- Mr. Shouvick Kumar Chandra,
29/A, Tara Chand Dutta Street,
Kolkata – 73._________ Complainant
____Versus____
- MakeMy Trip (India) Pvt. Ltd.
S-201, 2nd Floor, Ideal Plaza,
11/1, Sarat Bose Road,
Near Minto Park Crossing, Kolkata-700020
SP Infocity,
243, Udyog Vihar Phase1,
Gurgaon Head Office,
Haryana – 122016, India. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 16 Dated 29/07/2016
The case of the complainant in short is that on 2.9.13 complainant booked his name and his family members and friends in the prescribed form supplied by o.p. to travel in South India. He made the payment by using credit card. He paid Rs.23,500/- by using credit card and Rs.35,000/- by cash on 21.10.13 for total package of Rs.58,500/-. Complainant was assured by o.p. that they would provide good accommodation and complementary standard breakfast at their recommended hotels during the course of stay in south India. O.p. also assured that they would make arrangement for tour to local site and car service would be provided by them. But to the utter surprise the hotel at Kodaikanal was of worst nature and non cooperation was shown by the hotel Pine Borough Inn. The rooms were unhygienic, unsafe and substandard. On the ground of personal hygienic and family safety complainant informed that they had to change the hotel and o.p. assured them that they would compensate for the loss incurred. Accordingly, complainant checked in another hotel under o.p. recommended hotel category i.e. Apple Valley Hotel at Kodaikanal. The incident and the escalated price was intimated to o.p. on 4.11.13 but o.p. did not respond. O.p. regretted the inconvenience causing to the complainant but refused to pay any compensation after the trip. Moreover, the breakfast bill of the hotel was paid in cash and that was not adjusted which was supposed to be provided as complementary by o.p. O.p. also did not arrange the tour to Shravanbelagola which was included in the package. Thus o.p. did not fulfill the assurance given by them. Information sought with regard to the cost of travel for the destination (which was not provided by o.p.) as per Right To Information Act, 2005 was Rs.2000/-. Complainant and his family suffered financial loss and mental agony for the activities of o.p. They also assured complainant that they would settle the matter amicably but in vain. Hence the application praying for refund of hotel charges at Kodaikanal amounts to Rs.14,334/- along with complementary breakfast charge at Ooty of Rs.2000/- and car charges for travelling to Shravanbelagola of Rs.2000/- along with compensation and cost.
O.ps. did not contest this case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
We have gone through the evidence of complainant and documents in particular. It is admitted fact that complainant paid Rs.23,500/- on 2.9.13 for tour in south India for the period from 1.9.13 to 10.9.13. Thereafter complainant paid the balance amount of Rs.35,000/- on 21.10.13 i.e. before 10 days of the commencement of the journey. From the documents annexed with the complaint petition it is clear that o.p. did not provide the standard hotel at Kodaikanal to the complainant and his family members as per their standard which was reflected in the brochure issued by o.p. Accordingly, complainant communicated his grievance and informed them that the hotel at Kodaikanal was at furthest distance from the town. When complainant opined that they had to change the hotel for their safety and hygiene o.p. assured him that they would compensate for the same. Complainant had to pay extra for accommodation in another hotel in Kodaikanal. But after the trip o.p. did not agree to make any compensation for the same. Moreover, o.p. did not provide the complementary breakfast and did not arrange any tour to Shravanbelagola which was promised by them. Due to unchallenged testimony we have nothing to disbelieve the documents adduced by complainant and as such, we are in the view that o.p. has made deficiency in service and accordingly complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund the hotel charges at Kodaikanal amounting to Rs.14,334/- (Rupees fourteen thousand three hundred thirty four) only to the complainant and is further directed to pay compensation of Rs.8,000/- (Rupees eight thousand) only for harassment and mental agony and litigation cost of Rs.4000/- (Rupees four thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
