Delhi

New Delhi

CC/628/2016

Sanjay Prakash Gupta - Complainant(s)

Versus

M/s Make My Trip Pvt Ltd - Opp.Party(s)

11 Jan 2023

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.CC.628/2016

IN THE MATTER OF:

SANJAY PRAKASH GUPTA

SON OF LATE SH. O.P. GUPTA

R/O FLAT NO.255, POCKET V.

MAYUR VIHAR PHASE-1,

DELHI-110091.

...COMPLAINANT

Versus

 

1. MAKE MY TRIP PVT. LTD.

HAVING ITS REGISTERED OFFICE AT

TOWER A, S P INFOCITY 243,

UDYOG VIHAR PHASE-1. GURGAON-122016, HARYANA.

 

2. JUKASO MANU MAHARANI CORBETT

VILLAGE DHIKULI, RAM NAGAR,

NAINITAL-244715 (UTTRAKHAND)

 

CORPORATE SALES OFFICE AT

JUKASO IT SUITES, 1M ID.C.,

MEHRAULI ROAD, GURGAON-122001 (HARYANA)

 

...OPPOSITE PARTIES

 

Quorum:

 

Ms. Poonam Chaudhry, President

Sh. Bariq Ahmad, Member

Sh. Shekhar Chandra, Member

                                                                                                                                     Date of Institution:- 05.10.2016                                                                                                                                                                          Date of Order         :-11.01.2023

 

ORDER

 

BARIQ AHMAD, MEMBER

 

1. The complainant has filed the present complaint against the opposite parties under section 12 of Consumer Protection Act, 1986. The gist of the complaint is that the complainant had booked a LUXURY ROOM at hotel JUKASO MANUMAHARANI RESORT CORBETT. DHIKULI, RAM NAGAR, NAINITAL (UTTRAKHAND) on 9 September, 2016 for two nights, check in 10.9.2016 and checkout 12.9.2016 through OP/Make My Trip Pvt. Ltd. online through their official website MakeMyTrip.com and paid Rs. 9781/- through SBI Credit Card  for the said booking after which  he received a confirmation voucher bearing Booking ID No. NH2102731146317.
2. That the complainant being sure of his confirmed hotel booking started his journey with his wife and minor child late in the morning of 10.9.2016 and reached at the Jukaso Manumaharani Resort, Corbett gate at about 4 P.M. however, when they reached there, they found that there was none in the hotel and the gate of the said hotel/resort was not only locked rather sealed. The complainant then called the said hotel, the person attending the call informed that the resort has been closed as it had been sealed by the authorities pursuant to some National Green Tribunal orders two months back. As a result, they were stranded. The complainant called the customer care of Op-1 and informed them of what had happened, asked for as to how the hotel was booked  when it was closed/sealed. A representative apologized, offer to return the paid amount and a cancellation voucher was also sent to the complainant e-mail.
3. It is stated that the complainant spent Rs.20746/- in another resort namely “Namah” thereby spent Rs.10965/- extra due to willful negligence of OP. The complainant stated that due to acts of OP, failed to provide services to the complainant along with others members and that they were faced with miserable situation, filed the present complaint praying this Forum/Commission to direct the opposite parties to grant the following reliefs:

: To pay Rs.9,75,000/- as compensation for harassment, fear, shock, mental agony and loss of priceless pleasurable moments of life and Rs. 10,965/-as the refund of the amount the complainant had to spent, due to cheating, willful negligence, deficient service of the opposite parties and costs with 15% p.a. interest till the date of realization. Costs of the complaint be awarded.

4. Notice of the complaint was issued to OP`s, Op-1 entered appearance and filed written statement stating that there is no cause of action, no deficiency in service on the part of the Opposite Parties.
5.  It is contended that the complainant and OP-1 are governed by terms and condition agreed between them at the time of booking and as enumerated in the user Agreement and binding between the parties. It is stated that on 20^th  September the complainant  visited the web portal of OP-1 and booked hotel accommodation in Hotel Jukaso Manu Maharani Corbett for two days i.e. from 10.09.2016 to 12.09.2016 and paid an amount of Rs.9,781/- on 09.09.2016.
6. It is stated that due to peak season time the OP-1 could not make any subsequent arrangement for the complainant in the limited time. It is submitted by the OP-1 that booking amount of Rs.9,781/- has been duly refunded to the complainant on 10 September 2016 vide the same transaction through which the booking payment was made.  It is further submitted that owing to some unavoidable circumstances the bookings cannot be honored due to sudden closure/sealing of the Hotel in compliance of the Hon`ble Court Orders/Government`s orders.
7. It is stated that OP-1 offered the complainant to make his own arrangements and assured that additional amount spent/incurred by the complainant would be duly refunded along with the refund of the booking cost.
8. It is stated that the parties are bound to adhere to the terms of the User Agreement (as stated above) and as such the false, frivolous claims of the Complainant do not merit any consideration, the complaint is without any cause of action against OP-1 and prayed for dismissal of the complaint.
9.  Both the parties have filed their evidences by way of affidavit.
10. After closure of the evidence, both the parties had filed written arguments, points for consideration are:

