Chandigarh

DF-I

CC/500/2016

Sh. Parminder Pal Singh Tung - Complainant(s)

Versus

Booking.Com India Support & Marketing services Pvt. Ltd. - Opp.Party(s)

Gaurav Bhayyia Gilhotra

03 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/500/2016
Date  of  Institution	:	08/07/2016
Date   of   Decision	:	03/11/2016

 

 

 

 

 

Parminder Pal Singh Tung S/o Sh. Harjinder Pal Singh, R/o House No. 3475, Sector 35-D, Chandigarh.

 …………… Complainant.

VERSUS

 

(1)  Booking.com India Support & Marketing Services Private Limited, through its Director, One Horizon Centre, 14^th Floor, Golf Course Road, DLF Phase-5, Sector 43, Gurgaon, NCR 122002, India.

 

(2)  Aspirants Travels (I) Pvt. Limited, through Ms. Akshita (M) 9266801335, Corporate Office: B-1, 1^st Floor, Sector 57, Noida, Uttar Pradesh – 201301.

 

(3)  Athithi Resort, through its owner of the Resort Avinay Shandl (M) 01899-254148, Khairi Road, Bhanikhet Dalhousie (H.P).

 

(4)  Kotak Mohindra Bank, through its Branch Manager, Sector 9-C, Chandigarh (Deleted vide order dated 12.07.2016).

……………  Opposite Parties

 

BEFORE:    MRS.SURJEET KAUR           PRESIDING MEMBER

           SH.SURESH KUMAR SARDANA    MEMBER

 

For Complainant	:	Complainant in person.
For OPs No. 1 to 3	:	Ex-parte.
For OP No.4	:	Deleted.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

          The factual matrix in epigrammatic form of the present Complaint are that the Complainant booked the Atithi Resort (Opposite Party No.3) for two days i.e. 19.06.2016 and 20.09.2016, through Booking.com (Opposite Party No.1) and on the asking of Opposite Party No.2, he deposited Rs.7500/- towards booking amount. After the booking, when the Complainant went to Dalhousie with his wife and two small children, he was shocked to learn from the Receptionist of the Resort that there was no information regarding his booking. At this, the Complainant got visiting card and talked with the Owner of the Resort, but he straightway refused to entertain him. In these circumstances, the Complainant and his family members were left to search for a hotel for their stay. It was only after putting hard efforts that the Complainant managed an accommodation in the Lal Ji Hotel, Dalhousie and too by paying higher rate. Eventually, the Complainant requested the Opposite Parties to refund the amount paid by him, but to no avail. With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.

 

2.      Since no cause of action has arisen against Opposite Party No.4, hence its name was ordered to be deleted from the array of parties vide order dated 12.007.2017 and notice of the complaint was sent to Opposite Parties No.1 to 3 seeking their version of the case. However, nobody appeared on behalf of Opposite Parties No.1 to 3 despite service, therefore, they were proceeded ex-parte vide order dated 06.09.2016.

 

3.      Complainant led evidence.

 

4.      We have heard the Complainant in person and have also perused the record.   

 

5.      In the present case, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties Nos.1 to 3 who were duly served and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubt that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Parties No.1 to 3 even did not bother to refund the amount paid by the Complainant despite his repeated endeavors. Thus, finding a definite deficiency in service on the part of the Opposite Parties No.1 to 3, we have no other alternative, but to allow the present complaint against them.

 

6.      In the light of above observations, the present complaint succeeds against the Opposite Parties No.1 to 3. The same is allowed qua them. We direct the Opposite Parties No.1 to 3, jointly and severally, as under:- 

 

[a]  To refund Rs.7500/- to the Complainant;

 

[b]  Pay Rs.5,000/- on account of deficiency in service and causing mental and physical harassment to the Complainant; 

 

[c] Pay Rs.3,000/- towards costs of litigation;

 

 

7.      This order shall be complied within 30 days of its receipt by the Opposite Parties No.1 to 3; thereafter, they shall be liable for an interest @9% p.a. on the amount mentioned in sub-paras [a] & [b] above from the date of institution of this complaint, till it is paid, besides complying with the directions as in sub-para [c] above.

 

8.      The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

03rd November,2016                                           

Sd/-

 [SURJEET KAUR]

PRESIDING MEMBER

 

Sd/-                      

[SURESH KUMAR SARDANA]                                                                                                   

“Dutt”