DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.61/2019
P.B Poornachandra Rao
(Through SPA Holder Mr N Manjit Nag)
S/o Late N Vinod Kumar
R/o Qtr No C 20, 1 Ashoka Road,
Telangna Bhavan Staff Quarters,
New Delhi-110001
….Complainant
Versus
M/s OYO Rooms
Through its Chief Executive Officer
9th Floor, Spaze Palazo
Sector-69, Gurugram-122001
….Opposite Party
Date of Institution : 27.02.2019
Date of Order : 14.11.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Kiran Kaushal
1. Complainant has filed the instant complaint through SPA (Special Power Attorney) holder Mr. N. Manjit Nag against OYO Rooms hereinafter referred to as OP.
2. It is stated that Complainant’s relatives were to come from United States on 12.12.2018 to attend Indian Expo Mart which was to be held at Knowledge Park -III, Greater Noida. Complainant booked a room through the website of OP on 01.11.2018 for one day i.e 12.12.2018. Complainant had requested for booking at OYO 23628 Greno House. However, complainant on 10.12.2018 received an SMS from OP wherein it was stated that the Hotel booking of the guests of the complainant was shifted from Knowledge Park-III, Greater Noida to Hotel Akash Palace, D-194 Block-D Sector-51, Noida. Complainant immediately put a request to OP through its Customer Care that Hotel Akash Palace does not suit the Complainant as the same is situated 28 Kms away from the place where the exhibition to be attended by guest was to take place. Acceding to Complainants request OP updated the booking of the complainant to Greno House Knowledge Park-III, Greater Noida and asked the complainant to pay Rs.1906/- for confirmation. Complainant paid Rs.1906/- to OP through the Credit Card.
3. To utter shock and dismay of the complainant when the complainants’ guests reached Greno House Knowledge Park-III, Greater Noida, the management of the hotel refused to provide accommodation to the guests of the Complainant. Complainant did not have any option but to book another accommodation from another website. Complainant paid Rs.5,310/- at Booking.com immediately to get the accommodation for his guests. True copy of proof of booking hotel at booking.com on 12.11.2018 is annexed as Annexure C-7.
4. Aggrieved and embarrassed at the treatment meted out by OP Complainant approached this Commission with prayer to direct OP to pay Rs.1906/- alongwith interest @18% p.a and further prays for directions to OP to pay Rs.1,00,000/- towards damages and compensation to the Complainant with interest @12% p.a.
5. As none appeared on behalf of OP after due service, OP was proceeded exparte vide order dated 17.12.2019.
6. Submissions made on behalf of the complainant are heard. Material placed before us is perused.
7. Averments made by the Complainant have remained uncontroverted and unchallenged therefore, there is no reason to disbelieve the version of the Complainant.
8. Complainant in support his case has annexed true copy of the messages exchanged between the parties and true copy of the Credit Card Account from 07.12.2018 to 02.01.2019.
9. It is the case of the Complainant that Complainant had paid the consideration for room booked and despite confirmation of the same OP failed to provide accommodation to the guests of the Complainant. Complainant’s Credit Card account reveals that Rs.1906/- was paid to OP on 11.12.2018 for confirmation of room booked at Greno House Knowledge Park-III, Greater Noida for 12.12.2018 but upon reaching the said hotel, guests of the complainant were denied accommodation. The Complainant was left with no option but to get another room booked. Complainant paid Rs.5,529.30/- on another online portal i.e Booking.com on 12.12.2018, which leads us to the conclusion that as OP denied accommodation to Complainant’s guests , Complainant made alternate arrangement from Booking.com.
10. In view of the discussion above, we allow the complaint and hold OP guilty of deficiency in service and for indulging in unfair trade practice as OP after receiving the consideration amount did not provide the services promised. Therefore, OP is directed to refund Rs.1906/- to the Complainant @8% p.a within 03 months.
11. Additionally, OP is directed to pay Rs.20,000/- towards harassment and inconvenience caused to the Complainant’s guests. The amount stated shall be paid by OP within 03 months from the order failing which OP shall pay Rs.1906/- @15% p.a till realization.
File be consigned to the record room and order be uploaded on the website.
