Chandigarh

DF-II

CC/683/2022

RAVISH SAINI - Complainant(s)

Versus

YATRA.COM - Opp.Party(s)

12 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	683 of 2022
Date  of  Institution	:	21.09.2022
Date   of   Decision	:	12.10.2023

 

 

 

 

 

Ravish Saini s/o Sh.Jarnail Singh, R/o 2666, Sector 28-C, Chandigarh

            …..Complainant

 

 

Versus

 

YATRA.COM, Gulf Adiba, 4^th Floor, Plot No.272, Phase-II, Udyog Vihar, Sector 20, Gurugram, Haryana 122008

 

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

                               

Argued by    : Ms.Gagandeep, Wife/Representaive of complainant

   None for OP

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

        The complainant has filed the present complaint pleading that he has booked a Holiday Package for an amount of Rs.73,477/-, to be traveled from Chandigarh to Srinagar including flight travel charges, stay charges and transportation charges from Yatra.com. The entire amount was paid by the complainant to the OP before the travel but when the complainant reached at the Hotel Lake Resort, Srinagar, they came to know that no booking was made in their name.  As the complainant was with an infant and aged parents, he immediately booked the hotel by paying again to hotel and tried to contact the OP but no one responded and the complainant has to pay the hotel bill of Rs.3500/- again despite making advance payment to the OP.  The same thing happened at Himalayan Hill Resort, Pahalgam.  As the complainant was with an infant and his aged parent so he suffered harassment at the hands of the OP for non-payment by the OP to Hotels which it duly received from the complainant and the OP refunded the bill amount after more than one month after many reminders and requests. Lastly the complainant prayed for acceptance of the complaint along with compensation of R.50,000/- to be paid by the OP to the complainant.

 

2]       After service of notice upon the OP, the OP appeared before this Commission and filed written version taking preliminary objection, denying all the allegations made against it.  The OP took preliminary objection that this Commission has no territorial jurisdiction to try the present complaint as per the User Agreement Clause 21, it has been decided by the parties that exclusive jurisdiction of the courts of Gurgaon, Haryana will have the territorial jurisdiction to try and decide the dispute between the parties. Further, the OP took objection that the OP is merely a facilitator of services and it provides only the platform to the customers to meet their requirements.  Lastly the OP prayed to dismiss the complaint with cost.

 

3]       The complainant filed replication to the written version of the OP taking specific stand that there is deficiency in service on the part of OP as no payment was made to both the Hotels prior to arrival of the complainants at the Hotels whereas the complainant has made the total payment to the OP 20 days before the travel.  Thus, the act of OP of not paying the amount to the concerned Hotels before arrival of the complainant amounts to deficiency for which the complainant should be compensated.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the Representative of the complainant and have gone through the entire record.

6]       The main question involved in the present complaint is that whether there is any deficiency in service on the part of OP or not ?

         The second question involved in present complaint is that whether the complainant is entitled to any compensation in case there is any deficiency in service on the part of OP ?

 

7]       Regarding the territorial jurisdiction of the District Commission, Section 34(2) of the Consumer Protection Act, 2019 specify as under:-

 

“34 (2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,—

(a)       the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or

(b)       any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or

(c)        the cause of action, wholly or in part, arises; or

(d)       the complainant resides or personally works for gain.”

 

         Since the complainant is residing at Chandigarh, therefore, he has the right to file the present consumer complaint at Chandigarh and therefore, the objection of the OP this Commission has no territory jurisdiction to try the present compliant is rejected.

 

8]       In the present complaint, the complainant has alleged that the OP has received the whole amount of payment 20 days from the complainant before the complainant start their ‘travel’ but the OP had not made any payment to the concerned Hotels where the complainant and his family members were supposed to stay.  When the complainant with his aged parents and an infant reached at the Hotels, they refused to accommodate them on the ground that they have not received any payment from the OP on behalf of the complainant till that date and in compulsion, the complainant had to made payment again to those Hotels. Definitely it amounts to deficiency in service on the part of OP, when the OP did not make payment to the concerned Hotels before complainant’s arrival at those Hotels despite the fact that they have already received the whole amount 20 days earlier to their travel.  Certainly it has caused physical harassment, mental agony to the complainant when he was forced to make the payment again and faced the situation that the booking was not confirmed.  The very purpose of travelling is to enjoy the site and place where one feels in being in a free state of mind and that is the reason the complainant has paid the whole amount in advance to OP so that he and his family may enjoy the trip of Hill station.  Naturally the OP by not paying the advance amount to the concerned Hotels spoiled the trip of the complainant and his family members and failed to discharge its duty as a facilitator.  The OP has taken the stand that it is only a facilitator of the services which are to be provided by the third party, but it is noteworthy in this complaint that the OP did not discharge his duty of being facilitator as it has not paid the advance amount received from the complainant to the concerned Hotel before the date of arrival of the complainant.  Has the OP being a facilitator paid the amount to the third party in time, then the complainant and his family members would not have suffered at the hand of OP for not getting the rooms of the concerned Hotel booked well in time.

 

9]       Taking into consideration the above facts & circumstances, it is proved that the OP remained deficient in providing service to the complainant of a facilitator which he was duty bound by paying the advance amount to the third party and therefore, they are liable to pay compensation to the complainant.  Accordingly, the present complaint is allowed with directions to the OP to pay a lumpsum compensation of Rupees Twenty Thousand Only (Rs.20,000/-) to the complainant on account of physical harassment & mental agony suffered by him and his family member during travel due to deficiency in service on the part of OP. 

        This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order.      

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

12.10.2023                                                                         

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER