Delhi

East Delhi

CC/650/2012

SH.V.K SINGH - Complainant(s)

Versus

MAKE MY TRIP - Opp.Party(s)

30 Oct 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                     CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC NO.650/2012
 

Sh.V.K. SINGH(Advocate)

306, LAXMAN PALACE,

19,VEER SAVARKAR BLOCK,

SHAKARPUR,

DELHI-110092

Complainant

 

Vs

 

1. MAKE MY TRIP INDIA PVT. LTD.,

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

ALSO AT.

2^ND FLOOR, PLAZA CINEMA BUILDING

H BLOCK, CONNAUGHT PLACE

NEW DELHI-110001

INDIA

 

2. MR. DEEP KALRA

FOUNDER AND CEO

MAKE MY TRIP.COM

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

 

3. MR. KEYUR JOSHI

CO-FOUNDER AND COO

MAKE MY TRIP.COM

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

 

4. MR. RAJESH MAGOW

CO-FOUNDER AND CFO

MAKE MY TRIP.COM

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

 

5. MR. MOHIT GUPTA

CHIEF MARKETING OFFICER

MAKE MY TRIP.COM

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

 

6. MS. PURVA MISHRA

VICE PRESIDENT

HUMAN RESOURCES

MAKE MY TRIP.COM

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

 

7. MR. DALJIT SINGH

MAKE MY TRIP.COM

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

 

8. MR. GAURAV SAXENA

MAKE MY TRIP.COM

TOWER-A, SP INFOCITY

243, UDYOG VIHAR, PHASE-1 GURGAON,

HARYANA-122016,

INDIA

                        

Opposite Parties

 

                                                                                      Date of Admission - 23/08/2012

                                                                                    Date of Order          - 12/01/2016

ORDER

SH. N. A. ZAIDI, PRESIDENT

This complaint has been filed with the allegation that the Complainant is a practicing lawyer of Delhi. During the Court vacation he used to visit different places outside in the month of June 2012. He made enquiry from the Respondent No.1 for trip to Thailand (Phuket and Bangkok) through Sh. Daljeet Singh (Respondent No.7) contacted the Complainant for booking the trip package and shown the package on the web site which was for Rs.38,000/- approx. for an individual adult. He insisted that the package was sold out and Complainant may make their trip on customized basis. On 07/06/2012 at 5.00pm, he received a call and informed that the seats in Thai Airways are kept on hold but sold out. Again on the next date Sh. Daljeet Singh approached the Complainant for booking on the same Air line on the same date i.e. 13/06/2012 and asked for more amounts. Complainant agreed to take their trip for two adults and two children for Rs.2,04,000/-. They promised to provide best accommodation, travel, sightseeing etc. The payment of Rs.1,66,000/- was made online. The Respondent did not provide itenary. The remaining amount of Rs.1,00,000/- was also paid online. Complainant wife Smt. Prachi Singh is a practicing Lawyer paid Rs.40,000/- from her account. Mr. Gaurav Saxena Respondent No.8 did not provide the details of the Hotel and transfer facility on arrival at Bangkok. They went to Hotel Royal Ivory Nana believing it to be a three star Hotel but unfortunately the Hotel did not fulfill criteria for being a three Star Hotel. The Room was in worst condition, smelly, dirty and having cracks on the wall, torn bed sheets, filthy wash rooms. He took the picture of the Room. The Hotel Management told that they never promised to the Respondent that they have a star quality and it is only a budget Hotel. That Hotel was booked by ITC Bangkok Company Ltd. He tried to contact Sh. Gaurav Saxena & Sh. Daljeet Singh but both denied doing any help to the Complainant. The Complainant within 10 Minutes cancelled the room booking and took the receipt. The amount was not refunded by the Hotel. An E mail was sent to the Respondent but no response. The complainant shifted to Amari Residencies Sukhumvit for which he had to pay an extra cost of 53,00 Baht of Rs.9508.57. The Complainant has claimed Rs.5,00,000/- on account of loss, in convenience occurred and refund of booking amount of Hotel Royal Ivory Nana and the amount which he has paid  to Hotel Amari Residencies and Rs.50,000/- towards cost of litigation.

