Punjab

Patiala

CC/19/328

Arvind Goyal - Complainant(s)

Versus

Goibiba Group Pvt Ltd - Opp.Party(s)

Sh J.S Malhi

13 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/  328/2019
Date of Institution	:	27.8.2019
Date of Decision	:	13.3.2023

 

 

Arvind Goyal S/o Sham Lal Goyal R/o H.No.102, Kohinoor Enclave, Rajpura Road, Patiala.

 

                                                                   …………...Complainant

                                      Versus

1. Goibibo Group Pvt.Ltd.SCO-33, Sarabha Nagar, Ludhiana-141001 through its Authorized Person.
2. Regional Office Goibibo Group Pvt. Ltd., 9^th Floor, Tower A, B&C, Epitone Building No.5, DLF Cyber City, Phase-III, Gurugram, Haryana-122002 through its authorized person.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

 

 

PRESENT:                   Sh.J.S.Malhi, counsel for complainant.

                                       Sh.Jaspreet Singh, counsel for OPs.

         

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Arvind Goyal (hereinafter referred to as the complainant) against Goibibo Group Pvt.Ltd. (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:

That in the month of May, 2019, he planned tour from Patiala to Moshobra. Accordingly he booked bamboo cottages at Moshobra Green for 7 persons including three children for two days, including lunch, for Rs.28125/-.Complainant booked cab (SUV) from Patiala to Moshobra for 22.6.2019 to be at 8:00 sharp. The booking was done on 1.6.2019 at 10:50am. It was assured that cab will reach at 8AM sharp and for that charge was Rs.4202/- from which promo code discount ( 1^st booking) was Rs.250/- and wallet discount ( travel cash & go cash+) was Rs.100/-. As such final payment was Rs.3852/- from which Rs.578/- was transferred in account No.915215348704 by the complainant though his account No.65025634356 and the remaining amount of Rs.3274/-was to be paid after trip, but can did not reach his place even after passing of four hours. Complainant called OPs several times but OPs did not pay any heed and the complainant has to arrange taxi urgently on higher wages and his 1^st day of tour was spoiled due to negligence of OP No.1.Complainant sent legal notice on 2.7.2019 through registered post upon the OPs but the OPs neither refunded the amount of Rs.538/- to the complainant nor replied the legal notice. There is thus deficiency in service on the part of the OPs which caused mental agony and harassment to the complainant.     

