Chandigarh

DF-II

CC/509/2018

Sandeep Arora - Complainant(s)

Versus

MakeMy Trip India Pvt. Ltd., - Opp.Party(s)

Dinesh Madra Adv.

01 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	509 of 2018
Date  of  Institution	:	10.9.2018
Date   of   Decision	:	01.04.2019

 

 

 

 

1]  Sandeep Arora s/o Late Sh.Sohan Lal,

2]  Manju Arora w/o Sandeep Arora,

3]  Abhishek Arora s/o Sandeep Arora,

4]  Aachman d/o Sandeep Arora, minor through Sh.Sandeep Arora, being her natural guardian.

5]  Manvi Arora D/o Raj Kumar Arora,

6]  Arushi Arora e/o Dhiraj Arora, minor through Sh.Dhiraj Arora, being her natural guardian.

All resident of House No.636, Sector 33-B, Chandigarh.

   

             ……..Complainants

Versus

 

MakeMy Trip India Pvt. Ltd., through its Managing Director, DLF Building No.5, Tower-B, DLF Cyber City, DLF Phase-5, Sector 25, Gurugram, Haryana 122002

 

 ………. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN        PRESIDENT

SMT.PRITI MALHOTRA    MEMBER

            SH.RAVINDER SINGH     MEMBER

 

Argued By:       Sh.Dinesh Madra, Adv. for complainants.

     Sh.Satpal Dhamija, Advocate for OP.

 

 

PER PRITI MALHOTRA, MEMBER

 

                                The case of the complainants in brief is that after going through the online site of Opposite Party and after seeing the photographs of the accommodation, with facilities and also its distance from the place of intending visit to Joshi Math & Auli, a Hill Station, and Lansdowne, Hill Station, in Uttrakhand, as put up on the site by Opposite Party and finding it suitable to them shown to be at a nearby distance from each other and Chandigarh, they finalized their stay from 4.6.2018 to 5.6.2018 at The Tattva Resort, NH 58, Joshimath, Uttrakhand and from 5.6.2018 to 7.6.2018 Birdsong & Beyond by Open Sky, Guniyala Khal, Pokhari-Nagnath, Near Rudraprayag Pokhari Road, Chamoli, Pokhari, Uttarakhand and from 7.6.2018 to 8.8.2018 with V.Resorts Camp Advait Lansdowne, Aamdali Dada Mandi Road, Duggada, Uttarakhand.  It is stated that in view of the itinerary finalized by the complainant, the online confirmed booking was made with Opposite Party for visit and vacation at Joshi Math & Auli on 23.5.2018 for check-in starting at 12.00 PM for 5.6.2018 and with check out 7.6.2018 with reservation and payment of Rs.14,838/- for Birdsong & Beyond by Open Sky, Guniyala Khal, Pokhari-Nagnath, Near Rudraprayag Pokhari Road, Chamoli, Pokhari, Uttarakhand against which a receipt was issued by OP (Ann.C-1).  Similarly, the complainants got their online confirmed booking for their visit and vacation at Lansdowne, Hill Station on 20.5.2018 for check-in starting at 02:00 PM for 7.6.2018 and with check out 8.6.2018 with reservation and payment of Rs.9331/- with V.Resorts Camp Advait Lansdowne, Aamdali Dada mandi Road, Duggada, Uttarakahdn, which was confirmed vide receipt (Ann.C-2). 

