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2026 Supreme(Online)(DC) 37
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
P.V. Jayarajan, President, Preetha G. Nair, Member, Viju V.R., Member
T.S. Ashish – Appellant
Versus
OYO Hotels and Homes Pvt Ltd – Respondent
CC. N0.639/2023
For the Appellants/Petitioners: Party in person
For the Respondents: Nithya.S, K.S.Arundas
A service provider is liable for deficiency in service and unfair trade practice if they fail to honor a confirmed booking and fail to provide a bill/invoice as required under the Consumer Protection (General) Rules, 2020.
Headnote:The complainant filed a complaint under Section 35 of the Consumer Protection Act 2019, alleging deficiency in service after booking a hotel room via a mobile application. Despite paying the full amount in advance, the complainant was denied immediate check-in and was asked for additional payment by the hotel manager, resulting in the complainant leaving the premises without occupying the room. The court found that the failure to provide a bill or invoice violated the Consumer Protection (General) Rules, 2020. The court framed the primary issue as whether there was any "deficiency in service and unfair trade practice on the part of opposite parties." The court reasoned that email communications proved the booking and the complainant's presence at the hotel, and the opposite parties failed to provide a valid defense or respond to the legal notice. The court held that the opposite parties were jointly and severally liable for the mental agony and financial loss caused to the consumer. In the result the complaint is partly allowed.
SRI.P.V. JAYARAJAN, PRESIDENT:
This complaint filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.
This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties. After admitting the complaint notice was issued to the opposite parties to appear before this Commission on 31/01/2024. After accepting the notice, the 1stopposite party entered appearance and filed written version denying the allegations raised by the complainant. After accepting the notice, 2nd opposite party did not appear before this Commission and hence 2nd opposite party was set ex parte on 17/05/2024.
The complainant's contention is that on 09/11/2023, at about 10:30 AM, the complainant in connection with his visit to Puducherry, booked an AC room accommodation at the 2ndopposite party's Hotel named "OYO Hotel 12roomz" through the 1stopposite party's mobile application named "OYO" and the complainant paid the full amount of Rs.414/- through UPI Payment mode. Subsequently, the complainant received a confirmation email from the 1stopposite party company regarding the room booking. The check-in time for the aforesaid room was 12 Noonand the complainant reached at the 2ndopposite party's Hotel at 11:45 AM on 09.11.2023, and the staff of the hotel made a phone call from her mobile phone to the 2ndopposite party property manager and handed over the phone to the complainant. The complainant informed the 2nd opposite party property manager that he had arrived at the hotel and wished to check into the room which he had booked through the 1st opposite party's "OYO APP."Subsequently, the 2nd opposite party property manager demanded an additional Rs.800/- to the complainant for the room which he had already booked. The 2ndopposite party property manager informed the complainant that unless the complainant pays the extra amount, he would not allow the complainant to check in. However, the complainant did not heed to the demands of the 2nd opposite party and contacted the customer care number of the 1st opposite party company and raised a concern regarding the Check in issue. The customer care executive of the 1stopposite party company directed the complainant to share his identity card to their email address. Accordingly, the complainant sent the same to their email address and in pursuant to that the customer care executive arranged a conference call with the Area manager of the 1st opposite party company. The Area Manager assured the complainant that he had instructed the 2nd opposite party property manager to allow the complainant to check in and requested the complainant to wait at the reception counter for 10 minutes. After 10 minutes, the area manager again requested the complainant to wait for an additional 5 minutes, to which the Complainant complied. It is submitted that, thereafter the area manager informed the complainant that the 2nd opposite party property manager had gone outside to have his breakfast, so the complainant would need to wait for an additional 10 minutes. The complainant submits that the complainant had arrived at the hotel for check-in at 11:45 AM and had already waited for about 1 hour until 12:40 PM, as instructed by the area manager and customer care executive of the 1st opposite party company. Thereafter the complainant became tired and left away from the 2nd opposite party's Hotel without occupying the room which the complainant already booked through the "OY0 APP". While leaving the hotel of the 2nd opposite party, the complainant sent an email to the 1st opposite party company that he is leaving the hotel without occupying the room. The complainant submits that the 2nd opposite party property manager, intentionally delayed the check-in with some malicious intention. The complainant further submits that the delay was a direct consequence of the complainant's ref
