DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                             Consumer Complaint No.02 of 2020

                                             Date of institution: 08.01.2020

                                             Date of Decision:   25.02.2022

Davinder Kumar aged about 44 years son of Radha Krishan , resident of Village Kangar, Tehsil Anandpur Sahib, District Rupnagar     

…….Complainant

Versus

1. Budget Stay Between the Hills (Hotel) through its authorized representative, Raj Bhavan Road, Opposite Post Office, Mout Abu, Rajasthan Pin 307501
2. Booking. Com through its authorized representative, one horizon centre, 14^th floor, Golf Course Road, DLF Phase-5, Sector 43, Gurgaon (NCR), Pin 122002, Haryana 

                                                    ……..Opposite Parties

Complaint under Consumer Protection Act.

Quorum:   Shri Ranjit Singh, President.

                       Mrs. Ranvir Kaur, Member

Present:    Sh. Jawahar Chandan, Adv. For complainant

OPs ex-parte.

Order dictated by :-  Sh. Ranjit Singh, President

Order

1. The present order of ours will dispose of the above complaint filed under the Consumer Protection Act, by the complainant against the Opposite Parties on the ground that in order to plan the trip, the complainant visited the online site of Booking.com i.e. OP No.2 and after going through the options, he chose the hotel property i.e. OP No.1 for stay i.e. check in on 25.6.2019 and check out on 26.6.2019 having in order to plan the trip, the complainant visited the online site of Booking.com i.e. OP No.2 and after going through the options, he chose the hotel property i.e. OP No.1 for stay i.e. check in on 25.6.2019 and check out on 26.6.2019 having 4 guests and on the site offered the price of room to be Rs.2350.88/-. The booking confirmation email dated 18.04.2019 and the payment was to be made on delayed occasion. As per the conditions of the booking and cancellation policy, the complainant had right to cancel the booking free of cost till 10 June 2019 till 11.59 PM. After confirmation other family members of the complainant also planned their journey with the complainant, hence the complainant called upon the OP No.1 to book one more room but they offered to rent the room almost the double price of earlier booking. In order to join the family the complainant chose to opt for his option to cancel the booking with the Ops and to look for other hotel and confirmation email in this regard was received from the Ops on 10.6.2019 at 9.50 PM. Since the complainant had option for free of cost cancellation till 11.59 PM on 10.06.2019, the complainant is entitled for return of entire amount paid while doing booking. After the cancellation the agony of the complainant started and he had been conversing and contacting the representative of OP No.1 on his contact through whatsappp number and after initial assurance of repayment the representative of OP No.1 has flatly refused to process the refund. Thus, alleging deficiency in service on the part of the O.Ps. the CC had sought the following reliefs:-

1. That direction be issued to the O.Ps. to return the booking amount
2. To pay Rs.50,000/- as compensation   
3. Any other relief as this Hon’ble Commission may deem fit in the interest of justice. 

2. The CC in support of his case tendered in evidence various documents. 
3. We have heard the complainant and have gone through the record of this case.
4.  Since the OP has chosen to remain ex-parte and otherwise also the evidence of the CC appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the CC. We have also perused other documents Ex.C2 to Ex.C9.
5. It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers, which are being regularly harassed by the unscrupulous traders, who even after receiving the money do not provide the proper services to the consumers. We feel that the very purpose of the Consumer Protection Act, 2019, will fail if such types of traders are not brought to book and asked to pay compensation.
6. In view of our above di
7. scussion, we allow the present complaint exparte and O.Ps. are directed to pay the booking amount as paid by the complainant to the Ops at the time of booking the rooms. It is further ordered that the O.Ps will pay compensation amount to the tune of Rs.15000/- along with litigation charges Rs.5000/-. The Ops are further directed to comply with the said order within the period of 30 days from the date of receipt of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be indexed and consigned to record room.
8.  

February 25,2022

(Ranjit Singh)

(Ranvir Kaur)