Karnataka

Kolar

CC/147/2023

ALEX M - Complainant(s)

Versus

MAKEMYTRIP INDIA PVT.LTD, - Opp.Party(s)

06 May 2024

ORDER

Date of Filing: 11/12/2023

Date of Order: 06/05/2024

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

Dated:06^th DAY OF MAY 2024

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO:147/2023

 

Alex. M

S/o Muniswamy,

R/at: Madhushree Nilaya,

Jayanagar 8^th Cross,

Kolar Taluk,

Kolar District.

(Rep. by In-Person)                                     ….  Complainant.

 

                                                                                                                - V/s –

Makemy Trip India Private Limited,

502/9, Circular Road,

Opp. Mehta Garments,

New Colony Sector 7,

Gurugram(D),

Haryana-122002.

(Rep. by Sri. B. Kumar, Advocate)            ……Opposite Party.

                                                                                                                                     

-: ORDER:-

BY SRI. SYED ANSER KALEEM, PRESIDENT

1. This is the complaint filed under section 35 of the Consumer Protection Act 2019 against the OP alleging the booking service of the room is not provided at the abroad and hence seeking for relief of the booking amount of Rs.50,200/- along with compensation of Rs.4,00,000/-and for which the whole trip of the complainant collapse.  Hence the present complainant.

 

2.   The brief fact of the complaint is that, the complainant is a party in person states that, he had booked the Hotel ticket at “Arabian court yard hotel and Spa Bur Dubai” through OP on 11/09/2023 for 5 nights and 6 days i.e from 24/09/2023 to 29/09/2023 and the complainant received the booking confirmation email bearing                ID No. NH73055280810900.  It is stated that, when the complainant and his wife and aged parents reached to the booking confirmed Hotel at Dubai on 24/09/2023 at about 9:30 AM, but the executive of the hotel informed that, there was no such booking in his name and they have not received any email communication from Make My Trip (OP).  Further states that, when the complainant attempted to contact OP through roaming call but the OP did not respond to him whereas, after one hour one Mr. Arman informed that, they will discuss with the hotel management and resolve the problem within 10 minutes, but there was no fruitful result.  Thereafter, complainant wrote a complaint mail to Make My Trip but there was no reply from their end and thereby complainant and his family members left the hotel without checking in.  That the complainant alleges that, due to act of the OP, his whole trip got collapsed due to change in pick up and drop location and caused extra expenditure to the complainant.  Hence by filing this complaint that, the complainant seeking refund of the booking amount of Rs.50,200/- along with compensation of Rs.4,00,000/-.  Hence this complaint.

 

3. On issuance of notice, OP appeared through his counsel and filed its version.

 

4.   In the version it is contended that, complaint is not maintainable either on merits or on law and the same is filed on the basis of conjectures and surmises.  It is also contended that, there is no deficiency of service committed by the OP and the complaint is filed with molofide intention.  It is also contended that, OP is not liable for any alleged deficiency in service, when it is a case where the concerned hotel not honor the reservation made by the complainant through OP.  It is also submitted that, on receipt of complaint raised by complainant OP duly refunded the booking amount of Rs.50,200/-on 09/11/2023 vide refund reference No. 654c8aa6bf20a upon approval of hotel in question.  It is contended that, OP tried his best to make efforts to assist the complainant.  It is contended that, complainant had not approached this Commission with clean hands.  Further contended that, complainant had not disclosed the vital information of refund of booking amount and the complaint is filed with molofide intention.  It is also contended that, complaint is bad in law on the ground of non-joinder of necessary and proper party i.e Hotel in question, but the OP merely acts has a facilitator to enable the user to book hotel rooms, OP has no control or authority over the logistics of the Hotel and therefore is not liable for any loss, direct or incidental.

 

5. It is contended that, Hotel room booking in the present are governed by the terms and conditions agreed between complainant and OP at the time of booking.  Hence contended that, this Commission has no jurisdiction to interfere in the matter as the complainant as to approach to Civil court only.  Further contended that, OP is a private limited company duly incorporated under the companies Act 1956 established in 2000.  Further the OP is well reputed and highly acclaimed to and a travel company.  It is contended that, the Hotel accommodation is the sole discretion of service provider/Hotel in question, OP in no manner can be held liable for denial of accommodation.  Further OP denied all the allegations of the complainant.  Further OP on the basis of above grounds prays to dismiss the complaint with exemplary cost.

