DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 464 of 21.11.2019

                                      Decided on:           10.1.2023

Raman Kumr Soni S/o R.P.Soni # 1326, Phase 3B2, Mohali-160059.

                                                                   …………...Complainant

                                      Versus

1.       Go IBIBO, 19^th Floor, Tower A,B&C, Epitome Building No.5, DLF Phase 2, Sector 24, Gurugram, Haryana 122002.

2.       Hotel Uttam Residency,17, Near Sadar Police Thana, Patiala,Punjab.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. S.K.Aggarwal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY              

                                       Sh.Raman Kumar, complainant in person.

                                      Sh.Jaspreet Singh, counsel for OP No.1.

                                      Opposite party No.2 ex-parte.                                               

 ORDER

                                      S.K.AGGARWAL,PRESIDENT

1. The instant complaint is filed by Raman Kumar Soni s/o Sh. R.P.Soni     (hereinafter referred to as the complainant) against Go IBIBO and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred that on 18 October, complainant booked a room in the Hotel Uttam Residency located at 17 No.,near Sadar Thana, Patiala  through GO IBIBO Hotels by their mobile application and paid Rs.550/- by his credit card towards tariff  for room booking from 18 October to 19 October and the booking was confirmed by whatsapp message at 14.44pm with booking ID HTL VZR5UH9. 
3. It is further averred that when the complainant reached hotel ‘Uttam Residency’ for check in, he was asked by the receptionist to pay them in cash otherwise check in will not be granted. The complainant did not agree for the same and he was refused check in by the OPs against advance booking as above, made by him. This act and conduct of the OPs, caused mental agony and harassment to the complainant and also committed deficiency in service on their part. Consequently, prayer has, thus, been made for the acceptance of the complaint.
4. Upon notice, OP No.1 appeared through counsel and filed written statement taking various preliminary objections. Thereafter, complainant filed an application for impleading Hotel Uttam Residency as OP No.2, which was allowed. On filing amended complaint notice was ordered to be issued to OP No.2 who refused to receive the notice and was accordingly proceeded against ex-parte vide order dated 28.4.2021.
5. In order to prove his complaint, complainant furnished his affidavit, Ex.CA alongwith documents, Exs.C1 to C6 copies of whatsapp messages and closed the evidence.
6. On the other hand,  ld. counsel for the OP  No.1 has tendered in evidence Ex.OPA affidavit of Ekank Mehra, Dy.Manager, Legal alongwith documents Ex.OP1 copy of resolution dated 30.8.2019, Ex.OP2 copy of user agreement, Ex.OP3 copy of confirmed hotel vouchers, Ex.OP4, copy of print out from Ministry for Corporate Affairs,Ex.OP5 copy of e-mail dated 18.10.2019 alongwith NPGC and closed the evidence.
7. We have heard the complainant, ld counsel for the contested OP and have also gone through the record of the case, carefully.
8. The only claim sought for by the complainant is to give a direction to the OPs to pay compensation and costs for the mental agony and harassment suffered by him.           
9. Admittedly, perusal of the record shows that  the complainant had booked a room in a hotel Uttam Residency vide Ex.C1 through the OPs who are in the business of Hospitality Industries under the name of GO-IBIBO and execute an arrangement with various hotels/guests houses throughout India. The booking was confirmed vide,Ex.C2.  The booking was confirmed for which payment of Rs.550/-was made vide Ex.C3 as tariff for the rental of the said room. However, when the complainant reached the hotel so booked through OPs, the booking was not honoured regarding which he made complaint, Ex.C5 to OP No.1.However, the booking was never cancelled by the OPs and was valid when the complainant reached the hotel. Moreover, vide letter, Ex.OP5, the OPs refunded the amount and failed to provide room to the complainant.
10. It is pertinent to mention  here that if any customer gets the room booked through any service provider then it was incumbent upon to ensure that the same is provided to the complainant/consumer smoothly without any harassment but it is not so in the present complaint.
11. In view of the facts and circumstances of the case, we are of the opinion that there is deficiency in service on the part of the OPs. Accordingly the complaint is partly allowed with a direction to the OPs No.1&2 to pay a sum of Rs.5000/-each as compensation to the complainant on account of mental agony and harassment suffered by him. Compliance of the order be made by the OPs within a period of 30 days from the date of the receipt of the certified copy of this order.      
12.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President