Chandigarh

DF-II

CC/118/2020

Vaibhav Raj - Complainant(s)

Versus

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

In Person

04 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	118 of 2020
Date  of  Institution	:	18.11.2020
Date   of   Decision	:	04.05.2022

 

 

 

 

 

Vaibhav Raj s/o Sh.R.K.Arora, R/o Executive Centre, B-1, Block B, Indl. Area, Sector 62, Noida 201307

 

             …..Complainant

 

Versus

1]  MakeMy Trip India Pvt. Ltd., DLF Building No.5, Tower B, DLF Cyber City, DLF Phase-2, Sector 25, Gurugram, Haryana 122002

2]  MakeMy Trip India Pvt. Ltd., SCO 169-170, First Floor, Sector 8-C, Madhya Marg, Landmark-Near Sindhi Sweet/Canada VFS/IDBI Bank, Chandigarh 160018

3]  OYO11036 Preet Lodge, SCF: 14, Phase-2, SAS Nagar, Mohali 160054

    ….. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  : Complainant in person.

   Sh.Nitin Bhasin, Adv. for Ops No.1 & 2.

   OP NO.3 exparte

 

PER B.M. SHARMA, MEMBER

 

         Concisely put, the complainant made booking of room in Preet Lodge, Mohali (OYO11036) through OPs for 2 nights from 20.12.2019 to 22.12.2019 by making advance payment of Rs.1207.27.  However, on reaching the said Hotel at 12.00 PM, it denied to provide any accommodation to the complainant and his fiancée saying that OPs/Makemy Trip is fraud as they did not clear their past balance with it.  As a result, the complainant and his fiancée had to wait on roadside for about 6 hours and the OPs, despite making several telephonic calls, did not make any way-out for stay of complainant and his fiancée.  Ultimately, the complainant and his fiancée had to visit their relative and stayed there.  It is submitted that the complainant made another booking of another hotel i.e. Hotel DK Palace, Chandigarh through OPs for 21.12.2019 & 22.12.2019 by making payment of Rs.605.79, but still the OPs did not enquire about the inconvenience and difficulty faced by the complainant due to their deficient act.  It is further submitted that the complainant raised the issue on 20.12.2019 with OPs by calling many time, but they did not bother and made the complainant to suffer.  Hence, this complaint has been filed.  

 

2]       The OPs No.1 & 2 have filed joint reply and while admitting the factual matrix of the case, stated that the answering OPs are only facilitator for booking air tickets/hotel bookings etc. on behalf of its customer with concerned service provider.  It is stated that OPs No.1 & 2 are not responsible or liable for any deficiency caused on the part of Hotel and once the bookings are confirmed by the concerned service provider and shared with intended traveler, the OPs are discharged from its obligation & duties qua the said booking.  It is submitted that after receiving the booking from the customer, the answering OPs have forwarded it to OYO, who further forwards it to the concerned Hotel, but in the present case, due to technical glitch on the part of OYO, the booking could not be confirmed and the same is duly admitted by the representative of the OYO, so it is only the liability of the Hotelier or OYO to honour the said booking and upon their failure to do so, they are solely liable and responsible to make the entire payment to the complainant including any compensation if any. Denying all other allegations and pleading no deficiency in service, the OPs No.1 & 2 have prayed for dismissal of the complaint. 

         OP No.3 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 01.09.2021. 

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the complainant in person, ld.Counsel for the OPs No.1 & 2 and have perused the entire record including written arguments.

  

5]       After scrutiny of all the material on record, it is clear that the complainant has not been provided the accommodation in OP No.3 Hotel even after advance booking & payment made by him through OPs No.1 & 2.  The Opposite Party No.1 & 2 are directly responsible for the said booking of hotel room and they have to ensure that the services hired has been properly arranged & provided to the consumer/customer.  The customer/complainant having problem either with the Hotel or any other services, booked/hired through Opposite Party No.1 & 2, then they are fully responsible to redress the same at their level.   The Opposite Party No.1 & 2 cannot shift liability or put blame on the Hotel or any other agency of which the services have been hired through them.  The OPs No.1 & 2 have accepted the money but failed to provide due services to the complainant, so they are liable to refund the entire amount. Therefore, the deficiency in service as well as unfair trade practice resorted to by Opposite Parties No.1 & 2, is clearly established, which not only caused financial loss to the complainant, but also caused him harassment & mental agony.

 

6]       In the light of above observations, we are of the considered view that the Opposite Parties No.1 & 2 are found deficient in rendering proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint deserves to succeed against the Opposite Parties No.1 & 2.  Accordingly, the present complaint is allowed with direction to OPs No.1 & 2 to refund an amount of Rs.1207.27 as well as to pay a compository amount of Rs.10,000/- to the complainant towards compensation for the harassment suffered by him due to their deficient service, as well as litigation expenses.     

         This order shall be complied with by the Opposite Parties No.1 & 2 jointly & severally within a period of 30 days from the date of receipt of certified copy of this order, failing which they shall also be liable to pay additional compensatory cost of Rs.7000/- to the complainant apart from the above relief.

7]       The complaint qua OP No.3 stands dismissed.

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

4^th May, 2022                                                                          

Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER