Hello
@mathewspk
We understand that the
Agoda.com has not responded when you were in Dubai with your parents, despite you having all the necessary supporting documents like booking vouchers and payment receipts.
In such a situation, we suggest that you proceed by sending a
legal notice to the
Chairman and Managing Director (CMD) of the
Agoda.com, formally requesting a resolution of your issue and remove your name from the CIBIL records. Kindly allow them a
15-day period to respond to the notice.
If you do not receive any response within this timeframe, please revert to us. We will then guide you through the process of filing a case in the
Consumer Forum.
Supporting Judgment against Agoda:
Punjab - Rupnagar -
Agoda internatiional india private limited V/S Ranbir Kaur
Complainants
- Ranbir Kaur wife of Dr. Aman Singh
- Dr. Aman Singh, son of S. Mukhtiar Singh,
Both residents of Ward No.11, Gurudwara Tari Sahib, Chamkaur Sahib, Tehsil Chamkaur Sahib, District Rupnagar.
Versus
- Agoda International India Private Limited, 2/F, Tower C, DLF Building No.8, Cyber City, DLF City-2, Sector 24, Gurga, Haryana-122002.
- Rayab Khanb, son of Ishey Khan, resident of Kesho Colony, Amar- Sagar, Jaiselmer, District Jaiselmer, Rajasthan, (Authorized official of Dream Land Desert Camp and Safari, Jaiserlmer, Rajasthan)
Brief facts of the complaint are that the OP No.l was running an online travel platform providing people across the world travel facilities along with hotel accommodation through their online app and website.
The complainant No.1 approached the OPs in the month of November 2022 for booking online tents/accommodations at OYO Dreamland Desert Aps, Sam, Rajasthan (approximately 50 Kms away from Jaisalmer) for four families including the family of Dr. Kulwinder Singh, Dr. Mohabbat Singh and Dr.Harjeet Singh of total number of eight adults and four children for 31.12.2022 to 1.1.2023. Complainant No.1 paid Rs.4549.84/- to the OPs on behalf of all the families for booking of four tents.
The above said amount was paid by the complainant No.1 through her Yes Bank account vide reference No.MT223220286900010019743, which was duly acknowledged by the OPs through message as well as on telephone (vide booking No0.820158909). The said package also including breakfast.
Thereafter, having faith on the said acknowledgment, the family of complainant along with above said three families and their kids reached at Railway Station, Jaisalmer, Rajasthan, and contacted on phone No.7947116797 of the resort. The complainant was asked to call them after reaching Jaisalmer Fort (Near Pakwaan Restaurant).
The complainant again called on the said telephone numbers, then they were asked to reach at office of Dreamland Desert Camp, in Jaisalmer City Rajasthan. The OP No.2 met them there, who acknowledged the complainants that the room booked by them have been cancelled due to heavy rush and the complainants are not going to get rooms on old lower rates as the OPs are now getting much more than the old rates for single accommodation.
When the complainants asked the OP No.2 that where they would go now, then the OP No.2 misbehaved with the complainant and others and used filthy language. The complainants and their companion felt so embarrass and annoyed as they had no place to go with their families with small kids in that situation.
After that the complainant and others went to the local police station at Jaisalmer and narrated the whole story to the concerned police officials. It came to their knowledge that they are not the first person to whom OPs have looted by these kind of online fraud. T
hen on the instance of complainant No.2 Dr. Amar Singh, an FIR No.001 dated 01.01.2023 was registered at Police Station Jaisalmer, under Section 406 and 420 IPC against the OPs. The complainants and other companion had to take shelter at nearby Gurudwara Sahib.
The complainant No.1 also sent various emails to the OP No.l mentioning all these facts but the OP No.1 did not bother to reply to the same. As due to the malpractice of the OPs, the complainant and others had to suffer a lot of mental, physical and financial loss. The OPs are not ready to listen to the complainants. The complainant and other suffer irreparable loss and it is a deficiency in service on the part of the OPs.
The complainants sent the legal notice dated 13.1.2023 to the OPs and thereafter OP No.1 cleverly refunded the amount of Rs.4549.84/- through an online transaction to the complainant. Hence, prayed for the following reliefs against the OPs by the complainants:-
Order:
The complainant and their other members had suffered a lot of mental, physical and financial harassment due to the said act of the OPs.
Although, the OPs have returned the booking amount i.e. Rs.4549.84/- to the complainants. But the OPs have to paid to the complainants and others regarding the physical and mental harassment suffered by them on account of the wrong act of the OPs. Moreover, the OPs did not dare to appear before this Commission to contest the claim of the complainants.
Hence, the complaint of the complainant is partly allowed and the OPs are directed to pay a lump
sum amount of Rs.15,000/- along with interest @ 9% per annum from the date of making payment for booking of tents at Jasalmer i.e. 16.11.2022 till its realization in lieu of mental and physical harassment and litigation expenses.
Please let us know if you need assistance in drafting the legal notice or have any further questions.
Best regards,