         It is submitted that as per the online claim made by Opposite Party, it was disclosed to the complainants that the distance from Joshimath to Pokhri i.e. Birdsong & Beyond by Open Sky, Guniyala Khal, Pokhari-Nagnath, Near Rudraprayag Pokhari Road, Chamoli, Pokhari, Uttarakhand  was shown to be 41.5 KMs, whereas the said projection turnout to be totally false as in fact the said distance actually was 117 KM instead of 41.5 kms (Ann.C-3 & C-4). involving several hours of journey and wasting time and money, as such the complainants had to make additional expenditure on the travelling etc. besides harassment on account of physical as well as mental pressure.  It is also submitted that after making a tiring and draining journey by travelling huge additional distance, and facing harassment, when the complainants reached at  Birdsong & Beyond by Open Sky, Guniyala Khal, Pokhari-Nagnath, Near Rudraprayag Pokhari Road, Chamoli, Pokhari, Uttarakhand, fully tired and drained, were shocked when the Manager of Birdsong & Beyond by Open Sky, Guniyala Khal, Pokhari-Nagnath, Near Rudraprayag Pokhari Road, Chamoli, Pokhari, Uttarakhand told the complainants that they do not have any booking for them from 5.6.2018 to 7.6.2018 and that the Opposite Party was already informed about non-availability of room, which too was not informed to the complainants by the Opposite Party.  The Opposite Party was contacted, but they did not help and due to said act of Opposite Party, the complainants were left in lurch to fend for themselves, when at 11.30 PM i.e. in the middle of the night with two minor children instead of helping them, the Opposite Party told that they cannot do anything. Ultimately, the complainants, as there was no accommodation available nearby, had to spend the entire night in a storeroom, which was worst than even a servant quarter (Ann.C-5).  It is stated that it was only on 6.6.2018 the complainant received an email from Opposite Party admitting their fault and seeking apology for the inconvenience and the complainants were asked to book an alternate at their own level and promised to refund the difference upto Rs.10,000/- (Ann.C-6 & C-7).  It is also stated that the complainant left with no option had to preponed their visit i.e. ahead by one day starting from 6.6.2018 instead of 7.6.2018 by paying Rs.8984/-, which booking the complainants already had for check-in starting at 02.00 PM for 6.6.2018 and with check out 8.6.2018 i.e. at V.Resorts Camp Advait Lansdowne, Aamdali, Dada Mandi Road, Duggada, Uttarakhand in two Alpine Tents with facilities of Housekeeping attached bathroom, free WiFI, internet, room service with free breakfast and dinner along with said accommodation for the complainants in view of the claim made by Opposite Party at their site.  Accordingly, the complainants paid a sum of Rs.33,153/- for said bookings starting from 5.6.2018 to 8.6.2018 (Ann.C-8). 

         However, on reaching the said V Resorts, Lansdowne, the complainants were shocked to see that it was non-approachable and sub-standard, as after parking the car, they were made through a river waters, which had a broken bridge and was highly risky; the staff at the resort was also very rude and even the accommodation provided was a third class torn tent of 10ft.X10ft. size, which was having only a table fan and only a low wattage bulb.  It is submitted that the tents i.e. so called Alpine tents even did not have any attached washroom, the toilets were not only dirty, but were common for all guests with Indian style WC seat with no provision for water supply in it.  It is submitted that in view of the horrendous experience faced by the complainants, the trip has virtually gone waste, besides the waste of entire money spent by them on food, travelling etc. throughout.  The matter was strongly reported to the Opposite Parties, but they again expressed they apology and instead of refunding the entire amount of booking, paid a meager amount of Rs.14,838/-  (Ann.C-12).  Hence, alleging the said act & conduct of the Opposite Party as gross deficiency in service and unfair trade practice, causing mental agony, physical harassment and financial loss to the complainant, this complaint has been filed.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that on receipt of complaint from the complainants, the team of Opposite Party tried its level best to find out the alternate accommodation, but no alternate was available and accordingly, advised the complainants for full refund of original booking amount and admittedly, an amount of Rs.14,838/- has been remitted to them.  It is stated that for the preponement of second destination, the complainants made new booking with Opposite Party and enjoyed the stay.  It is also stated that as far as distance from Joshimath to the place of booked destination is concerned, the answering Opposite Party does not share such type of information.  It is submitted that the total refund of booking for Birdwong and Beyond by Open Sky has already been made and other booking has been exhausted by the complainants.  Denying all other allegations, the Opposite Party has prayed for dismissal of the complaint.

 

3]       Rejoinder has been filed by the complainants thereby reiterating the assertions as made in the complaint and controverting that of the Opposite Party made in reply.

