Order-11.

Date-25/05/2017.

        Shri Kamal De, President.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant’s case, in short, is that OP is engaged in the trade of tours and travels for booking of hotels in China. The Complainant booked two hotels in the city of Shenzhen, China and Hangzhou, China for his trip to China. The Complainants booked hotel named Gold hotel in Shenzhen City of China vide OP on 15.10.2016. The OP also gave confirmation of 2 rooms in the said hotel on 02.11.2016 to 03.11.2016 i.e. one night in the said hotels and charged the Complainant USD 85.06 i.e. Rs.5,734/-. On arriving at Shenzhen City in China, complainant was surprised to find that the said Gold Hotel against whom the booking was made by the OP had been closed one year back. The Complainant was in foreign country and it was very difficult for him to find out an alternative accommodation then and there and faced lot of inconvenience to find out accommodation elsewhere. He tried to contact OP being the service provider but to no good.

OP did not pay any heed to help him out.

After Shenzhen the Complainant was destined for Hangzhou City where he booked the Hangzhou Hanma Holiday Inn in Hangzhou City through the same OP vide booking ID No. NH7106234548254 dated 13.9.2016. The Complainant booked two rooms for 02 nights from 3^rd to 5^th November,2016 for a total consideration of Rs.134.01 USD i.e Rs.9033/-. The Complainant on arriving  at the said Hotel was shocked to hear that the said hotel do not have any tie up with the OP and no money was deposited by the OP for booking rooms in favour of the Complainant in the said Hangzhou Hanma Holiday.  The Complainant tried to communicate the said problem with the OP but OP refused to help the Complainant.  Without any option the complainant had to book rooms by paying them separately. Complainant has alleged deficiency of service against the OP. Complainant has also alleged unfair trade practice against the OP and also stated that the Complainant suffered huge financial loss as well as was subjected to mental agony and trauma in a foreign land due to the fraudulent act of the OP and unfair trade practice.

The Complainant has prayed for refund of money which OP took for booking hotels and also for other reliefs in terms of the prayers in the petition of complaint. 

OP has contested the case in filing w.v., contending inter alia that the case is not maintainable in fact and in law. It is stated that OP being the booking facilitator is duly discharging his limited liability inter alia issuing confirmed ticket for the Complainant. It is stated that there is no deficiency in service on the part of the OP. It is also stated that Complainant and OP are governed by the terms and conditions agreed between them at the time of booking and as enumerated in the user agreement. It is stated that the terms and conditions of user agreement has been duly agreed. It is stated that the alleged grievances raised by the Complainants are frivolous and   vexatious. It is stated that it was the hotelier who denied to provide the booking for reasons best known to him. It is stated that the Complainant failed to provide hotel confirmation voucher before the Hotelier. It is denied that the answering OP was not having any tie up with the Hotelier i.e. Hangzhou Hanma Holiday Inn in Hangzhou City. It is denied that there was no deficiency of service on the part of the answering OP or any unfair trade practice on its part. The OPs has prayed for dismissal of the case.

Point for Decision

1)         Whether the OP is deficient in rendering service to the Complainants?

2)         Whether the OP has indulged in unfair trade practice?

3)         Whether the Complainant is entitled to get any relief as prayed for.

Decision with Reasons

            We have browsed over the documents on record i.e. photocopy of hotel confirmation voucher in respect of the Hangzhou Hanma Holiday Inn in Hangzhou City, photocopy of letter issued by Hangzhou Hanma Holiday Inn,  photocopy of hotel confirmation voucher of Gold Hotel in Shenzhen, photocopies of emails on different dates between the parties and other documents on record.

            It is worthy to point out at the very outset that Complainant filed Evidence-in-Chief. OP did not put any questionnaire to the Complainant as against such Evidence-in-Chief.   OP also did not adduce any Evidence-in-Chief.  OP has not also filed any document with the w.v.

            It transpires from the documents on record that the Complainant booked two hotels in the city of Shenzhen, China and Hangzhou, China. The Complainant booked hotel named Gold Hotel in Shenzhen City of China vide Make My Trip Booking ID  No. G7101334992057 on 15.10.2016.  OP gave confirmation of two rooms in the said hotel on 02.11.2016 to 03.11.2016, i.e. one night in the said hotel and charged the Complainant Rs.USD 85.06 i.e. Rs. 5,734/-. The Complainant on arriving at the said hotel against whom the booking was made by the OP party found that the said Hotel had been closed for one year. The Petitioner also booked Hangzhou Hanma Holiday Inn in Hangzhou City through OP vide booking ID No. NH7106234548254 dated 13.9.2016. The Complainant booked two rooms for two nights from 3^rd to 5^th November,2016 for a total consideration of Rs.134.01 USD i.e Rs.9033/-. The Complainant once again was shocked to hear on arriving at the said hotel that the said hotel do not have any tie up  with the OP and no money was deposited by the OP for booking rooms in favour of the Complainant in the said  Hangzhou Hanma Holiday. We also find that Hotel authority of Hangzhou Hanma Holiday issued a letter in favour of the Complainant stating that the said hotel has no tie up with the OP i.e. Make My Trip.

            We find that the Complainant on visiting China had to go extreme harassment for deficiency of service on the part of the OP.  Moreover, the OP has failed to file a single scrap of paper showing that they have actually transferred the money to the Hotelier’s Account. In the w.v. it is stated by the OP that they have refunded the amount taken from the Complainant for booking Gold Hotel as well as Hangzhou Hanma Holiday Inn on the date itself that is 02.11.2016. But we are afraid OP has not filed any document to show that they have provided full refund of the amount paid by the Complainant either on 02.11.2016 or on any subsequent date. Moreover, we find that OP on being reported of the instant condition took no initiative to solve the problem of the Complainant. OP has failed to produce any document to establish that they have tie up with Hangzhou Hanma Holiday. So, it is pretty clear that OP is liable of deficiency of service by not delivering their part of responsibility and is also doing unfair trade practice by fraudulently taking money for booking of hotels which are closed down or without having any tie-up. We think that they do not have any business tie up as such as claimed. It is evident that Complainant suffered huge  financial loss as well as  was subjected to mental agony and trauma in the foreign land. Complainant has also alleged cheating and fraud against the OP by writing a letter dated 09.11.2016 to the OP. Complainant has also pleaded unfair trade practice against the OP.

            Having regard to the facts and circumstances  and to the documents on record, we think that the OP is liable of deficiency of service and OP has also indulged in unfair trade practice by fraudulently taking money for booking of Hotels  which are either closed down or with whom they do not have any business tie up. May be OP is in the habit of receiving money from different customers in the name of booking of Hotels in foreign countries which are either closed down or with whom they do not have any business tie up and is thus indulging in unfair trade practice as such.

            Consequently, the case merits success

Hence,

Ordered

That the instant case be and the same is allowed on contest against the OP.

The OP is directed to refund to the Complainant an amount of Rs.14,767/- which the OP took for booking Hotels in China within one month from the date of this order.

OP is also directed to pay an amount of Rs. 2 lacs – 50 percent of which to be paid to the Complainant and 50 percent to be paid to this Forum for indulging in unfair trade practice with the said stipulated period.

OP is also directed to pay an amount of Rs.10,000/- to the Complainant as Litigation Cost within the said one month..

Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.