1. Whether there was any deficiency in service on the part of OP`s as complained in the complaint?
2. Whether the complainant is entitled the any reliefs as prayed?
3. To what reliefs?  

11. We have heard argument advance at the Bar and have perused the record.
12. Admittedly, the complainant on 20^th September the complainant visited the web portal of OP-1 and booked hotel accommodation in Hotel Jukaso Manu Maharani Corbett for two days i.e. from 10.09.2016 to 12.09.2016 and paid an amount of Rs.9,781/- on 09.09.2016, the said facts is evidenced under ex. C-1 to C-3).
13.  The counsel  for the OP-1 contended  that due to peak season time the OP-1 could not make any arrangement for the complainant in the limited time. It is submitted by the Op-1 that booking amount of Rs.9,781/- has been duly refunded to the complainant on 10 September 2016 vide the same transaction through which the booking payment was made, the said facts is evidenced Ex-4.  It is further submitted that owing to some unavoidable circumstances the bookings cannot be honored due to sudden closure/sealing of the Hotel in compliance of the Hon`ble Court Orders/Government`s orders.
14.  OP-1 offered the complainant to make his own arrangements and assured that additional amount spent/incurred by the complainant would be duly refunded along with the refund of the booking cost. However, no additional amount spent/incurred by the complainant refunded, the OP stated that a refund of an additional amount spent is not possible as per the company policy as such, the complainant alleged deficiency in service on the part of O.P`s. an additional  amount  spent is evidenced Ex.C-5. As per contention of OP, the complainant was informed well in advance about the terms and conditions of its company according to which, the complainant was not entitled for any additional refund.
15.   The complainant in the present case has booked tickets on 09^th September 2016, however the booked hotel/resort sealed prior of booking the tour tickets accommodation, the OP was under a duty not to booked a sealed hotel. Further the OP also had sufficient time to cancel the services of hotel, and informed to the complainant but the OP has not done so. The OP No.1 also failed to file any cogent evidence to show that Op-1 had paid the hotel cost for accommodation to OP No.2.
16. The OP No.1 have claimed themselves to be of a reputed and highly acclaimed tour and travel company having presence in all major parts of India and abroad and acts as a facilitator for booking of Air Tickets, Bus Tickets, Hotel, organized national and international tours.
17. The OP with such a good reputation and maintaining good relation with various service providers as a facilitator in India and abroad will definitely not to have any problem in cancellation of the bookings with various service providers. As in the regular course of businesses of OP, such cancellations of bookings or alternative hotels do take place in the day-to-day business and it cannot deny the alternative booking and refund of additional amount paid.

More so, the OP`s herein have not provided any services to the complainant in turn have not availed the services of OP in the facts and circumstances of the case, We, feel that additional amount spent and paid by the complainant to be refunded by the OP`s.

 We thus hold that service of OP No.1 was deficient, thereby, failed to provide services to the complainant along with others members and that they were faced with miserable situation. Hence, We, direct the OP No.1 to pay to the complainant a sum of Rs.10965/- (Rupees Ten Thousand Nine Hundred Sixty-Five Only) spent and paid extra in resort namely “Namah” along with 9% interest P.A. from 10.09.2016 till date of realization, and further Pay to the complainant a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards compensation which will also include the cost of litigation. The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP No.1 within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 12% per annum from the date of this order till recovery of the said amount.

This final order be sent to server ( www.confonet.nic.in ).

A copy each of this order each be sent to both parties free of cost by post.

Announced in open Forum on 11.01.2023.

 

(POONAM CHAUDHRY)

President

 

 

 

 (BARIQ AHMAD)                                                   (SHEKHAR CHANDRA)

            Member                                                                        Member