IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 28th day of February, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No.89/2020 (Filed on 15/02/2020)
Complainant : Prafin, S/o Joseph Zacharia
Palathinkal House, Kodimath
Kottayam South P.O, Kerala
(By Adv.Avaneesh V.N)
Vs
Opposite party : The Managing Director
Oravel Stays Private Ltd
Unit -325, B-2 Tower
Spaze I-Tech Park
Sohna Road, Sector -49
Gurgaon-122002, Haryana.
(By Adv.Manu J Varappally)
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 12 of the consumer protection Act 1986.
The brief facts of the complaint are as follows. The complainant is a user of the opposite party’s app ‘OYO’. The complainant made a paid booking for 3 guests in 2 rooms as per booking No. HGFR1698 at OYO 60659 Indraprastha Beach Resort, Varkala on 06/10/2019. The complainant paid an amount of Rs.2,411/- via google pay. When the complainant and his parents went to check in on 06/10/2019 at 7 pm the hotel authorities informed that Indraprastha Beach Resort has severed all their ties with the opposite party and declined to provide the accommodation. Since no rooms were available in the locality the complainant was compelled to return to Kottayam.
When the matter was informed to the opposite party, they have promised to refund the booking amount within 7 to 14 days. The opposite party failed to give the refund of the booking amount as promised. This act on the part of the opposite party is deficiency in service. This complaint is filed for refund of the booking amount along with taxi fare of Rs.5,000/- and compensation of Rs.10,000/- for the inconvenience and hardships caused to the complainant.
On admission of the complaint copy of the complaint was duly served to the opposite party. The opposite party appeared and filed their version.
The version of the opposite party is as follows. The complainant had made a booking for the stay at Indraprastha Beach Resort from 06/10/2019 to 07/10/2019 for 3 persons and paid Rs.2,411/-. The complainant notified about the issues faced, on 07/10/2019. Immediately a letter of apology was sent to the complainant and thereafter initiated refund process to credit Rs.2,411/- to the account of the complainant. But the refund failed due to technical issues and the complainant was addressed to get account details to process the refund of Rs.2,411/-.
The opposite party had executed marketing and operational consulting agreement with the Hotel dated 07.09.2019 and is active when the complainant created the booking. As per this agreement if check-in is denied for a confirmed booking, hotel shall provide alternate accommodation of comparable standards failing which a penalty of twice the booking amount/cost of alternate accommodation provided by OYO, whichever is higher will be charged.
The opposite party never promised to pay Rs.5,000/- against the taxi fare. The opposite party was willing to refund Rs.2,411/- if the complainant shares the bank account details with the opposite party. The liability of OYO to the user for any claim arising out of availing OYO services shall be limited to the amount equivalent to the price paid for the product and services giving rise to the claim. There is no deficiency in service or unfair trade practice on the part of the opposite party.
The complainant filed proof affidavit and marked documents Exhibit A1 to A7. The opposite party filed proof affidavit and marked documents Exhibit B1 to B4.
On the basis of the complaint, version of the opposite party and evidence adduced we would like to consider the following points.
- Whether there is deficiency in service on the part of the opposite party.
- If so what are the reliefs and costs.
Points 1 and 2
On analyzing the complaint, version of the opposite party and evidence on record it is evident that both parties agree that the complainant had made a booking on 06.10.2019 for the stay of 3 persons from 06.10.2019 to 07.10.2019 at Indraprastha Beach Resort,Varkala and paid Rs.2,411/-. Exhibit A1 is the email for the booking confirmation. The complainant was denied accommodation as per the Exhibit A1 booking confirmation. On getting notified by the complainant the opposite party issued Exhibit A2 mail and promised that the booking amount Rs.2,411/- will be refunded and the amount will be credited to the account of the complainant within 7 to 14 working days. Even though the opposite party admits that they failed to provide the refund due to technical reasons, they failed to produce any evidence to show that the refund was declined by any banks.
It is clear that the opposite party failed to give the refund as promised in Exhibit A2 within 7 to 14 days to the complainant. This act on the part of the opposite party is deficiency in service. Moreover the complainant faced much difficulties by the denial of the confirmed Hotel booking on 06.10.2019, for which the opposite party is liable to compensate the complainant.
On the basis of the above discussed findings we allow the complaint and pass the following orders.
- The opposite party is directed to pay Rs.2,411/- with 9% interest from 06.10.2019 to the complainant till realization.
- The opposite party is directed to pay Rs.5,000/- as compensation for the mental agony and sufferings with cost Rs.2,000/-
The order shall be complied within 30 days from the date of receipt of the copy of this order. If not complied as ordered, the compensation amount will carry 9% interest from the date of this order till realization.
Pronounced in the Open Commission on this the 28th day of February, 2023.
Sri. K.M. Anto, Member sd/-
Sri. Manulal.V.S, President sd/-
Smt.Bindhu.R, Member sd/-
Appendix
Exhibits marked from the side of complainant.
A1- Copy of the G-mail from OYO 60659 Indraprastha Beach Resort dated 06.10.2019 at 2.36 p.m.
A2- Copy of the Gmail dated 07.10.2019 at 3.09 p.m.
A3- Trip sheet for contract carriage dated 06.10.2019.
A4- Copy of the Gmail dated 07.10.2019 at 3.09 p.m.
A5- Copy of the registered lawyer’s notice dated 16.12.2019.
A6- Postal receipt.
A7- Postal acknowledgment card.
Exhibits marked from the side of opposite party.
B1- Copy of letter from OYO Hotels and Homes Private Limited dated 22.02.2022.
B2- Order of the National Company Law Tribunal Ahmedabad Bench
B3- Marketing and operational consulting agreement of OYO Hotels and Home of India.
B4- Guest policies for OYO Hotels and Home of India
By order
sd/-
Assistant Registrar
