Price More On Website Compared To Hotel Desk, Chandigarh District Commission Holds MakeMyTrip Liable

Brief Facts:

In December 2019, relying on the recommendation of MakeMyTrip (“MMT”) website, the Complainant reserved a three-bed A.C. room at the Kuber by Sky Stays hotel in Dwarka for a one-night stay from December 30th-31st. Upon arrival, the Complainant was dismayed to find the room in a deplorable state, with unclean surroundings, soiled bedding, and an inadequately maintained bathroom, including an unclean toilet seat. A complaint was lodged by the Complainant on the hotel's website, to which the MMT offered a refund of Rs. 1,500/-, but the Complainant declined. There was a significant discrepancy between the amount charged to the Complainant for the room (Rs. 6,000/-) and the rate (Rs. 2,200/-) offered to other guests at the hotel desk. Despite the unsatisfactory conditions, the Complainant spent the night in the substandard room and departed the following morning. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (“District Commission”) against MMT.

MMT argued that the Complainant acted in bad faith by withholding material facts and circumstances. It argued that that it has a reputable standing in the market and is committed to providing exemplary services to numerous consumers. It stated that it merely facilitated bookings on behalf of customers and acted as an intermediary between the Complainant and the hotel. It claimed that it addressed the issue with the hotel upon the Complainant's complaint, offering a 25% refund initially, which was refused, followed by a 50% refund of the total cost, ultimately accepted by the Complainant. It contended that the Complainant thereby waived his right to pursue the present complaint. Additionally, as a goodwill gesture, it expressed readiness to refund Rs. 6,026/- to the Complainant to settle the matter.

Observations by the District Commission:

The District Commission noted that MMT charged the Complainant an amount of Rs. 6000/- for the rental of a room, while it was revealed that the same room was available for Rs. 2200/-. The bench held that this stark difference of Rs. 3800/- clearly indicated an instance of unfair trade practice on the part of MMT. It held that the overcharging constituted a breach of trust and fairness in the transaction between the Complainant and MMT. However, it noted that MMT agreed to refund Rs. 6026/- to the Complainant as a goodwill gesture.

Therefore, the District Commission directed MMT to refund the sum of Rs. 6026/- to the Complainant within a stipulated timeframe of 90 days. Additionally, in recognition of the inconvenience and dissatisfaction caused to the Complainant due to the unfair trade practice, the District Commission ordered MMT to pay lump-sum compensation of Rs. 5000/- to the Complainant.

Case Title: Vishal Gupta vs M/s Make My Trip India Pvt. Ltd and Anr.

Case Number: 293/2020

Date of Order: 09.05.2024