Haryana

Gurgaon

cc/241/2011

Biswajit Mazumdar - Complainant(s)

Versus

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

20 May 2016

ORDER

                                                           DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                                           Consumer Complaint No: 241 of 2011                                                                                                             Date of Institution: 09.05.2011/27.05.2011                                                                                                                                         Date of Decision: 20.05.2016

Biswajit Mazumdar Qr. No.TD 109, P.O.Duliajan, District Dibrugarh, Assam, Pin 7866                                                                                                                                                                                                                   ……Complainant.

                                                Versus

The Manager, Make My Trip India Pvt. Ltd, 103 Udyog Vihar Phase-I, Gurgaon-122016, Haryana.

                                                                                              ..Opposite party

                                                                                                

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri Amit Kumar Srivastava, Adv for the complainant.

                    Shri Harshwardhan, Adv for the OP.

 

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that the complainant availed the services of make my trip for Bangalore trip which was scheduled from 16.03.2011 to 27.03.2011. On 16.03.2011 the complainant reached hotel Nandhini, Minerva Circle, Bangalore and was allotted room No.101 and thereafter the complainant was shifted to room No.101 on the next morning. The complainant has alleged that said room was Deluxe AC room whereas the complainant had booked Comfort Class AC which was having Rs.600/- higher than Deluxe A.C. room per day. The complainant also reported the matter to the hotel manager on 26.03.2011 and asked the hotel manager to refund the excess amount and when the complainant asked for receipt/bill of the amount paid but the hostel manager refused to hand over the same as the booking was through OP and as such non providing of suitable accommodation tantamounts to deficiency in service on the part of the OP.

2                 OP in its written reply has alleged that the conditions of the rooms and the type of rooms to be provided are under the domain of the Hotel Nandhini, Minerva Circle, Bangalore and not the OP. Hence, the grievance of the complainant if any should be against the Hotel Nandhini, Minerva Circle, Bangalore and not the OP and said hotel has not been impleaded as a party to the present complaint. Thus, there was no deficiency in service on the part of the OP.

3                 We have heard the learned counsel for the parties and have perused the record available on file.

4                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the counsel for the parties, it emerges that the complainant has filed the present complaint against the OPs alleging deficiency in service on their part on the ground that complainant booked hotel through OP from 16.03.2011 to 27.03.2011. However, on 16.03.2011 the complainant reached Hotel Nandhini, Minerva Circle, Bangalore and the room which was provided to the complainant was Deluxe AC room whereas he has booked the Comfort Class AC room which was having Rs.600/- higher than the Deluxe AC room. The complainant also reported the matter to the Hotel Manager and asked to refund the excess amount but he flatly refused. Thus, Hotel Nandhini, Minerva Circle, Bangalore has failed to provide the suitable accommodation which tantamounts to deficiency in service on the part of the OP.

5                 However, as per the contention of the OP, the OP as per the instructions of the complainant had reserved/booked Comfort Class AC rooms for the complainant with  Hotel Nandhini, Minerva Circle, Bangalore on Feb 25, 2011 for the duration from March 16, 2011 to March 27, 2011. The said booking was confirmed by the OP vide booking ID No.NP251993301992 on Feb 25, 2011. However, the OP was supposed to provide accommodation to the complainant as per the bookings. The conditions of the rooms and the type of rooms to be provided are under the domain of the Hotel Nandhini, Minerva Circle, Bangalore and not the OP. Hence, the grievance of the complainant if any should be against the Hotel Nandhini, Minerva Circle, Bangalore and not the OP and said hotel has not been impleaded as a party to the present complaint. Thus, there was no deficiency in service on the part of the OP.

6                 Therefore, after going through the facts and circumstances of the case and the evidence placed on file it is evident that complainant got Comfort Class AC rooms booked at Hotel Nandhini, Minerva Circle, Bangalore through OP which was confirmed. However, there is no dispute regarding booking of Comfort Class AC Hotel Nandhini, Minerva Circle, Bangalore. The complainant has alleged that he was provided Deluxe AC room and not Comfort Class AC but there is absolutely no evidence on the file in order to come to the conclusion that what type of category of room was provided to the complainant at Bangalore. There is nothing on the file that the complainant was provided Deluxe AC room against Comfort Class AC room. There is nothing on the file that there is any difference between two rooms. There is nothing on the file regarding difference of rates of two rooms as alleged by the complainant. Moreover, Hotel Nandhini, Minerva Circle, Bangalore has not been impleaded as a party and even no evidence has been produced in order to prove that the complainant was not provided room of the category which he booked through OP. Therefore, for want of evidence it cannot be assumed that the complainant was not provided accommodation which he booked through OP and as such we are inclined to hold that there is no deficiency in service on the part of OP and thus, the complaint is hereby  dismissed.

7                 However, learned counsel for the OP has given a statement that they are not at fault but in order to maintain goodwill the OP is still ready to pay Rs.3600/- (i.e. half of the amount of Rs. 7200/-). Therefore, keeping in view the statement made by learned counsel for the OP and a good gesture the OP is directed to make the payment of Rs.3600/- to the complainant within 30 days. The OP shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                                            (Subhash Goyal)

20.05.2016                                                                                                                  President,

                                                                                                                    District Consumer Disputes

                                                                                                                   Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member