3. Upon notice, OPs appeared through counsel and filed written statement having raised certain preliminary objections. It is pleaded that the OPs merely act as a facilitator for booking the confirmed tickets/vouchers on behalf of its customers with the concerned service providers. Upon receiving the confirmation from concerned service providers booking ID is generated and confirmed bookings/tickets are shared with the customer. That any person intending to purchase any product or avail the services of the OPs is governed by the terms and conditions of the User Agreement and the intended traveler has to enter into an E-contract with the OPs by consenting to the terms and conditions by clicking on the “I Agree” button.
4. It is admitted that complainant booked a cab (SUV) for his intended travel from Patiala to Moshobra scheduled for 22.6.2019 through OPs’ website on 1.6.2019 for a total sales consideration of Rs.4202/-.Complainant availed total discount of Rs.350/- on the total sales consideration of the booked cab. Complainant only made the payment of Rs.578/-. On receipt of booking request the same was duly forwarded to the concerned service provider and subsequently provided the complainant with the confirmed booking Trip ID No.CARPWFCQZIDHKZL and the e-ticket on 1.6.2019 itself. The booked cab was scheduled to make the pickup at complainant’s residence on 22.6.2019 at 8:00a.m. It is also pleaded that the cab booked by the complainant on 1.6.2019 failed to make the pickup at the scheduled time i.e. 8:00a.m. on 22.6.2019. When complainant contacted OPs they offered several option including but not limited to cancellation and full refund alongwith compensation of Rs.1000/- to resolve the issue at quickest but he was willing to wait for the booked cab. It is pleaded that OPs are not responsible or liable for any deficiency caused on the part of service provider/Cab operator as it does not act as a cab operator and merely acts as a facilitator between the cab operator and user.
5. On merits, OPs reiterated the facts as taken in preliminary objections which are not repeated for the sake of brevity. After denying all other averments, OPs prayed for dismissal of complaint.
6. In evidence, ld. counsel for the complainant tendered in evidence Ex.CW1/A affidavit of complainant alongwith documents Ex.C1 copy of receipt, Ex.C2 copy of online booking of cab, Ex.C3 copy of online copy of refund, Ex.C4 copy of online booking bamboo cottages, Ex.C5 copy of passbook of complainant, Ex.C6 copy of legal notice, Exs.C7 and C8 postal receipts and closed evidence.
7. Ld. counsel for OPs has tendered in evidence Ex.OPA affidavit of Ekank Mehra, Deputy Manager (Legal) of OPs alongwith documents Ex.OP1 copy of board resolution dated 4.10.2018, Ex.OP2 copy of user agreement and closed the evidence.
8. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
9. The complainant has booked a cab for one way travel from Patiala to Mashobra for 22.6.2019 through OPs for a consideration of Rs.3852/-against which an advance payment of Rs.578/- was made on 1.6.2019, vide receipt, Ex.C1. The said booking was confirmed by the OPs vide confirmation,Ex.C2. Outstanding balance of Rs.3274/- was to be paid to the driver at the time of taking the tour i.e. on 22.6.2019, copy of which is Ex.C2.The bank statement,Ex.C3, confirming the advance payment of Rs.578/- is Ex.C3. OTP for the pickup was provided by the OPs alongwith information that the details of the cab and cab driver will be shared with the complainant on 22.6.2019 at 6A.M.The complainant was to start his journey at 8A.M. on 22.6.2019 but the cab so booked and confirmed by the OPs did not reach the complainant and no particulars of the driver and cab were shared with the complainant by the OPs. The OPs also failed to respond to the repeated requests made by the complainant. Ultimately, he was left with no other option but to make alternative arrangements for the journey of his own, after a lapse of valuable time. This act of the OPs in not honouring their commitment lead to mental harassment, agony and wastage of time of the complainant, thereby spoiling his entire tour. Complainant also served legal notice upon the OPs for compensation on account of said harassment but no fruitful purpose was served and complainant was forced to knock the door of this Commission.
10. The OPs, in their written statement have not denied any of the above facts but have merely relied upon the condition that OP is a consumer centric company which is managed through its on-line web portal and the OP merely act as facilitator for booking the confirmed tickets/vouchers on behalf of its customers with concerned service provider and as such has argued that OPs are not liable for any deficiency caused on the part of service provider/cab operator.
11. However, we are of the opinion that OPs had confirmed the booking of cab to the complainant on 1.6.2019 itself for the tour which was to be takenup on 22.6.2019. It was incumbent upon the OPs to honour the booking and provide the services of cab so booked by the complainant on due date and time.
12. The plea of OPs is that they are merely service providers and have no obligation due to deficiency caused on the part of service provider/cab operator, is not justified as on the one hand they are taking the plea that they offered full refund alongwith compensation @1000/- to resolve the issue at quickest and on the other hand they are saying that they are not at fault. Therefore, they are blowing hot and cold in the same breath. There is also no denial of the fact that mental agony and harassment was caused to the complainant due to non availability of the cab on the booked date and time, so confirmed by the OPs leading to spoilage of the entire tour of the complainant and his family.
13. The further plea of the OPs that booking amount of Rs.578/- has already been refunded to the complainant on 1.7.2019 does not help for the loss suffered by the complainant on account of mental agony and harassment. We, therefore, partly allow the complaint and direct the OPs as follows:
13. To pay Rs.10,000/- as compensation, for causing mental agony and harassment to the complainant, within a period of 30 days from the receipt of free certified copy of this order failing which they shall pay interest on the same @9% per annum from the date of booking i.e.1.6.2019 till realization.
14. The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum for long time.

 

 

 

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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President