Order-9.
Date-22/09/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case, in short, is that the complainant on 09-05-2016 booked a room in Hotel Bina Inn at Station Road, Ranchi, Jharkhand, (being OP2) vide online through OP1 (Make My Trip). The said booking was confirmed by OP1 and payment was deducted from the account of the complainant vide online. The said booking was for 16-05-2016 for one day only. OP2 also issued confirmation letter to the complainant. The complainant reached at the said hotel at 7 a.m. on the said date but the complainant was shocked and surprised when the Hotel Receptionist denied allotment of any room on such booking I.D. OP2 also said that there was no contract of any such facility of providing room to their hotel and no such payment has been received by the OP2 from OP1 on such booking I.D. OP2 eventually denied any room to the complainant. The complainant was accompanied by his friend and they waited for one hour on the road side and called on the official of the OP1 but no response was received by the complainant for more than one hour. Finally the complainant again reached the said hotel and requested the Manager to allot any room on any terms and conditions as well as on cash payment. OP2 allotted the complainant one room on the third floor on payment of cash of Rs.1,071/- for the same date upon repeated requests being made by the complainant and his friend. The complainant faced huge mental agony and harassment on account of deficiency of service and unfair trade practice of OP1. The complainant issued a letter on 20-05-2016 to OP1. OP1 received the said letter but did not choose to reply. Hence, this case.
OP1 has contested the case in filing written version contending, inter alia, that the case is not maintainable in fact and in law and the case is misconceived, vexatious and false. It is submitted that there is no deficiency of service on the part of this OP. It is also submitted that as per the terms and conditions of the user agreement this Forum has no jurisdiction to entertain the dispute, only the Courts of NCR, Delhi has the territorial jurisdiction to entertain the dispute. It is also stated that there has been no quantified loss incurred by the complainant and this OP operates and carries its business operation through its office in New Delhi, Mumbai, Bangalore. It is also submitted that this OP has paid off the booking amount to the complainant. It is also stated that the complainant is not entitled to any compensation or cost.
The complainant impleaded Hotel Bina Inn as a party being OP2 but subsequently expunged its name.
Point for Decision
- Whether the OP is guilty of unfair trade practice and deficiency of service?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the pleadings of the parties and documents on record namely Hotel Confirmation voucher, payment receipt of Hotel Bina Inn, Legal notice dated 20-05-2016 as filed from the side of the complainant. It appears that complainant on 09-05-2016 booked a room at Hotel Bina Inn at Station Road, Ranchi vide online through OP. The said booking was also confirmed by the OP vide I.D. No.NH 71146233772816 and payment was deducted from the account of the complainant vide online. Booking was for 16-05-2016 but the complainant reached the said Hotel Bina Inn at Ranchi but was confused and surprised when the Hotel Receptionist denied allotting any room on such booking I.D. In fact, the complainant was not accommodated in the hotel as per the said booking. The complainant subsequently got an accommodation in the said hotel on repeated request to the hotel authority. We think that the OP has been deficient in rendering services to the complainant. OP1 received payment but failed to fulfill its obligation. We also find that the complainant along with his friend have faced immense mental agony and harassment due to deficiency of service on the part of the OP. The complainant had to book a room in the said hotel by paying cash of Rs.1,071/- upon repeated requests being made by him.
Let us now come to the point of jurisdiction.
We think that this Court has ample jurisdiction to try and entertain the instant case in terms of Section 11(2)(a) of the C.P. Act. We find that OP1 has also its Branch Office at Shakespeare Sarani, Kolkata which is within the jurisdiction of this Forum.
We are given to understand that OP1 subsequently refunded the booking amount to the complainant. OP, as such, is liable to pay the remaining balance amount to the complainant along with cost and compensation.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed on contest against the OP1.
OP1 is directed to pay a sum of Rs.807/- along with interest at the rate of10 percent p.a. w.e.f. 09-05-2016 till compliance within one month from the date of this order.
OP is also directed to pay an amount of Rs.30,000/- as compensation for causing mental stress, agony, harassment and unfair trade practice to the complainant apart from litigation cost of Rs.10,000/- within the stipulated period.
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 and in that case OP shall be liable to pay penal damage at the rate ofRs.5,000/- to be paid to this Forum till full and final satisfaction of the decree.