 

4]      Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

6]       It is admitted by the opposite party that the complainant had booked one hotel booking for hotel Birdsong and Beyond by Open Sky in Pokhari vide booking ID No.NH7003880705346 from 05/06/2018 to 07/06/2018 and also booked V.Resort Camp Advait Lansdown from 07/06/2018 to 08/06/2018 vide booking ID No. NH2003883413429 and paid an amount of ₹14,838/- and an amount of ₹9331/- respectively.  

 

7]       It is one of the main allegation of the complainants that they had to spend more money and extra time for travelling as the OP has wrongly mentioned about the distance from Joshimath to Pokhri i.e. the booked destination “ Birdsong and Beyond by Open Sky” as 41.5 km whereas said estimated projection turned out to be 117 km.  It is further added that after travelling an extra miles, when the complainants reached at the booked destination at Pokhri they were informed that they do not have any booking for the hotel and on intimation to the opposite party they failed to provide any alternative place, forcing the complainants to spend the entire night in the store room.   Due to the non-availability of the accommodation the complainant’s preponed their program and to go for fresh booking by making payment of ₹8984/-. The complainants claimed that they had to spend a total sum of ₹33,153/- for all the above said bookings starting from 05/06/2018 to 08/06/2018. It is also alleged by the complainants that on reaching the V Resorts Lansdown i.e. the booked destination, the same was found to be non-approachable and substandard contrary to the commitments made by the opposite party. It is claimed that the accommodation provided was of 3rd class, torn tents of 10’ x 10’ size having only one table fan and a low wattage bulb, also having no attached washroom facility. Even the toilets were not only dirty, but were common for all the guests, with Indian style seat with no provision for water supply in it. The bedding provided was also in bad shape and very filthy.

 

8]       The refund of an amount of ₹14,838 by the OP’s well proved that the complainants are right in alleging that despite of the confirmed booking, they were not provided with any accommodation at Birdsong & Beyond by Open Sky, Guniyala Khal, Pokhri.  Ann.C/3 & Ann. C/4 reveals that the opposite party wrongly disclosed the information qua distance from Joshimath to  Pokhri i.e. ‘ Birdsong and Beyond by Open Sky’.  In the circumstances we can well imagine the harassment suffered by the complainants who planned the trip for the rejuvenation which in effect proved to be a nightmare.  Record reveals that the opposite party did not care to provide any alternate accommodation to the complainants and left them in lurch.  The only refund of the amount is not sufficient enough to reduce the pain of the suffering suffered by the complainants mentally and physically.  It requires that the opposite party must pay a cost for the sufferings suffered mentally and physically by the complainants, which they had to undergo only due to the callous and lackadaisical approach adopted by the opposite party.

         The copies of the emails placed on record reveals that the opposite party even failed to resolve the grievance of the complainants regarding poor arrangement made at V Resort Lansdowne and also contrary to the settlement made between the parties. The opposite party was well appraised about the precarious & hopeless conditions met out by the complainants at the booked resort. The opposite party did not bother to compensate the complainants for the poor arrangements made despite acknowledging the sufferings suffered by the complainants. Adding more miseries to the sufferings, the opposite party wrongly claimed vide their emails that they tried to contact the complainants but none responded. This stand of opposite parties is highly condemnable.

 

9]       From the discussion above, a clear case of deficiency in service is made out for which the opposite party is liable to compensate the complainants.  For all the sufferings suffered at the hands of opposite party, we quantify the amount of compensation to the tune of ₹5000/- to each of the complainants. 

 

10]      In view of the above, the present complaint is allowed with direction to the Opposite Party to pay an amount of Rs.5000/- to each of the complainants as compensation, along with litigation cost of Rs.20,000/-.

        This order shall be complied with by the Opposite Party within a period of 30 days from the date of its receipt failing which it shall be liable to pay additional cost of Rs.20,000/- apart from the above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

1^st April, 2019                        

                                                                                       Sd/-  

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER