DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  17^th  day of May  2016

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                                  Date of filing: 29/01/2016

               : Sri.V.P.Ananatha Narayanan, Member

                                                      (C.C.No.14/2016)         

Rajasankar.P

S/o.Rajagopal.M.P.

Geethanjali,

Thottakkara, Ottapalam – 2

Kerala – 679 102                                            -        Complainant

(By Adv.K.V.Narayanan) 

Vs

The Chief Executive Officer,

Yatra.com

Yatra Online Private Limited,

1011, 11^th Floor, Tower B,

Unitech Cyber Park, Section 39,

Gurgaon 122001                                            -          Opposite party

O R D E R

By Shri.V.P.Anantha Narayanan, Member.

Brief facts of the case.

The complainant had booked a hotel at Thekkady  in Kerala on 16^th October 2015 for two days from 22^nd October to 24^th October 2015 vide  booking reference No.1610159370 through the online site of the opposite party from Ottapalam in Palakkad District. Rs.16400/- was paid by the complainant  to the opposite party by using debit card and fund was transferred from the Bank  A/c of the complainant which is maintained with South Indian Bank, Ottapalam branch. The opposite party booked the hotel and gave confirmation to the petitioner through e mail on the same day vide Ext.A1. The hotel was booked for 3 adults and one child. As per the terms of booking breakfast and dinner will be provided  free alongwith accommodation as a package. The complainant believed the opposite party’s confirmation and alongwith his family reached Thekkady on 22^nd October 2015 and went to the hotel. At the hotel, the complainant was informed  that no room was booked for him and his family and  there was no vacant room  available on that day.  The hotel officials informed the complainant that they had already informed this matter to the opposite party by e mail on 17^th October 2015 vide Ext.A2. But the opposite party failed to inform  the same to the complainant. The complainant then contacted the opposite party’s office from there by land phone of the hotel and the person who attended the telephone  informed him that he would call back after five minutes. Since there was no response from opposite party even after two hours, the complainant searched for a room in a hotel  and because of the pooja holidays no room was available in most of the hotels. After the search for two hours the complainant could get an accommodation at Spice Village. The Spice Village authorities demanded a higher amount for accommodation. After bargaining for a lower price, the complainant checked in there. The Spice Village authorities provided accommodation with breakfast to the complainant. They did not provide dinner, according to the complainant. Consequently the complainant had to incur an additional expense for dinner for two days. The complainant experienced much difficulty in getting a hotel at Thekkady suitable for him and his family because the place was new to them. The complainant  remarked  that the opposite party did not arrange an alternative accommodation to him but simply refunded Rs.16400/- which is the amount paid by the complainant, on 22^nd October 2015 at 8 PM and sent a message to the mobile phone of the complainant.

As the booking was not confirmed, the complainant felt much discomfort, tension and mental agony. The opposite party’s act amounted to deficiency of service.   Even after receiving the payment for the service, the opposite party failed to perform the service needed by the complainant. Complainant paid Rs.25,000/- to the Spice Village, Thekkady for getting a new accommodation instead of Rs.16,400/- agreed by the opposite party earlier. Since the Spice Village did not provide the dinner which was agreed to by  Aranya Nivas, the complainant spent Rs.5000/- towards dinner for two days in a hotel where the buffet dinner charge was Rs.1400/- per head.

The complainant pleads that  due to the negligence on  the part of the opposite party, the complainant suffered mental strain and agony. Because of non availability of the booked hotel  had to take strain for getting a new  accommodation. Hence there is deficiency of service on the part of opposite party for which the opposite party is liable to compensate the complainant. As a result of deficiency of service of the opposite party the complainant had to incur an additional expense of Rs.13600/- being the excess amount paid by him for food and accommodation. The complainant and  his family went from Ottapalam to Thekkady and were stranded without any accommodation.  The complainant sent a message to  opposite party by e mail  asking for compensation for non   receipt of hotel room booked by opposite party vide Ext.A5 and it was confirmed by a letter  marked as Ext.A6. The petitioner also prays to the Forum to order the opposite party to compensate him for mental strain and agony by paying Rs.100000/.  Thus the opposite party is liable to pay Rs.113600/- according to the complainant.    

 The complaint was admitted and notice was issued to both parties. No version and chief affidavit were filed by opposite party. Opposite party was absent since 15/3/2016 after filing Vakkalath.  

From the side of the complainant chief examination affidavit was filed. His documentary evidences were marked as Ext.A1 to A8.

The two issues coming up for consideration  in this case are 

1.Whether there is negligence and deficiency in service on the part of opposite party?

2.If so, what is the relief?

