..…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR………………………MEMBER.
SH. OM PARKASH TUTEJA …………………MEMBER
Present: Sh. Bal Krishan, Advocate for the complainant.
Opposite parties no.1 and 2 already exparte.
Opposite party no.3 already given up.
ORDER:-
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).
2. The case of the complainant, in brief, is that complainant had to visit Secundrabad, Telengana in August, 2022 and for his stay arrangement there he got booked a room for two days i.e. 09.08.2022 to 11.08.2022 with Devi Residency (op no.1) through online site of OYO 89833 i.e. op no.2 on 01.08.2022 through mobile phone number of his son Shubham bearing number 74044-09444 by making payment of Rs.798/- through Paytm. That complainant boarded the train on 07.08.2022 from Hisar and reached Secundrabad on 09.08.2022 but surprisingly on reaching there no such hotel was found there on the location given in the online site. After a long search the complainant reached the hotel which was situated at different location and not only this on his arrival there he was told by the staff of op no.1 that all the rooms are booked and there is no room available for him. It is further averred that staff agreed to provide him a room only after making fresh payment of Rs.1000/- and accordingly being left with no option the complainant made payment of Rs.1000/- in cash vide receipt no. 063 dated 10.08.2022 and availed the room for one day. That while his stay at Devi Residency Lodge on 09.08.2022 he got booked a room in the same hotel through one different online platform “AGODA” for next day i.e. for 10th August 2022 through mobile phone of his son by making fresh payment of Rs.506.04 via Paytm and AGODA (op no.3) also booked the room through op no.2. It is further averred that on next day also the same scenario was repeated by the staff and complainant was asked to check out from the hotel by not entertaining the online booking through AGODA and was asked to make fresh payment of Rs.1000/- if he is willing to stay there and in compelling circumstances he made payment and stayed there. That complainant has availed the services of ops by making advance and fresh payments. It is further averred that ops no.2 and 3 are online international platform for booking rooms in hotels and they claim to provide global services and in the era of decreasing global distance a large number of travelers avail their service through online booking platform and complainant also did so but he has been harassed by the ops and they have been deficiency in service and caused unfair trade practice towards the complainant. That op no.1 presented its rooms on the platform of ops no.2 and 3 showing price of Rs.798/- for two days by alluring the complainant in the name of coupon discount and prepaid discount and after trapping the complainant in its grip he has been looted showing non availability of the room at that price and room was made available on the agreement of fresh payment by the complainant. That not only this complainant has been attracted by showing its location at Bhoiguda, Rani Gunj Secunderabad whereas the lodge is situated at Mahankali street. It is further averred that the purpose of complainant to make his stay hassle free in a new city being stranger by booking the hotel in advance was completely defeated by the act and conduct of op no.1 as firstly he had to wander in the city in search of the location and secondly he had to make fresh payment of Rs.2000/-. That ops no.2 and 3 are grossly negligent in providing services to their customer who claim to be a large global platform and are enjoying the business profits being gloves in hands have not even cross verified the factual position and fairness of the hotel to which they have allowed to be a part of their platform and op no.3 does not have even an office in India as per Google search of complainant. The complainant relying upon the credibility of ops has availed their services but has been harassed badly. Hence, this complaint.
3. Notice of the complaint was issued to the ops. Op no.1 failed to appear despite delivery of notice and as such op no.1 was proceeded against exparte. Notice issued to op no.2 received back with the report of refusal and as none appeared on behalf of op no.2 as such op no.2 was also proceeded against exparte. OP no.3 was given up by learned counsel for complainant.
4. The complainant in exparte evidence has tendered his affidavit Ex. CW1/A and documents Annexures C1 to Annexures C6.
5. We have heard learned counsel for the complainant and have gone through the case file.
6. The complainant in order to prove his complaint has furnished his affidavit Ex. CW1/A in which he has reiterated all the contents of his complaint. From the document Annexure C1, it is evident that complainant got booked the room in the hotel of op no.1 through op no.2 for an amount of Rs.798/- and in the said document check in date has been given as Tuesday 09th August 2022 12.00 p.m. onwards and checkout date has been mentioned as Thursday, 11th August, 2022 before 11.00 a.m. From the said document Annexure C1, it is also evident that op no.1 through online platform of op no.2 against the room price of Rs.2456/- for two nights for one guest given coupon discount of Rs.1458/- and prepaid discount of Rs.200/- and charged amount of Rs.798/- from the complainant through op no.2 in advance booking. But however no room was provided by op no.1 to the complainant despite advance booking and ultimately having no other option complainant had to pay another amount of Rs.2000/- to the op no.1 for his stay in the hotel of op no.1 for 10.08.2022 and 11.08.2022 as is evident from documents Annexures C2 and Annexures C3. In the document Annexure C1, the address of the hotel of op no.1 is given as 4-2-263, Old Bhoiguda, Rani Gunj, Secunderabad, Telangana, India, Hyderabad whereas in the documents Annexures C2 and C3 i.e. tax invoices of op no.1, the address of the hotel of op no.1 is mentioned as Mahankali Street, Secunderabad. The complainant also got booked room of op no.1 through online payment of Rs.506.04 for 10th August, 2022 but again op no.1 asked the complainant to check out from the hotel by not entertaining the online booking through AGODA and was asked to make fresh payment of Rs.1000/- and accordingly complainant made payment of Rs.1000/- to the op no.1 for his stay on 10.08.2022 in the room in the hotel of op no.1. As such complainant has been harassed a lot by the ops no.1 and 2 in an unknown and strange city which is located at huge distance from the city of the complainant and ops no.1 and 2 have also shown incorrect location of the hotel on online platform whereas hotel of op no.1 was actually located at Mahankali Street and complainant had to wander the city for locating the address of op no.1 hotel despite advance booking in which address of op no.1 was shown as Old Bhoiguda, Rani Gunj, Secundrabad. The purpose of complainant to book a hotel in advance was thus completely defeated by the act and conduct of ops no.1 and 2 and has been badly harassed by the ops no.1 and 2.
7. In view of our above discussion, we allow the present complaint qua opposite parties no.1 and 2 and direct the opposite parties no.1 and 2 to make refund of the amount of Rs.798/- to the complainant. We also direct the op no.1 to make refund of the another amount of Rs.506.04 received by op no.1 through online from the complainant as despite advance booking another amount of Rs.1000/- was again charged by op no.1 from complainant. We also direct the ops no.1 and 2 to make payment of Rs.20,000/- each (total Rs.40,000/-) as compensation for unnecessary harassment, mental agony etc. and also to pay an amount of Rs.10,000/- (Rs.5000/- each) as litigation expenses to the complainant. The ops no.1 and 2 are liable to comply with this order within a period of 45 days from the date of receipt of this order, failing which complainant will be entitled to receive the above said amounts from ops no.1 and 2 alongwith interest @6% per annum from the date of this order till actual payment. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President Dt. 08.02.2024. District Consumer Disputes Redressal Commission, Sirsa
