Man Miss Cricket World Cup Match Hotel Cancellation Wins Rs 20000

A district consumer forum in Punjab has directed Make My Trip and two hotels to pay Rs 20,000 in compensation and litigation expenses to a man who was unable to attend the 2023 ICC World Cup cricket match between India and New Zealand due to cancellation of his hotel bookings. A bench comprising Harveen Bhardwaj (president), Jyotsna (member) and Jaswant Singh Dhillon (member) of the Jalandhar District Consumer Dispute Redressal Commission was hearing a complaint filed by the man who had booked hotel rooms in Dharamshala through the online travel services firm for October 22, 2023, to attend the World Cup cricket match but the hotels cancelled the bookings citing renovation work. "The complainant had specifically planned his trip for the ICC Cricket World Cup Match and had already purchased match tickets. Cancellation of confirmed bookings during peak event season naturally caused inconvenience, disappointment and mental harassment to the complainant," the May 18 order read. The complainant was a manufacturer of cricket goods and had a tie-up with leading national and international cricket players, and hence intended to visit Dharamshala on October 22, 2023, to watch the World Cup cricket match between India and New Zealand. On June 12, 2023, he booked two hotels in Dharamshala through the Make My Trip website for October 22, 2023, to see the World Cup, and he also planned to meet with players as India was hosting the international event. He paid in advance a sum of Rs 15,394 (Rs 8,961 and Rs 6,433) in total for both the bookings. On August 1, 2023, he was informed over the phone that the website had received an email from both hotels stating that they would not be able to accommodate him because the hotels would be under renovation. Both the bookings were cancelled, and all good hotels in Dharamshala were already booked at 10 times the price of this booking, as there were limited hotels in the place and it was a heavily anticipated India match day, he alleged. The man was offered cheaper hotel rooms by the website employee, but he refused as he was not ready to stay in such rooms. The website and hotels cancelled his booking without any justified excuse due to the heavy demand for hotels at higher prices, he alleged, adding that he was also given a refund voucher for the said bookings. However, he was unable to visit Dharamshala to see the live match. The man also sent a legal notice to the website, but no response was received and hence he was forced to file a consumer complaint. Facts twisted: Website's counsel Advocate A K Gandhi, appearing for the website, contended that the man was trying to gain undue advantage by misrepresenting and twisting facts and circumstances. It was stated that the man could not seek any relief from the website as the complaint was frivolous, made with bad intentions, and lacked merit. The counsel also argued that the website was merely an online intermediary, providing platform for hotel bookings through its website and mobile application, and that all transactions are governed by its User Agreement and Terms of Service. It was submitted that the bookings were duly confirmed and the work of the website as an intermediary was complete. However, one of the hotels later cancelled the booking on account of renovation/construction work and the other also declined confirmation of the booking. The counsel argued that alternate accommodations and reimbursement up to Rs 3,000 per booking were offered to the man, but he refused it. It was also submitted that since the website was an intermediary under the Information Technology Act, it could not be held liable for acts of hotels or service providers. Website not absolved of liability: Court The consumer forum said the website's argument that hotels cancelled the bookings due to renovation could not absolve it completely from liability because the entire booking transaction was conducted through the website and payment was also received through it. The man had specifically planned his trip for the ICC Cricket World Cup match and had already purchased match tickets. The cancellation of confirmed bookings during peak season naturally caused him trouble and disappointment. The website had offered alternative accommodations and reimbursement which was refused by the man, and the entire booking amount was also refunded. Hence, the compensation sought appeared to be overstated and was not supported by evidence of actual financial loss. Rs 20,000 payout The consumer forum held the cancellation of confirmed hotel bookings by the website to be a deficiency in service and unfair trade practice, as the website had acted as an interface between consumer and hotels and was not able to ensure compliance with the confirmed bookings. Accordingly, it ordered the website and the hotels to pay a combined compensation of Rs 10,000 to the man for mental agony, harassment and deficiency in service. Litigation expenses of Rs 10,000 were also awarded. Significance The ruling establishes the obligation of websites and intermediaries to actually ensure compliance with bookings promised to the consumers and that the concerns of the consumers must not be ignored, causing them unnecessary inconvenience. Consumers must also pursue their complaints in before appropriate forums so that the companies and service providers at fault are held accountable for their actions. For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Punjab helpline:0800-22577) or call the National Consumer Helpline at 1915 for assistance.