| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR. Complaint No.394 of 2018 Date of Instt.24.09.2018 Date of Decision: 09.03.2021 Rupesh Sharma S/o Dr. Amarjit Rai R/o H. No.52/9, Shiv Vihar, Model Town, Jalandhar-144003 (Punjab) ..........Complainant Versus Make My Trip India Pvt. Ltd. DLF Building No.5, Tower B, DLF Cyber City, DLF Phase 2, Sector 25, Gurugram, Haryana-122002, India. ….….. Opposite Party Complaint Under the Consumer Protection Act. Before: Sh. Kuljit Singh (President) Smt. Jyotsna (Member) Present: Complainant in Person. None for the OP. Order Kuljit Singh(President) The instant complaint has been filed by the complainant, wherein alleged that he purchased online Thailand travel package which include Air Line tickets and booking of Hotel Golden Tulip, Thailand from official website of Make My Trip India Pvt. Ltd. The payment is done from his bank account No.32423142697 with State Bank of India, Model Town Branch, Jalandhar through Internet Banking for Rs.1,05,605/- and Rs.7831/- respectively for airline tickets and hotel booking. His travel date was from 29.06.2018 to 04.07.2018 and only two nights were booked in Golden Tulip Hotel. Make My Trip booked this hotel by advertising as three star hotel, but it was nothing like that. The services and cleanliness was very poor, which one can never expect from any 3 star hotel. During the stay at hotel a CAT was eating/sharing our breakfast buffet served in the restaurant and because of this two female members were fallen ill. As this CAT was moving freely and no service boy was bothered to look after, even after his repeated complaints to the hotel authority. The dishes were open and this CAT was eating food freely. After this episode his wife and mother in law start vomiting and feeling unwell. Immediately we called up the taxi driver who helped us to visit the local doctor and he provided the necessary treatment and suggested the complete bed rest, and then we moved to another hotel in Thailand. He has to cancel all visits to tourist locations which he was planning earlier for rest of 4 days in Thailand as he has to look after them. His whole tour gone waste due to the unhygienic food served. He was saving the funds from so many years for his family but Makemy Trip and hotel totally spoiled his Thailand trip worth Rs.2.5 lakh and also he has faced so many other problems with room air conditioning, electric kettle and tuk-tuk (auto) drop services during the stay and reception staff giving only one answer “Sorry” instead of providing any solution. Both hotel and Make My Trip accepted their deficiency in service in their email and refunded Rs.2500/- on 09.07.2018 in his bank account as compensation, which is not acceptable for spoiling his once in a life time tour and playing with health and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the entire amount paid to him to the tune of Rs.1,13,526/- alongwith interest at the market rate alongwith an amount of Rs.1,00,000/- as compensation to the complainant and further OPs be directed to pay litigation expenses. Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that the present complaint has been filed by the complainant seeking compensation alongwith other ancillary expenses with respect to poor quality of room and unhygienic food of Hotel Golden Tulip. That at the very outset, all the averments and allegations made against the OPs is denied and may be read as a travesty of facts, except those which are specifically admitted. It is further alleged that the complainant had filed the present frivolous complaint against the OP without any basis and has presented a concocted and false story to justify his claim. The present complaint is liable to be dismissed on the ground of non-joinder of necessary party, as the complaint did not implead the Hotel as OP in the present complaint. That the present complaint is wholly misconceived, groundless, frivolous, vexatious and scurrilous, which is unsustainable in the eyes of law as the same is cooked up and has been filed without justified reason/cause against the OP just to extort illegal sum from OP, hence the present complaint is liable to be dismissed. On merits, the factum in regard to booking of hotel is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied those of the written statement. In order to prove their respective versions, both the parties produced on the file their respective evidence. We have only heard the argument fromcomplainant in person and also gone through the case filevery minutely.On the other hand, the counsel for the OP suffered a statement that he has got no further instructions to appear on behalf of the OP and OP may kindly be intimated about the same as per law. In this case the dispute is only that the complainant is not satisfied with the facilities of the hotel booked by the complainant from the OP/Make My Trip. According to the complainant, during the stay at hotel a CAT was eating his breakfast buffet served in the restaurant and because of this two female members were fallen ill and further for this negligence, the OP refunded Rs.2500/- as compensation to the complainant, which is not acceptable and as such, the present complaint filed by the complainant. To prove his case, the complainant brought on the file many documents i.e. Ex.C-1 Online complaint registered with Consumerhelpline.gov.in, Ex.C-2 Email reply from Hotel, Ex.C-3 Hotel Booking document amount paid, Ex.C-4 Air Ticket booking document amount paid, Ex.C-5 Mobile photo in which CAT eating food from breakfast buffet, Ex.C-6 Bank statement through which payment is made for online booking from Jalandhar. On the other hand, the OP taken a plea in his reply that the complainant has filed the present complaint only for the deficiency in service of the Hotel that was only booked for two nights, whereas the complainant claimed the entire refund including the amount of Air Tickets, which have already been exhausted by the complainant. Further stated that it is not the case of the complainant that against the bookings, the OP did not provide confirmed Air Tickets or confirmed Room Bookings and further the allegations with regard to poor quality of room or food are concerned, the same are not within the domain of OP. However still due to customer centric approach, the OP refunded an amount of Rs.2500/- for the inconvenience caused to the complainant. It is further submitted by the OP that the complainant booked air tickets and hotel through online portal of the OP and before confirmation, the complainant entered into an agreement between the user and the OP. As per the agreement, under the column of ‘Responsibilities of User Vis-à-vis the agreement’, which specifically talk about the responsibilities on the part of both the parties to the agreement, copy of the agreement is Ex.OP-1. However, the User Agreement further stated that the OP, being an agent for facilitating the booking services, shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds and there is no deficiency in service on the part of the OP. To prove his case, the OP brought on the file one affidavit of EkankMehra, Deputy Manager (Legal) as Ex.OP1/A and one document Ex.OP-1 i.e. Agreement between user and Make My Trip. After considering the overall facts, it is established on the file that the OP refunded Rs.2500/- on 09.07.2018 for his deficiency, this fact is very well admitted by the complainant in his complaint in Para No.3. If the OP refunded the amount to the complainant, then there is no need to approach in this Commission and further, complainant submitted in his complaint that after eating the breakfast, two female members were fallen ill and after that he visited local doctor and he provided necessary treatment, but the complainant has not brought on the file any doctor slip, medicine slip and test reports etc., without these documents, how we can understand that the family of the complainant were fallen ill. One question is also arise that when the CAT was eating the breakfast, then the complainant can reject the breakfast and complained the official of the hotel and demanded fresh breakfast, but nothing the complainant do this. The OP has tried their level best to shift the burden upon the hotelier but the fact remains that the OP has failed to show any courage to put questionnaire against the affidavit filed by complainant. The OP has also failed to adduce any evidence in support of their contention in written version. The OP has further failed to produce any document whatsoever in support of their claim. The facts and circumstances of the case clearly indicates that the OP being a travel agency was not only deficient in rendering services towards a 'consumer' like complainant but also indulged in unfair trade practice by accepting money without making arrangement whatsoever for stay of complainant at said hotel. Accordingly, the present complaint is partly allowed and the OP is directed to refund Rs.7831/- (minus amount already refunded, if any). The unethical stand of the OP compelled the complainant to lodge the complaint and to bear the costs of litigation for considerable period and as such OP is directed to Rs.3000/- as costs of litigation. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which they shall make the payment of the amount mentioned above, with interest @ 5% per annum from the date of filing of the present complaint till realization. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.
Announced in open Commission 9th of March 2021 Kuljit Singh (President) Jyotsna (Member) | |
