BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.451 of 2018
Date of Instt. 29.10.2018
Date of Decision: 22.12.2020
Robin Budhiraja S/o Mahesh Budhiraja O/O Booth No.123/A Tehsil Complex Jalandhar.
..........Complainant
Versus
1. Make My Trip SCO 15, 3rd Floor, City Square Building, Jalandhar Cantt-Jandiala Road, Civil Line, Jalandhar, Punjab 144006 (Local Office)
Head Office
Make My Trip India Pvt. Ltd. SCO 169-170, First Floor Sector 8- C, Madhya Marg
Landmark: Near Sindhi Sweets/Canada VFS/IDFC Bank Chandigarh-160018 Through its Manager.
2. Hotel Regal Plaza
Plot No.4 Near Jawala Mata Mandir Motor Market, Sector 45-A Chandigarh-160047
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Complainant in Person.
OPs exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the complainant had booked one room in Chandigarh on dated 18.08.2018 through website of make my trip i.e. OP No.1 in hotel silver city (Hotel Regal Plaza) i.e. OP No.2 from Jalandhar. That there was exam of complainant for the post of Assistant District Attorney by Haryana Public Service Commission on 19.08.2018. That the complainant was reached at Chandigarh on 18.08.2018 at about 09:00 pm. That there he tried a lot to find out the hotel as per the address on website of MMT, but he could not find the hotel. That after wasting one hour on roads of Chandigarh, complainant found that place where he came to know that the name of Hotel was changed by OP No.2 by local residents. That then complainant met the manager of OP No.2 and show his booking to him. That the manager of OP No.2 refused to accept the booking as he said the booking was on old name of their hotel and he will not able to give any room to complainant. That then complainant call the customer care of OP No.1, the representative told complainant that there was mistake from their side and the name of Hotel has been changed by OP No.2 without informing to OP No.1 so refund will be given to complainant only and no room was given to complainant. That at that time complainant had lost three precious hours of his exam preparation regarding the disputes of OPs. That it was about 11:45 pm and complainant got no proper accommodation in Chandigarh at that night. That due to mistake of OPs complainant lost his precious time of exam preparation which has great impact on future of complainant. That OPs has committed great negligence, deficiency and unfair trade practice with complainant. That the complainant has issued one legal notice on 28.08.2018 to OPs, but all in vain and as such, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.50,000/- as compensation for mental tension, pain, agony and harassment to the complainant and also be directed to pay Rs.10,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service OPs miserably failed to appear and ultimately, OPs were proceeded against exparte.
3. In order to prove his respective version, counsel for the complainant produced on the file his respective documents.
4. We have heard the argument from learned counsel for the complainant and also gone through the case file very minutely.
5. Precisely, the case of the complainant is only that he had booked one room in Chandigarh on 18.08.2018 through Website Make My Trip i.e. OP No.1 in Hotel Silver City i.e. OP No.2 from Jalandhar. On 18.08.2018 at about 09:00 pm complainant reached at Chandigarh and he tried a lot to find out the hotel as per the address on website of MMT, but he could not find the hotel because the name of the hotel was changed by the OP No.2 by local residents and after one hour he found the same and reported the matter to the manager of the OP No.2 and showed his booking to him, but the manager refused to accept the booking as he said the booking was on old name of the their hotel and he will not above to give any room to the complainant and then the complainant called the customer care of the OP No.1 and the representative told that there was mistake from his side and the name of the hotel has been changed by OP No.2 without informing to OP No.1, so refund will be given to him only and no room was given to him.
6. In this complaint one document is very important, which is email sent by OP i.e. MakeMy Trip dated August 19, 2018 at 02:06 AM, to the complainant, which is as under:-
“We would like to update your that we have raised a booking cancellation request based on our conversation and refund of amount (INR 1,623.00) will be credited in your bank account within 5 working days if it is a private bank or in 14 working days if it is a nationalized bank.
Moreover we have sent you Future Travel Voucher of INR 750, It will be valid for 1 year and will be sent on your registered email ID within 7 working days. You can use this voucher on any Domestic Flights & Hotels.”
From this mail, it is clear that the OP accepted cancellation request and refunded Rs.1623/- i.e. booking charges and also sent a voucher of Rs.750/-, which is valid for 1 year and nothing has been due towards the OPs, but the complainant not mentioned these facts in his complaint. So, one thing is clear that the OPs have already refunded the price of the room and one voucher and nothing is due. So, the complaint of the complainant is without merits and the same is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Kuljit Singh
22.12.2020 Member President
