Haryana

Ambala

CC/292/2017

Anil Kumar Gambhir - Complainant(s)

Versus

M/s Make My trip India - Opp.Party(s)

16 Jul 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                                          Complaint case no.        : 292 of 2017.

                                                          Date of Institution         : 09.08.2017.

                                                          Date of decision   : 16.07.2018.

 

Anil Gambhir son of Sh.Sai Dutta Mal r/o 2801 Ram Bagh Road, Ambala Cantt.

……. Complainant.

                                  Versus

 

1.Make My Trip Pvt. Ltd. DLF building no.-5 Tower B, DLF Cyber City, DLF Phase 2 Sector 25, Gurgram, Haryana-122002 (Registered Head Office).

2.Make My Trip Pvt. Ltd. Sector 43-44, Level 1, Sector 8C, Madhya Marg, Land Mark near KFC, Chandigarh Pin Code- 160018, (Regional Office).

 

….….Opposite parties.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                   

                  

Present:       Sh. Anil Shanker, Advocate, counsel for complainant.

                   Sh.Mohinder Bindal, counsel for OPs.

 

ORDER

                         The facts, in brief, are that the complainant made bookings for Hotel Hill Queen Mussoorie on 12.04.2017 and the booking was confirmed on booking ID:NH7101748229025. The complainant had booked two rooms for a sum of Rs.24,111/- through credit card. The complainant alongwith his family and friends reached the hotel on 14.04.2017 and was shocked to know that the booking of complainant was cancelled and in this regard information was given to OPs on 13.04.2017. Thereafter, the complainant called the customer care and he was offered another hotel i.e. Silver Rock and also told that accommodation would be provided free of costs and he will get 100 % refund of the deposited amount. The complainant and his friends reached at the said hotel but no accommodation was provided to them, therefore, he had arranged some other hotel to stay in by paying huge amount. The OPs had refunded the amount of booking but failed to compensate him. The act and conduct of the complainant clearly deficiency in service and unfair trade practice on their part. In evidence, the complainant has tendered affidavit Annexure CW1/A and documents Annexure C1 to Annexure C10.

2.                On notice OPs appeared and filed their joint reply wherein it has been submitted that bookings for Hotel Hill Queen, Mussoorie was confirmed under booking ID NH7101748229025 which was cancelled  by the concerned hotel and the Op had provided substitute hotel but the complainant got booked another hotel but due to customer centric approach  the booking amount was refunded to the complainant as admitted by him in para No.9 of the complaint. There is no deficiency in service on the part of Ops. The complainant had booked the hotel through online portal and before confirmation the complainant entered into an agreement between the user and the OP and as per agreement under the column of Responsibilities of user Vis-à-vis the agreement which specifically mentions the responsibilities on the part of both the parties. The complainant has no locus standi to file the present complaint as in the agreement it was agreed that under exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns are unable to honour the confirmed booking due to various reasons like climatic conditions, labour unrest, insolvency, and technical issues, route and flight cancellations etc. then under such circumstances the answering Op if notified in advance shall make best endeavours to provide similar alternative. However, the user agreement further states that the answering 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 or any further resolutions and refunds. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RA and document Annexure R1.

3.                We have gone through the record and heard arguments addressed by the learned Counsel for the parties.

4.                 It is admitted fact that the complainant had booked for hotel Hill Queen Mussoorie on 12.04.2017 and the booking was confirmed on booking ID: NH7101748229025 after deposited Rs.24,111/- for two rooms. Case of the complainant is that as per tour programme complainant reached with friends and family on 14.04.2017 at the booked hotel through online with Op but booking of the rooms was cancelled by the hotel and the hotel management had informed the OP on 13.04.2017.  There is nothing on the file to show that the OP had informed the complainant about cancellation of the booking of the rooms by the hotel Hill Queen Mossoorie. The complainant approached to the OP for asking the hotel management to provide another accommodation but staff of hotel Silver Rock also refused to provide any accommodation due to non-availability of rooms, therefore, complainant had to book two another rooms in the another hotel paying the amount of Rs.26,893/- including food i.e. Rs.20,000/- for room charges and rest of the amount for food charges etc. Due to this process the complainant has suffered a lot up to 11 PM i.e. the time when another accommodation was arranged. It is also admitted by the complainant that OP has refunded the booking amount only but failed to pay the compensation amount. It is common knowledge that if any person booked the hotel/ room for staying if that hotel management cancelled the accommodation at the last hour the consumer has to suffer for searching another hotel at unknown place. Moreover, the OP had confirmed the booking of the hotel and issued the voucher thereof Annexure C4 and also admitted in the reply of the notice dated 03.07.2017 Annexure C3. The OP being a facilitator had the responsibility as it had also returned the booking amount vide Annexure C6 dated 18.04.2017, therefore, there was no need to array any hotel duly booked by the complainant to stay in, hence this plea is not sustainable and rejected. In the present case the OP has even failed to prove on the case file that whether there was any Force Majure Circumstances to cancel the booking made by the complainant, therefore, terms and conditions Annexure R1 is not helpful to the OP. The plea of the OP that this Forum has no jurisdiction to entertain the present complaint but when it is not disputed that the booking was made by the complainant through online by mobile application vide booking id NH7101748229025 Annexure C3 as admitted by OP, therefore, this plea is also rejected. It is certainly complainant has suffered mental agony, harassment because refunding of amount by the OP clearly shows that the OP was in deficiency in service, therefore, the complaint deserves acceptance.

5.                       In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly allowed. The OPs are directed as under:-

1. To pay Rs.10,000/- to the complainant as compensation.
2. To pay to the complainant Rs.5,000/- as costs of litigation and compensation for mental agony and harassment.

This order be complied with by the OPs within thirty days from the date of receipt of its certified copy failing which the compensation amount mentioned at Sr. No.1 would carry interest @ 9 % per annum till its realization. Copy of this judgment be supplied to the parties free of costs. File be consigned to the record room after due compliance

Announced on: 16.07.2018                                             (D.N. ARORA)

                                                                                                     President

 

    

                     (PUSHPENDER KUMAR)

                                                                                            Member