Chandigarh

DF-I

CC/654/2021

Mr Piyush Garg - Complainant(s)

Versus

Make My Trip India Pvt. Ltd. - Opp.Party(s)

Tanvi Jain

11 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/654/2021
Date of Institution	:	28/09/2021
Date of Decision	:	11/10/2021

 

Mr. Piyush Garg s/o Sh. Rajinder Kumar resident of Barnala Road, Nihal Singhwala, Distt. Moga.

… Complainant

V E R S U S

1. Make My Trip India Pvt. Ltd. through its Managing Director, B-36, First Floor, Pusa Road, New Delhi-110005.
2. Make My Trip India Pvt. Ltd. through its Manager, SCO 169-170, First Floor, Sector 8-C, Madya Marg, Chandigarh-160008.
3. Oyo, 22753 R Maiden Hotel through its Manager, 2, Lower Mall Road, Kasauli-173204.

… Opposite Parties

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                

ARGUED BY

:

Sh. Amol Jain, Counsel for complainant

 

Per Rajan Dewan, President

1.      Briefly stated the allegations are, on 26.1.2019, complainant booked one room with OP-3 hotel through OPs 1 & 2 and paid ₹5,573/- through credit card. The room was to be checked in on 26.1.2019 and the checkout date was 27.1.2019. However, when complainant visited OP-3 alongwith three other members, hotel staff told that there was no room available. When the complainant raised complaint with OP-1, it accepted the mistake and refunded ₹5,573/- and compensation of ₹2,786/-. Feeling dis-satisfied, complainant served a legal notice dated 6.2.2019 and sought compensation which was replied on 29.3.2019 whereby complainant was offered alternate accommodation alongwith future travel voucher. The complainant served another notice dated 15.7.2021 on the OPs, but, to no avail.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainant has instituted the present consumer complaint.
2.     We have heard the learned counsel for the complainant at preliminary stage.
3.     Firstly, learned counsel for the complainant has not been able to convince us as to how this consumer complaint falls within the limitation period prescribed under the Consumer Protection Act, 2019.
4.     As per complainant’s own version, he made booking through OPs 1 & 2 for one night stay at Kasauli (HP) in the hotel of OP-3 having check in on 26.1.2019 and check out on 27.1.2019 and paid consideration of ₹5,573/- through credit card on 26.1.2019. However, when the complainant alongwith other members reached OP-3 hotel, the staff denied that any room was available. When the complainant raised complaint, OP-1 admitted mistake and refunded ₹5,573/- and compensation of ₹2,786/-. Though the complainant has not mentioned the date of such refund, but, from the facts and circumstances narrated hereinbefore we believe it is also the same day i.e. 26.1.2019.   Section 69 of the Consumer Protection Act, 2019 prescribes the limitation period, within which a consumer complaint has to be filed, as under :-

“69. Limitation period.- (1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.”

From the perusal of above, it is clear that after refund of the amount and payment of compensation by the OP, if the complainant still had some grievance left, the period of limitation started running w.e.f. 26.1.2019 itself and the same expired on 26.1.2021 whereas the present consumer complaint has been filed by him on 28.9.2021 only i.e. after a period of more than eight months, which is barred by limitation.

5.     No doubt the complainant in his consumer complaint has referred to serving legal notice dated 6.2.2019 on the OPs which was replied on 29.3.2019. Even if the complainant is allowed the benefit of legal notice and the reply to the same, though not admitting the same, the consumer complaint ought to have been filed on or before 29.3.2021, but, that is not the case here. The complainant has referred to another notice dated 15.7.2021 sent by him to say that the consumer complaint has been filed within the limitation period. However, we are afraid merely serving of legal notice would not extend the period of limitation. As such, the instant consumer complaint is hopelessly time barred. 
6.     Secondly, we are of the view that this Commission also lacks territorial jurisdiction to entertain and try this complaint.  Admittedly, the complainant is resident of District Moga (Punjab), booking was made for a hotel at Kasauli (HP), booking was declined at Kasauli (HP), complaint was raised with OP-1, which is based at New Delhi, and even the refund, as culled out from the facts and circumstances of the case, was made at Kasauli (HP). The learned counsel for the complainant has not been able to satisfy us as to how this Commission possesses the territorial jurisdiction. We are of the considered view that merely because OP-1 has a branch office at Chandigarh would not confer jurisdiction on this Commission when no part of cause of action has actually arisen within the territorial jurisdiction of this Commission.
7.     From the above material on record, we find it is not an admitable consumer complaint and proceed to dismiss the same, at preliminary stage. Ordered accordingly. 
8.     Certified copies of this order be sent to the complainant free of charge. The file be consigned.

	Sd/-	Sd/-
11/10/2021	[Surjeet Kaur]	[Rajan Dewan]
hg	Member	President