 

6. In order to prove the case of the parties and both parties filed their affidavit evidence.

 

7. On the basis of the pleadings of the parties, the following points will do arise for our consideration.

 

1. Whether the complainant proves deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the relief as sought in the complaint?
3. What Order?

We have heard the arguments of both parties and perused the evidence placed on record.

Our answers to the above points as under:

Point No. (1) & (2):-   In the Affirmative.

Point No. (3):-            As per the final orders

                                 for the following

                                  

                              REASONS

8. Point No.(1) & (2):-  On perusal of the pleadings of the parties and evidence placed on record and we are of the opinion that these two points are interlinked to each other and in order to avoid repetition of discussion of facts and for the sake brevity these points will taken up together for common discussion.

 

9. On perusing the pleadings of the parties, it is undisputed facts that, the complainant was booked the room for accommodation at “Arabian court yard hotel and Spa Bur Dubai” on 11/09/2023 through OP.  Further it is also not in dispute that, the OP confirmed a booking through mail to the complainant.  It is also not in dispute when the complainant when to abroad along with his family members and when he approached the hotel Arabian court yard hotel and Spa Bur Dubai” on 24/09/2023 by that time the hotel authorities not provided the room and informed the complainant no such booking as claimed by the complainant which leads to filing of this complaint.

 

Per contra, OP contended that, the reservation of the room is the discretionary power of the Hotel in question and they are only the facilitator between the complainant and the Hotel and hence they already refunded the amount received from the complainant and thereon, contended that, no deficiency in service committed by the OP.   Also contended that, OP is not liable for any alleged deficiency in service, when it is a case where the concerned hotel not honor the reservation made by the complainant through OP.  If such being the case, on what basis OP will confirm the accommodations to its customers, if customers suffer what action they will take, here the complainant not stated anything about the taking action against the such faulty Hotel. 

 

10. It is worth to note that, complainant generally is not aware of the foreign land and what are all the feasible facilities affordable for him to his budget.  Under such circumstances complainant obviously approached the OP for his tour package to enable him and his family members to stay comfortably in Hotel in question and to enjoy their trip.  Furthermore, it is no doubt OP being the travelling company and facilitator and it is comes under the domain of the C.P. Act.  Furthermore, Make My Trip (OP) is the renowned travelling company and hence many customers by complainant everyday approaching the OP company for their service.  Once money is received by the OP on behalf of the company for accommodation and other things, the OP being the service provider and facilitator they should take all precautionary measure and act diligently and ensure the requirement of the complainant and his family members at the foreign land regarding accommodation/Hotel room, but unfortunately Hotel room is not provided when the complainant approached the Hotel in question and thereon, complainant and his family members obviously suffered a sort of mental agony and when the complainant informed about the non-availability of the room of the much correspondence and after filing the consumer complaint  then only the OP refunded the amount.  On foregoing reasons we have reached to conclusion that, it is the duty of the OP to ensure the confirmation of the accommodation in accordance with the tour package plan of the complainant and his family members, but the OP not acted diligently and their service is deficient.  Hence the complainant is entitled for the compensation of Rs.25,000/-.  Further due to deficiency in service of the OP that, the complainant wander from pillar to post and hence he entitled for cost of litigation to an extent of Rs.2,000/-.  Accordingly we answered the Point No. (1) & (2) in the Affirmative.

 

11. Point No. (3):- On the basis of discussion and reasons assigned while answering Point No.(1) and (2) and thereon we proceed to pass the following order:

 

 

 

•  

1. The complaint is hereby allowed with cost.
2. That the OP i.e “Make My Trip India Private Limited” is hereby directed to pay a sum of Rs.25,000/-as compensation to the complainant.
3. Further OP is directed to comply the orders within 30 days, failing which complainant is entitled for interest @ 7.5% P.a from the date of complaint till its realization and to submit compliance report within 45 days.
4. Send a copy of this order to all the parties to the proceedings at free of cost.

 

                (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 06^th DAY OF MAY 2024)

 

 

        MEMBER                                  PRESIDENT