Overcharging, Forcing Guests To Opt For Dinner At High Rates Is 'Deficiency In Service': Delhi District Commission Holds Make My Trip And Clarks Hotel Liable

The Delhi District Consumer Disputes Redressal Commission bench comprising Suresh Kumar Gupta, President and Harshali Kaur, Member has held Make My Trip and Clark Hotels, Amer,Jaipur liable for charging a room tariff higher than what was reflected on the Make My Trip website. The commission further held that forcing the complainants to attend gala dinner at the hotel also amounts to unfair trade practice.

Brief facts:

The complainants logged in to the website of Make My Trip ('MMT') to book 3 rooms at Hotel Clark, Amer, Jaipur ('hotel') for 8 people which was listed on the website. Four options were displayed on the website namely:

1. Superior room without breakfast for Rs. 3,091/-
2. Superior room with breakfast for Rs. 3,419/-
3. Penthouse with compulsory gala dinner for Rs. 8,346/- and
4. Penthouse with breakfast and gala dinner for Rs. 8,675/-

The complainants chose Option No.2 and booked three rooms for 2 nights from 30.12.2018 to 01.01.2019 by making a payment of Rs. 29,470/-. However, a booking voucher was generated showing the amount as Rs. 6,370/- instead of the tariff of Rs. 3,419/- per room. The voucher also showed additional cost of compulsory gala dinner at Rs. 3500/- per person payable directly at the hotel. A complaint was lodged by the complainants on the MMT website stating that they have booked a superior room with breakfast which does not tally with the voucher details. The complainants raised the issue that there is no mention of mandatory gala dinner in the pre-booking amount of Rs. 3,419/- and they will not pay any extra amount. The fact of over charge was accepted by MMT and on the issue of gala dinner, they requested the complainants to pay the amount initially and collect a refund later.

Thus, the complainants proceeded with their stay at Jaipur and paid an amount of Rs. 33,040/- along with payment for breakfast of Rs. 4000/- for 8 persons at the time of check out.Thereafter, on an email being sent by the complainant on 10.01.2018 demanding the refund, MMT rejected the claim on the basis that the booking log sent earlier was different from the one sent on 10.01.2018. A legal notice dated 13.01.2018 was issued by the complainant but the issue was not resolved. Hence, a complaint was filed by the complainant before the Delhi district commission.

Submissions of Make My Trip:

It was submitted that Make My Trip merely acts as a booking agent and has no role to play in the entire issue. It was further submitted that parties are governed by the terms and conditions as mentioned in the user agreement. It was also submitted that booking was made online and the hotel voucher showed that the complainants will have to attend the mandatory gala dinner. Hence, imposition of charges of gala dinner was as per terms of the agreement.

No one appeared on behalf of the hotel. Hence, the commission proceeded to decide the issue without considering the submissions of the hotel.

Observations of the commission:

The commission observed that the hotel has charged a tariff of Rs. 6,370/- per room whereas the website of Make My Trip shows a tariff of Rs. 3,419/-. It was further observed that there is no mention of mandatory gala dinner on the website and the hotel has forced the complainants to take compulsory gala dinner. It was held that such acts of over charging and forcing the guests to go for compulsory dinner amounts to unfair trade practice and deficiency in service.

Hence, the complaint was allowed with following reliefs:

1. A refund of Rs. 8,965/- for the tariff over charge on account of room rent,
2. A refund of Rs. 33,040/- taken as amount for compulsory gala dinner
3. A refund of Rs. 4000/- taken as amount of breakfast
4. An amount of Rs. 40,000/- for mental harassment, agony and litigation expenses.

The above amounts were directed to be paid jointly and severally by the hotel and Make My Trip website company.

Case Title: Anuj Mahajan and Anr. vs Make My Trip (India) Pvt. Ltd and Anr

Case Number: CC/98/2018

Date of Judgment: 01.04.2025

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