Date of Filing : 25.02. 2014
Date of Order : 09.02.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.109/2014
TUESDAY THIS 9TH DAY OF February 2016
Vijay Chandra Pandey,
Old No.3/3, New No.21,
Munuswamy Street,
Saligramam,
Chennai 600 093. ..Complainant
..Vs..
Make My Trip India Pvt. Ltd.,
Rep. by its Managing Director,
Tower A SP info city,
NO.243, Urdog Vihar,
Phase-I,
Gurgaon. ..Opposite party.
For the Complainant : M/s. M. Kumaresan
For the Opposite party : M/s. V.Selvaraj & another
Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite party to pay a sum of Rs.5,00,000/- as compensation and also to pay a sum of Rs.10,000/- as cost of the complaint to the complainant.
ORDER
THIRU. T.PAUL RAJASEKARAN :: MEMBER-II
1.The case of the complainant is briefly as follows:-
The complainant planned to go for his honeymoon with his newlywed wife in the month of June 2013. For this purposes on 6.6.2013 the complainant through the website of opposite party www.makemytrip.com booked an “Executive suite cottage” in Kodai Resort Hotel” at Kodaikanal for three days period from 8.6.2013 to 10.6.2013 for which and the complainant had paid an amount Rs.11,500/- through net banking from his ICICI bank on 6.6.2013. On receiving the said amount the opposite party sent a confirmation mail to the complainant on the same day with booking.
2. Pursuant to confirmation on pre-reserved accommodation the complainant and his wife left by a rental car from Chennai on 7.6.2013 to Kodaikanal and reached “Kodai Resort Hotel” at Kodaikanal on 8.6.2013 at 7.00 am in the morning only to reply from the Manager of the “Kodai Resort Hotel” that there was no room reserved in the complainant’s name and no booking intimation was given by the opposite party to “Kodai Resort Hotel”. When they contacted the opposite party they simply replied it was a technical error committed by the resort persons and in no way they were responsible. Accordingly the complainant sent a legal notice to the opposite party on 9.7.2013 but there was no response. As such the complainant sought for claims for a sum of Rs.5,00,000/- as compensation and also to pay a sum of Rs.10,000/- as cost of the complaint to the complainant.
3. Written version of opposite party is as follows:
It denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The opposite party submit that the complaint denied as wrong and incorrect. It was denied that there was no response from the opposite party to refund the booking amounts of the Hotel. The opposite party duly processed the refund on 17th August 2013 and the same was intimated to the complainant on 21st August 2013. The opposite party had never shied away from contacting the complainant as the request for refund was duly processed by the opposite party and the same had been acknowledged by the complainant. Hence the opposite party is liable to pay any compensation for any alleged deficiency in service. Therefore this complaint is liable to be dismissed.
4. Complainants had filed his Proof affidavit and Ex.A1 to Ex.A7 were marked on the side of the complainant. Proof affidavit of Opposite party filed and Ex.B1 and Ex.B2 were marked on the side of the opposite party.
5. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to the reliefs asked for?.
6. POINTS 1 & 2 : -
Perused the complaint filed by the complainant, written version filed by the opposite party, proof affidavit filed by the complainant and the opposite party and the documents Ex.A1 to Ex.A7 filed on the side of the complainant and the documents Ex.B1 & Ex.B2 filed on the side of opposite party and also considered the both side arguments.
7. The complainant and his wife is the newly wedded couple booked an Executive Suit cottage at Kodai Resort Hotel at Kodaikanal on 6.6.2013 through www.make my trip.com to enjoy their honeymoon from 8.6.2013 to 10.6.2013 and paid Rs.11,500/- through net banking. It was confirmed by the opposite party by email with a booking confirmation ID No.INI 306B S33863 to enjoy their honeymoon trip the complainant left Chennai on 7.6.2013 and reached Kodai Resort Hotel at Kodaikanal by engaging the Taxi travelled 9 hours journey and reached at 7.00 a.m at 8.6.2013. when he reached the resort the manager of the resort replied rooms full no accommodation” when they had shown the confirmation voucher to the resort Manager he said due to technical reason confirmation could not be executed, the complainant with his spouse waited for five hours, the accommodation” could not be provided. Hence they were forced to back to their domicile. The Honey moon trip had made the newly wedded couple upset and they could not enjoyed the plans what they have proposed to do in Kodaikanal. When they contacted the opposite party they simply replied it is a technical error committed by the resort persons and in no way they are responsible. The complainant contacted the opposite party persistently on 5.8.2013, 19.8.2013, 22.8.2013 and 2.9.2013 there was no proper response. Hence the complainant served the legal notice on 9.7.2013 which was acknowledged Ex.A3 stating the opposite party had committed deficiency of service under section 12 of COPRA and committed cheating why an action cannot be initiated under section 415 and 420 of IPC and claimed refund of the amount remitted by the complainant Rs.11,500/- along with damages and mental agony to the tune of Rs.1,50,000/-.
