.1    The complainant, Shri Amandeep Singh Johl made series of reservations with various hotels on 17.05.2015, through an American Express Platinum Reserve Card issued by American Express Banking Corporation hereinafter referred to as ‘OP’.

1. It is stated that while making reservations for the hotel all the rates booked by the complainant were fully refundable and the best available rates but inadvertently in one of the above said booking complainant made an error and clicked on the nonrefundable rates. The moment, the complainant realized his mistake that he had made an error in the booking, immediately, on the same day complainant called OP’s office banking customer care number. He spoke to one of the officials of the OP and explained him about the inadvertent mistake and asked him to stop the payment and not to proceed with the said booking done by the complainant. The said banking official after hearing the complainant and looking into the mistake, assured the complainant the same will be done, that the complainant will not have to worry about the charge, as the same would be waved off within a short time. To be doubly sure the complainant called up the OP again on the next day and reminded the OP regarding stopping of the payment. The complainant was reassured that nothing would be charged on his credit card for the said transaction and payment to the hotel shall be stopped.
2. Few days later when the complainant checked his statement of account online, surprisingly the said charged appeared on complainant statement. Perturbed by OP’s negligence, the complainant again called the OP and thereafter the charges were reversed temporarily and complainant’s case was placed under dispute.
3. It is next averred that the complainant went for his annual vacations on 20.06.2015 and on returning back he was shocked to receive a letter from OP whereby it was stated that OP cannot help the complainant and complainant shall have to pay the charges.
4. It is further stated that after lot of correspondence with OP and great persuasion, OP sent a letter dated 30.07.2015 and again on 08.09.2015 wherein OP admitted to settle the dispute on payment of half of the amount that is half of Rs.1,68,349.77p. which was not acceptable to the complainant.
5. Further it is stated that the penalty for the non-refundable booking in the hotel industry is normally a charge of one night and not the entire amount especially when the reservation is cancelled more than a month before the actual date of stay, which is the case of the complainant. It is averred that if the OP had not assured him of stopping the payment, complainant would have let the hotel, hereinafter referred to as service establishment chare for one night, which is far less than the amount he has to pay now.
6. Aggrieved by the circumstances above, complainant approached this forum with the prayer to direct the OP to revert/ wave off the payments of Rs.1,68,349.77p. which was credit from the account of the complainant along with an interest @ 24% per annum and further wave off / reverse the interest / late payment charges, if any and the cost of litigation and compensation to the tune of Rs.5,00,000/- towards mental torture, harassment and agony.,

2. OP resisted the complaint inter-alia on the grounds that when the complainant approached OP and informed about the erroneous booking made by him and requested that the charges towards the same may not be billed to him; the helpline team of OP on 17.05.2015 confirmed to the complainant that at his request the said booking/ disputed transaction will be taken as dispute. It is submitted by OP that it took up the matter with the service establishment and subsequently issued a temporary suspension on the card account of the complainant for the said charge during the course of investigation. During investigation it was clarified by service establishment to OP that the disputed transaction made by the complainant was a non refundable booking. OP averred that it is relevant to clarify the decision of cancellation and refund of particular transaction lies with the concerned establishment. Therefore, the service establishment clarified to the complainant that since the disputed transaction was a non refundable booking hence the service establishment was not required to provide any refund towards the same. Accordingly, OP closed the said dispute on 22.06.2215 and the temporary suspension issued was also reversed.
   1. OP has further highlighted that the multiple communications exchanged between the parties in relation to the disputed transactions was duly assisted by the OP for redressal of the grievance. After exchanging various mails, OP considering the long standing relationship with the complainant, as an exception and in bonafide offered credit of 50% of the total charge amount in question, which was refused by the complainant.
   2. It is next averred that as no specific allegation reflecting negligence or deficiency in service on the part of OP has been established by the complainant the complaint is liable to be dismissed with exemplary costs.
3. Averments made in the complaint against OP are reiterated by the complainant in the rejoinder. Evidence by way of affidavit has been filed by the complainant. Evidence of Ms. Anuja Chopra, Constituted Attorney of American Express Banking Corp. has been filed on behalf OP.

4.      Written arguments have not been filed by the parties.

5. Arguments of the complainant and Ld. Counsel of the OP are heard and material placed on record is perused.
6. After having given a thoughtful consideration to the rival contention of parties, this Forum hold the following views:-

Admittedly, the complainant made certain hotel reservations abroad and ‘inadvertently’ in one of the reservation made, he clicked on the ‘non-refundable’ rate on 17.05.2015. On realizing his mistake, the complainant claims to have informed the OP through their customer care number regarding the error committed by him and asked the official of OP to stop the payment and not to proceed with the said booking. As per the complainant he was assured by the official of OP on 17.05.2015 as well as 18.05.2015 that the payment would be stopped and the complainant will not have to worry at all about the charge and the same would be waved off within short time. The complainant in a mail dated 29.07.2015 asked the OP not to destroy the phone call records and conversation of the day the complainant was assured of not levying of any charges by OP. This key / best evidence regarding the assurance, made by OP are not placed on record. Therefore without credible evidence to back this averment of the complainant, it holds no water in the eyes of the Forum

7. Further it is pertinent to notice that the transaction which is admitted by the complainant to be erroneously done was a ’Special Rate Booking’ and ‘non-refundable’, and it was a prepaid transaction. Therefore, the hotel / service establishment did not provide any refund towards the same to the complainant.
8. Moreover the OP has relied on the credit card agreement wherein it is stated that any dispute between the party and service establishment should be directly settled with the concerned establishment and OP must be paid the full amount shown on the month statement. For the ready reference Clause 30 of the said agreement is reproduced hereunder:-      

“BILLING ERRORS OR ENQUIRIES / PROBLEMS WITHGOODS OR PURCHASES of the Card member Agreement clearly state that: “…… Any claim or dispute against any Establishment must directly be resolved by you. No claim against an Establishment shall enable you to any set off or counterclaim against us. We shall not be liable to you for quality, price or value of goods or services, or any defects in such goods or services, charged with the Credit Card, or if an Establishment refuses to accept the Credit Card. Subject to any law to the contrary you are not entitled to withhold payment from us because of such claim or dispute.”

9. It is next noticed that the OP cooperated with the complainant and tried redressing his grievances. Further the bonafide intention of OP is revealed when the OP offered to pay 50% of the disputed amount to the complainant, despite making the payment of full amount to the service establishment / hotel. Hence, this Forum is of the opinion that the complainant has failed to prove his case by any cogent evidence. However, OP may pay the 50% of the total charge amount in question that is 50% of Rs.1,68,349.77p. which it had agreed to pay to the complainant as a goodwill gesture. Therefore, the complaint is dismissed with no order as to costs.   

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 10.01.19.