Oyo asked to pay ₹1.61 lakh by Pune district consumer commission
The Pune district consumer disputes redressal commission has directed the Gurugram-based Oyo Total Holidays to pay ₹1.61 lakh as compensation for deficient in service.
Aul Kulkarni, a resident of Vadgaon Budruk, had lodged a complaint with the consumer forum last year as regards his trip to Kerala.
Kulkarni filed a consumer complaint under Section 12 of the Consumer Protection Act, 1986 seeking monetary relief against the tour operator-cum- travel agency alleging adoption of unfair trade practices and consequential deficiency in service.
The complaint stated that on paying a total consideration of ₹1,38,500 for 11 passengers at the rate of ₹12,590 per person, he had booked an ‘Amazing Kerala’ tour with Oyo Total Holidays.
The tour charges were inclusive of breakfast, accommodation, all transfers and sight-seeing by private vehicle, and pick-up and drop from Kochi airport and railway station.
Kulkarni had no grievance against the company about the sight-seeing. However, the grievance was regarding the transport facility and accommodation.
The forum in its observation stated that in sum and substance the case of the complainant is that the company did not arrange any vehicle for 11 persons and he had to arrange for a private vehicle and all the travel fare was required to be borne from his pocket.
Similarly, with regard to room accommodation at Munnar, it is the grievance of the complainant that he had to pay ₹6,134 extra while leaving the room on December 27, 2019. Thus, in addition to the tour charges already paid to the company , Kulkarni was compelled to incur an additional total expenditure of ₹51,134.
Kulkarni demanded a refund of this amount from the company. However, in spite of accepting to refund the amount via their emails dated Jan 11, 2020 and Jan18, 2020, the company had not done anything needful.
Thus the complainant has alleged deficiency in service on the part of the company.
Kulkarni sought monetary relief of ₹9.55 lakh which includes ₹51,134 towards refund of additional expenditure incurred, an amount of ₹4,500 towards interest on this amount at 18%; an amount of ₹4 lakh by way of compensation towards mental harassment; besides an amount of ₹5 lakh as damages for physical troubles, the forum observed.
“On perusal of the complaint, this forum was pleased to admit the present complaint on August 3, 2020, and notices were directed to be issued calling upon the opposite parties to file their written version. On perusal of the record more particularly, the track reports downloaded from official website, ‘India Post’, it is evident that, notices issued by this forum were duly served to the opposite parties on Sept 2, 2020 at 17:01:26 hours. However, in spite of due service of such notices issued by this forum, the opposite parties neither appeared before this forum nor filed their written version on record, as called for by this dorum and, therefore, this forum directed that, this complaint shall proceed ex-parte against the opposite parties ,” the forum order stated.
The consumer forum, comprising Umesh V Jawalikar, president, and members Kshitija B Kulkarni and Sangita M Deshmukh ordered Oyo Total Holidays to pay Rs51,134 with 9% per annum interest from January 11, 2020, till realisation of the amount by the complainant. The company has been ordered to also pay compensation of ₹one lakh besides litigation cost of ₹15,000.