            Respondent filed their reply wherein they have admitted the booking for the Complainant and his family. The Hotel and other facilities in Thailand is arranged by the ITC Bangkok Company Ltd for the answering Respondent as it’s Vendor in Thailand. They have pleaded that they have made the payment to ITC Bangkok and they have assured the three star booking. As such the ITC Bangkok Company Ltd is necessary party. They have also raised the plea that the allegation of fraud and forgery and cheating are not triable in the Consumer Forum. The details pertaining to the booking were intimated to the Complainant. The costs included around trip return economy class air fare, Visa charges, overseas travel insurance for duration of the tour,  service tour manager, accommodation, transfer etc. The Complainant was received at the Bangkok Airport by ITC Bangkok Ltd and was shifted to Hotel Royale Ivory Nana. On the complaint of the Complainant Respondent contacted Bangkok ITC Co. Ltd to clarify. In their reply on 2 July 2012, they confirmed that the Hotel Royale Ivory Nana is a three star confirmed chain. The Complainant has no right to call for refund after fully utilizing the package in question. This complaint is to be dismissed.

            The Complainant and Respondents have filed on record their Affidavits and Evidence.

            Heard and perused the Record.

            The main dispute in this complaint is with regard to the Hotel accommodation which was to be provided at Bangkok which is not turning out to be a three star facility. The defense of the Respondent is that the booking of the Bangkok is carried out by the Vendor ITC Bangkok Ltd. They have also pleaded a non-joinder of ITC Bangkok Co. Ltd. It has been argued by the Complainant that the Complainant has no contract what so ever with the ITC Bangkok Co. Ltd. As per the admission of the Respondent the entire tour packages were attended by the Respondent. The amount of Rs.2,04,000/- was also paid to the Respondent, as such ITC Bangkok Co. Ltd is not necessary party of this proceedings. The services were promised to be provided by the Respondent and not by the ITC Bangkok as per the booking. The Complainant have filed on record the documents showing that Hotel Royale Ivory Nana was not three star facility. The Complainant have also filed on record the instructions which the Respondent sent to ITC Bangkok Company Ltd which clearly shays that two nights at Royale Ivory Nana was within the knowledge of the Respondent and they cannot take the plea that it was the ITC Bangkok which has carried out the booking without the knowledge of the Respondents. The Complainant has filed along with the complaint the Photographs of the Hotel showing the torn Bed sheets and peels off walls, open wires etc, cracks in the wall are visible in the photographs. The Complainant sent the E mail with annexure F on June 17/12/2015 intimating that they checked out from the Hotel within three minutes and the confirmation from the concerned Hotel. The receipt of the mail has admitted by Sh. Daljeet of Respondent. The Annexure G is the invoice of making payment to another Hotel Amari Residencies. It has been given in writing by the Hotel Royale Ivory Nana that the Complainant checked out within 10 minutes. The case of the Respondent is that they got the confirmation from their Vendor that this facility is a three star facility. Any obligation between the Respondent and ITC Bangkok is not binding upon the Complainant as he is not a party to their agreement. The Photographs which are on record have not been denied, that they were not taken from the room which was allotted to the Complainant by the Hotel Ivory Nana. In these circumstances and taking into consideration the statement on oath of the Complainant and admitted that the Royale Ivory Nana is a budget Hotel. The respondent has been under obligation to provide the facility of three Star Hotel which they fail to provide, it amounts to deficiency in service. The Complainant has already paid the amount for the entire tour, admittedly they have paid 5,300 baht in cash to Hotel Amari Residencies Sukhumvit in Bangkok currency. In these Circumstances they are liable to pay to the Complainant the amount which he has paid for stay at Hotel Amari Residencies Sukhumvit and returned the amount which the Respondent was supposed to pay for the stay of the Complainant at Bangkok.

            We allow this complaint. The Respondent is directed to pay to the Complainant an amount of 5300 baht or Rs.9,800.57 with 9% interest thereon from the date of filing of this Complaint till it is finally paid. We further direct the Respondents to refund to the Complainant the booking amount of Hotel Royale Ivory Nana after providing the details of the amount which was paid to Hotel Ivory Nana with 9% interest thereon from the date of filing of this complaint till it is paid. The Complainant has been put to inconvenience and harassment we award compensation of Rs.50,000/- which shall also include the cost of litigation.

Copy of this order be provided to both the parties.

 

(DR.P.N.TIWARI)                        (POONAM MALHOTRA)                                (N.A.ZAIDI)

         MEMBER                                          MEMBER                                        PRESIDENT