OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &
Sri K.K.Mohanty,MEMBERS .
Consumer Complaint No. 78 of 2016
Date of Filling : -31.12.2016.
Date of Order :- 27.09.2019.
- Srinibash Mishra,S/o.Bishnu Mohan Mishra.
- Bishnu Mohan Mishra,S/O.Bhagabat Mishra,
Sl No.1, & 2are at Qtr. No. B/1271,At/P.O/P.S:-
Nalconagar,Dit.Angul,Pin- 759145.
____________________________________________Complainant.
Vrs.
- The C.E.O,Make My Trip India Pvt.Ltd.
- Mr.Rahul Kikani,Make My Trip India Pvt.,Ltd.,
Sl. No.1 and2 are at Tower A,SP Infocity 243,
Udyog Vihar,Phase-1,Gurgaon-122016, Haryana, India
_____________________________________Opp. parties.
For the complainant :- Sri R.K.Maharana & associates(Advs.)
For the opp.parties : - Sri M.K.Panda & associates(Advs.)
: J U D G E M E N T :
Sri K.K.Mohanty,Member.
The complainant has filed this case with prayer to direct the opp.parties to pay compensation of Rs. 2,00,000.00 towards unfair trade practice and deficiency in service along with mental agony and cost of litigation.
2. The complainant’s case runs thus :-
That, on 19.5.2016 the complainant deposited Rs. 3,312.00 and on 24.5.2016 Rs. 2680.00 with the opp.parties towards arrangement of hotel at Darjeeling from 6.6.2016 to 8.6.2016.Accordingly they provided booking ID No. HN2102121564447 and NH 2102121565559 and confirmed booking in Hotel Dezong at Darjeeling. On 6.6.2016 the complainant arrived at Darjeeling and proceeded to Dezong Hotel. The hotel manager refused to provide accommodation and replied that there is no prior booking. However, the complainant moved to other hotel with family and luggage. On 7.6.2016 the complainant contacted the opp.parties who assured to return the money. On 8.6.2016 and 14.6.2016 the opp.parties have refunded the money which they had received earlier to provide hotel accommodation. Being harassed by this sort of negligent act of the opp.parties the complainant has moved to this forum to get compensation and any other relief which is permissible under C.P.Act.
3. The opp.parties have contested the case by filing written version with prayer to dismiss the case with cost on the grounds that due to unavoidable situation the hotel could not be provided and in such conditions the opp.parties are entitled to get back the booking amount and they have all ready refunded the same.
4. It is alleged by the complainant that though he had booked hotel at Darjeeling through the opp.parties and received conformation but after arriving at the point near Dezong hotel at Darjeeling he was harassed and learnt from the hotel manager that no such reservation has been made by the opp.parties. Due to such situation the complainant and his family members became severely perturbed and shocked and moved here and there in the night time by spending huge money and arranged another hotel and stayed there. The allegation of reservation of hotel rooms through the opp.parties by the complainant and the fact of non-reservation by the opp.parties has not been disputed by the opp.parties. The opp.parties have taken a plea and submitted some papers of their company to justify that in case of emergency and unwarranted situations and natural calamities they are not liable for deficit in service and they are liable to refund the cash only which they have received. In this case the opp.parties have not proved or explained as to what natural calamity or grave and unavoidable situations arose for which the hotel rooms could not be provided despite receiving the charges in advance. Therefore, the plea of the opp.parties cannot be accepted and the averments of the complainant that the opp.parties have committed gross negligence and deficit in service as well as unfair trade practice is accepted.
5. The complainant has relied on some decisions claiming high amount of compensation. In all the decisions it is settled that the amount of compensation should be as per actual loss or mental agony sustained by the complainant.
In the decision of State Commission,West Bengal ,First Appal No.A/720/2017 in the case of Make my Trip (India) Pvt.Ltd. Vrs. Dipankar Sen , where it is decided that:-“The compensation of Rs. 2,00,000.00 was reduced and limited to Rs. 50,000.00 as because the incident took place in China faced by the complainant, where there was linguistic and other behavioural problem was to be faced by the complainant”.
In the present case the complainant could arrange another hotel for Rs. 4,000.00 and the incident took place in Darjeeling, which is inside India and nearer to his native place. Admittedly the opp.parties have already returned the booking price of the complainant but due to such deceptive practice of the opp.parties the complainant arranged another hotel by paying more Rs. 1,000.00.
The sine-qua-non for entitlement of compensation is proof of loos or injury suffered by the consumer due to the negligence of the opp.parties. In this case the complainant has sustained direct loss of Rs. 1,000.00 ,mental agony and harassment. Therefore he is entitled to get compensation. Undisputedly the calculation of compensation has to be fair, reasonable and commensurate to the loss, or injury or mental agony suffered by the complainant . This Fora has a bounden duty to take into account all the above relevant factor for arriving at the compensation to be granted.
6. Considering all the above facts we are of the considered view that awarding compensation of Rs. 10,000.00 towards loss, injury and mental agony suffered by the complainant and Rs. 5,000.00 towards cost of litigation would meet the ends of justice.
7. Hence the order :-
:: O R D E R :
The case is disposed of on contest against the opp.parties. The opp.parties have caused deficit in rendering service to the complainant along with unfair trade practices, for which he has sustained loss, injury and mental agony .The opp.parties are directed to pay Rs. 10,000.00 (Rupees Ten Thousand) to the complainant towards compensation for causing deficit in rendering service and unfair trade practices and Rs. 5,000.00 (Rupees Five Thousand) towards cost of litigation within 30 days of getting this order. It is made clear that in case of any deviation of this order, the awarded amount of Rs. 15,000.00 (Rupees Fifteen Thousand) will carry 14% yearly compoundable interest from the 31st day of getting this order till actual payment is made besides any other penalty provided in the C.P.Act.
Order delivered in the open forum today the 27th September,2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra) Sd/- President.
(Sri K.K.Mohanty )
Member. Sd/-
(Smt.S.Mallick),
Member.