8. In response to this legal notice the opposite party replied to the complainant counsel under Ex.A7, “ the user agrees that in situation due to any technical or other failure in make my trip services committed earlier may not be provided or may involved sustainable /modification. In such cases make my trip shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharged and all liabilities are make my trip against non provision of services are deficiency additional liabilities if any shall be borne by the user”. The opposite party in their said letter Ex.A7 dated 19.11.2013 replied as a goodwill gesture, we hereby offer you a voucher worth of Rs.7500/- which the complainant can use in any future hotel booking through the opposite party. Aggrieved by this action the complainant filed the complaint in this Fora.
9. The opposite party’s counsel submitted that the written version which may be treated as an oral argument and he had not disputed about the booking and payment received by the opposite party and quoted the user agreement terms by producing Ex.B2 and “Force Majure Circumstances” that the alleged deficiency of the opposite party is not proved and requesting the forum to dismiss the case.
10. In pursuant of the complaint, proof affidavit and document of the complainant and written version of the opposite party we observed having accepted the consideration from the complainant it is the duty of the opposite party to honour the commitment. But having issued confirmation voucher it is clearly proved there was deficiency of service by making the complainant with a reply of no room in the resort and making the complainant to wait for five hours, disgusted with this the complainant forced to return back to domicile. The Hopes of honeymoon trip had become futile.
11. In addition when the complainant approached the opposite party on many emails and through legal notice from Ex.A2 & Ex.A7 the opposite party had replied as a good will gesture, they offer voucher worth of Rs.7,500/- which the complainant can use for future hotel booking through them. This attitude on the reply proved it is an unfair trade practice committed by the opposite party and the complainant in his complaint under para-10 had mentioned that the refund has been process and effected on August 17, 2013 and there is no dispute in this regard by the complainant and the opposite party. The complainant was claiming compensation for his mental agony.
12. The deficiency in service is proved for not providing the assured accommodation in the Kodai Resort Hotel at Kodaikanal on date specified in the confirmation voucher given by the opposite party. Hence we are of the considered view that the allegation raised by the complainant is proved and we feel it is justifiable that the complainant not only incurred financial loss by coming to Kodaikanal from Chennai by Taxi and the entire honeymoon mood was disturbed and made the honeymoon couple return back to their home where the purpose was defeated. Hence we direct the opposite party to pay a sum of Rs.20,000/- towards compensation for mental agony and the financial loss suffered by the complainant in not utilizing the accommodation and the trip had become vain and also to pay a sum of Rs.5000/- as litigation expense to the complainant.
In the result, the complaint is partly allowed. The opposite party is directed to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) as compensation and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as litigation charges to the complainant within six weeks from the date of this order failing which the above compensation amount (Rs.20,000/) shall carry interest at the rate of 9% p.a. from the date of this order to till the date of payment.
Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 9th day of February 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents :
Ex.A1- 6.6.2013 - Copy of mail Hotel booking confirmation my make My Trip.
Ex.A2- 7.6.2013 - Copy of reply by Kodai Resort Hotel to Make My Trip.
Ex.A3- 9.7.2013 - Copy of legal notice.
Ex.A4- 5.8.2013 - Copy of mails- complaint filed the complainant through
online and reply of Make My Trip.
Ex.A5- 16.8.2013 - Copy of the mail by make My trip regarding process of
Refund.
Ex.A6- 21.8.2013 - Copy of confirmation mail by the Make My Trip for refund.
Ex.A7- 19.11.2013 - Copy of reply to the legal notice dated 9.7.2013.
Opposite parties’ side documents:
Ex.B1- - - Copy of reply from the opposite party.
Ex.B2- - - Copy of the terms and conditions.
MEMBER-I MEMBER-II PRESIDENT.