Issue 1& 2

The  complainant booked a hotel at Thekkady in Kerala on 16^th October 2015 for two days from 22 October to 24^th October 2015 as per booking reference No.1610159370 through online site of the opposite party from Ottapalam in Palakkad District and Rs.16,400/- was paid by him to the opposite party by using debit card and fund was transferred from his bank account maintained with South Indian Bank Ottapalam branch vide Ext.A8. On receiving the amount the opposite party booked the hotel and gave confirmation to the complainant through e mail on the same day. The room was booked at Aranya Nivas Thekkady. The hotel was booked for 3 adults and one child. According to the terms of booking breakfast and dinner would be provided free along with accommodation as a package vide Ext.A1.

The complainant alongwith his family reached Thekkady on 22^nd October 2015 to check in at the hotel. When they reached the hotel he was informed that no room was booked in his name and no vacant room was available on that day.  The hotel authorities also informed the complainant that they had already informed the matter to the opposite party by e mail on 17^th October 2015 and the opposite party did not inform the same to him. In the letter marked as Ext.A2 the hotel authorities referred about informing the opposite party of non availability of room by mail on 17/10/2015. The complainant contacted the office of the opposite party by telephone in the hotel and the person who attended his telephone informed him that he would call back after 5 minutes. Because of non response from the opposite party even after two hours the complainant along with his family searched for hotel accommodation and being pooja holidays  he could not find a room in most of the hotels at Thekkady and after two hours of searching got an accommodation at Spice Village. But they demanded a higher amount for accommodation. After bargaining for a lower price the complainant and his family checked in there. They provided them accommodation with breakfast only. They did not provide dinner free. Hence an additional expenditure had to be incurred by the complainant for dinner for two days vide Ext.A3 and A4.

The opposite party refunded Rs.16400/-, the amount paid by the complainant, on 22/10/2015 at 8pm in the evening but did not arrange an alternative accommodation to the complainant and his family. Since the booking was not confirmed, the complainant felt much discomfort, tension and mental agony.

On the basis of the above we find that there was serious deficiency of service and negligence on the part of the opposite party. The opposite party although received communication by mail about non availability of hotel room at Thekkady on as early as 17/10/2015 from Aranya Nivas, Thekkady they did no arrange an alternative accommodation for the complainant and his family from 22/10/15 to 24/10/15. Further the complainants  had to face a lot of difficulties in getting a suitable accommodation for him and his family. This amounts to gross negligence and deficiency of service on the part of opposite party. He also suffered mental agony and stress because Thekkady was a new place to him and his family. For these reasons he should be reasonably compensated. Moreover the complainant had to incur an additional expenditure for accommodation and dinner at Spice Village, Thekkady. In the entries report from 22/10/2015 to 24/10/2015 issued by Spice Village, Thekkady to the complainant as per Ext.A3, net amount received from the complainant was shown as Rs.14350/- after adjusting advance received from the complainant Rs.12,500/- vide Ext.A8.   Thus total amount spent by the complainant on accommodation and dinner was Rs.26,850/-. Since Rs.16,400/- was returned to the complainant by the opposite party on 22/10/2015, the balance amount of Rs.10450/- had to be incurred additionally by the complainant on food and accommodation at Thekkady.  

Hence we allow the complaint and direct the opposite party to pay Rs.10,450/- (Rupees Ten thousand four hundred and fifty only) being additional expenditure incurred by the complainant on food and accommodation at Thekkady. Further for the mental agony and stress  suffered by him and his family because of opposite party’s negligence and deficiency of service a compensation of Rs.3000/- (Rupees Three thousand only) should be paid to them and Rs.1000/- (Rupees One thousand only) should be paid as litigation cost.   

Order shall be complied with within a period of one month from the date of receipt of the order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.   

Pronounced in the open court on this the 17^th day of  May  2016.     

                                                                                       Sd/-

                      Shiny.P.R.

                      President   

                          Sd/-

                      Suma.K.P.

                      Member

                         Sd/-

    V.P.Anantha Narayanan

                 Member

Appendix

Exhibits marked  from the side of complainant

Ext.A1 – Copy of e mail confirming the hotel  booking reference No.1610159370

             by the opposite party.  

Ext.A2  -  Letter given by the Aranya Nivas dated 22/10/15 (original)    

Ext.A3  –  Bill issued by Spice Village (Original) for  Rs.14350/-

Ext.A4  -  Bill issued by Spice Village (Original)  for Rs.1850/-

Ext.A5  - Copy of the e mail sent to the opposite party demanding

               compensation

Ext.A6 – Copy of registered letter sent  to the opposite party alongwith postal

             receipt

Ext.A7 – Details of tracking of the registered letter showing the service of the

             same by postal department

Ext.A8 – Bank Account statement of the complainant for the month of October

             2015.

Exhibits marked from the side of opposite  party

Nil

Cost   

Rs.1000/- allowed as cost of the proceedings