Delhi

East Delhi

CC/541/2013

DR. ASHUTOSH KUMAR - Complainant(s)

Versus

MAKE MY TRIP - Opp.Party(s)

06 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  541/13

 

1. Dr. Ashutosh Kumar Singh

S/o Shri Vishwamitra Singh

R/o 11/59, Geeta Colony

Near Bharat Gas Agency

Delhi           

 

2. Dr. Archana Singh

W/o Dr. Ashutosh Kumar Singh

R/o 11/59, Geeta Colony

Near Bharat Gas Agency

Delhi                                                                          ….Complainants

Vs.

Make My Trip (India) Pvt. Ltd.

UG-07, TDI Mall, Shivaji Place Complex

Rajouri Garden, New Delhi                                               …Opponent

 

Date of Institution: 08.07.2013

Judgment Reserved on: 06.09.2017

Judgment Passed on: 07.09.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Dr. Ashutosh Kumar Singh (complainant no.1) and Dr. Archana Singh (complainant no.2) against Make My Trip (India) Pvt. Ltd. (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainants who were having their MD/MS exam on 19.05.2013 at PGI, got booked a room in the hotel for 18.05.2013 on paying an amount of Rs. 1,800/-.                Ms. Nupur Sharma, officer of the respondent, told the name of the Hotel Mid-Town.  When they reached at the hotel Mid-town, complainants were shocked to know that there was no booking.  When they made a complaint to respondent at their instance, the complainants were compelled to stay at the hotel. 

          At around 1 a.m., the officer of the respondent informed the complainants that they had booked a suite for them in Hotel Royal Inn and was assured that he had spoken to his owner Mr. Bajaj personally. After reaching at Hotel Royal Inn, complainants were shocked to know that there was no vacant room in the hotel.  They tried to make contact at the office of the respondent, but they did not respond.  The complainant asked the receptionist for help, who arranged a room for them for Rs. 3,000/- in the Hotel Oyster, Room no. 208 with arrival date and time 18.05.2013, 1.24 a.m. and departure date and time 19.05.2013 1.45 p.m.  Due to this act of respondent, complainants could not write their exam properly. 

          It was further stated that respondent cancelled the booking of the complainant vide cancellation no. IN1305R5S92212 and refunded the amount.  The complainant sent many emails to the respondent, but they did not give any satisfactory reply.  Hence, the complainant has prayed for direction to OP to refund the excessive amount of    Rs. 3,000/-, which was charged from him; Rs. 10,00,000/- as compensation towards the physical pain and mental agony and      Rs. 50,000/- as cost of litigation.        

3.       In the reply, Make My Trip (India) Pvt. Ltd. (OP), they have stated that OP have duly confirmed the booking for complainant in the name of complainant; pursuant to the booking made, Hotel Mid-Town, Chandigarh, who was to provide the service.  They have not been made as a party; no loss has been suffered by the complainant; OP have acted as an agent of Hotel Mid-Town, Chandigarh and was merely facilitator.  Once, he booked the room, OP has discharged his obligation; they were bound to adhere to the terms of agreement; they made all possible efforts to resolve the issue; they were in frequent contact with complainants during that time; they made alternative arrangement at Hotel Royal Inn for Rs. 3,000/-; the complainants did not avail the said booking and they made their own arrangements. 

          They have stated that they have offered the differential amount which comes to Rs. 1,200/- alongwith Rs. 500/- as compensation.  They have already refunded Rs. 1,800/- to the complainants and further offered to refund fare difference.  However, the complainants have declined the same.  Other facts have also been denied.

4.       The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its complaint, complainant have examined himself.  He has deposed on affidavit and have narrated the facts stated in the complaint.         

          Make My Trip (India) Pvt. Ltd. have examined Ms. Aakansha, Manager–Legal and authorized officer of Make My Trip India Pvt. Ltd., who have deposed on affidavit and have narrated the facts stated in the WS.  She has also got exhibited documents such as copy of Board Resolution dated 09.12.2011 (Ex.OPW1/A), copy of User Agreement as agreed between the parties at the time of booking (Ex.OPW1/B) and copy of Hotel Confirmation Voucher alongwith email dated 18.05.2012 (Ex.OPW1/C). 

6.       We have heard Ld. Counsel for parties and have perused the material placed on record.  It has been argued on behalf of OP that they were mere facilitators and have made arrangements for alternative booking, which the complainants did not avail. 

          On the other hand, Ld. Counsel for complainant have argued that the alternative arrangements, which was offered by OP was not availed as there was no room available. 

          If the evidence on record is perused, it is noticed that hotel confirmation voucher was given by OP for 18.05.2013 for Hotel     Mid-Town, Chandigarh, however, there was no booking at Hotel   Mid-Town for the complainants as is evident from the writing placed on record under the signatures and stamp of Hotel Mid-Town.

          The complainants got booking in Hotel Oyster for 18.05.2013 and paid an amount of Rs. 3,000/- for the booking.  The fact that they have paid an amount of Rs. 3,000/- for hotel booking in Hotel Oyster having not availed the services of Hotel Mid-Town, which was got booked by OP, certainly, there has been deficiency on the part of Make My Trip (India) Pvt. Ltd. (OP).  By not having the booking at Hotel Mid-town, Chandigarh, which was made by OP on having received the payment, certainly, the complainants have suffered mental pain and agony for which they have to be compensated.

          In view of the above, we order that Make My Trip (India) Pvt. Ltd. (OP) shall refund an amount of Rs. 3,000/-, being the amount spent by the complainants on their booking in Hotel Oyster.  They are further directed to pay an amount of Rs. 10,000/- towards compensation on account of mental pain and agony.  This includes the cost of litigation also.  This order be complied within a period of 30 days.  If not complied, the total amount of Rs. 13,000/- shall carry interest @ 9% from the date of order.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President