The commission found the platform’s argument of acting as a facilitator insufficient
The Court emphasised that consumers place their trust on such platforms when travelling.
“It is not accepted that the contention taken by OP about liability for the deficiency of service is unfair. Since, the complainant has trusted the OP app and booked the hotel believing OP is rendering good services to customers. When there is no privity of contract between the hotel and the customer, the lapses caused must be answerable by OP itself,” the Commission said.
It noted that although the complainant was refunded the booking amount, the alternative arrangement cost ₹4,34,420 more than the original booking. It also noted that MakeMyTrip offered only ₹37,386 as compensation.
Accordingly, the Commission deemed MakeMyTrip responsible for the deficiency in service, especially given the lack of alternative accommodation arrangements and the subsequent financial burden on the consumer.
“Without any genuine cause, hotel accommodation has not provided to complainant though it was confirmed 4 months prior but OP did not take any interest to provide alternative arrangement also when he was in difficulty. The above said all situations, deficiency caused and mental agony, stress and financial loss to complainant which should be compensated by OP’s,” it said.
Source: Barandbench
