BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.499 OF 2022 AGAINST ORDERS IN CC.NO.555 OF 2019, DISTRICT CONSUMER COMMISSION-III, HYDERABAD Between:

1. Make My Trip (India) Pvt.Ltd., Represented by Authorized Signatory, ABK-OLBEE Plaza, Road No.1, Banjara Hills, Opp: Care Hospital, Hyderabad – 500 034.

2. M/s.Make My Trip India Pvt.Ltd., 19th Floor, Tower A/B/C Epitome Building No.5, DLF Cyber City, DLF Phase III, Gurugram Haryana – 122002. .…Appellants/Opp.Parties 1&2 And Srinivas Yalamanchi, S/o.Y.Balaram, Plot No.540/7, Gayatheri Residency, Phase VI KPHB Colony, Hyderabad – 500072.

…..Respondent/Complainant Counsel for the Appellants/Opp.Parties 1&2 : M/s. A.Naveen Kumar Counsel for the Respondent/Complainant : M/s.Pranay Sohini QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-charge President)

1. This appeal is filed by the Opposite Party U/s.41 of Consumer Protection Act, 2019, praying this Commission to allow the present appeal; and/or set aside the impugned order dated 12.04.2022 passed by the Ld.District Consumer Disputes Redressal Commission-III, Hyderabad, in the Consumer Complaint No.555 of 2019 and pass such other/or further order(s) which this Commission may deem fit and proper in the facts and circumstances of the case.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellants are the Opposite Parties and the Respondent is the Complainant in CC.No.555/2019.

3. Briefly stated, the facts are that – The Complainant along with his friends wished to visit Simla and made their hotel booking through Make My Trip. On 22.09.2019, tickets were booked for 15 people and room reservations were made through the Opposite Party for Oyo Hotels. The entire amount of Rs.13,257/- was paid in advance to the Opposite Party and they in turn sent the confirmation for the rooms from 04.10.2019 to 06.10.2019 for 15 members. The Complainant alleges that once they reached the holiday destination and called Oyo Hotel number, there was no response and the Google Map location sent by Opposite Party was also wrong. The Complainant pleaded with the Opposite Party to make alternate arrangements as they were without any shelter despite having paid the amounts in advance. The complaint is instituted for the trauma and physical discomforts suffered by all of them.

4. The Opposite Party filed their written version stating that they are engaged in the business of E-Commerce and offer online platform to book travel tickets, accommodation, holiday package etc. It is for the service providers who are registered with them. „Oyo Hotels‟ is one such service provider registered with them. This Opposite Party is only an intermediary and has no direct control over the day-to-day operations of the said hotel. The present complaint suffers from non-joinder of necessary parties and is thus liable to be dismissed. It is further submitted that the amount of refund of Rs.13,257/- as sought by the Complainant has been provided by the Opposite Party along with compensation of Rs.7,500/-. The Complainant has still proceeded to file a frivolous complaint and is liable to be dismissed on this ground alone.

5. Before the District Commission, the Complainant filed evidence affidavit and got marked Ex.A1 to A4 on his behalf. On behalf of Opposite Parties filed evidence affidavit and Ex.B1 & B2 are marked on their behalf.

6. The District Commission after hearing and considering the material on record, partly allowed the complaint directing the Opposite Parties jointly and severally to pay to the Complainant an amount of Rs.13,257/- along with interest @ 12% p.a. to till its realization; to pay a sum of Rs.10,000/- to each person i.e., total person (10,000 x 15 = 1,50,000/-) as punitive damages for causing inconvenience, mental agony a