Pranav B Prem

The District Consumer Disputes Redressal Commission, Central District, New Delhi, presided over by Shri Suresh Kumar Gupta (President) and Ms. Harshali Kaur (Member), has held both Make My Trip (India) Pvt. Ltd. and Hotel Clarks Amer, Jaipur jointly liable for overcharging a consumer beyond the tariff listed on the booking website and for compelling guests to pay for a mandatory gala dinner which was not disclosed during the booking. The Commission ruled that such conduct constitutes unfair trade practice and deficiency in service under the Consumer Protection Act, 1986.

Also Read: Bitter Bite: Ernakulam Commission Fines Muesli Maker Over Dead Worms in Sealed Pack

Background of the Case

The complainant, Anuj Mahajan, had booked three "Superior Rooms with Breakfast" for 8 people at Hotel Clarks Amer in Jaipur through the online travel portal Make My Trip (MMT) for a two-night stay from 30.12.2018 to 01.01.2019. On the website, four options were displayed:

1. Superior room without breakfast – ₹3,091/-

2. Superior room with breakfast – ₹3,419/-

3. Penthouse with compulsory gala dinner – ₹8,346/-

4. Penthouse with breakfast and gala dinner – ₹8,675/-

The complainant selected Option 2 (Superior room with breakfast) and paid ₹29,470 for the three rooms. However, upon completion of the booking, the generated voucher reflected a room rate of ₹6,370 per night instead of ₹3,419 and also included a mandatory gala dinner charge of ₹3,500 per person, payable directly at the hotel—something that was not part of the selected room category.

The complainant immediately raised a grievance through MMT’s helpdesk, objecting to the discrepancy in room tariff and the imposition of the gala dinner charge. MMT’s customer support responded by acknowledging the overcharging and requested the complainant to pay the gala dinner charge at the hotel with an assurance that it would be refunded later.

Relying on this assurance, the complainant and his group completed their stay and paid the following additional charges at the time of checkout:

• ₹33,040 for the gala dinner (8 persons x ₹3,500 + taxes)

• ₹4,000 for breakfast for 8 persons (which was already included in the selected package)

Despite follow-ups and an email sent on 10.01.2019 requesting a refund, MMT rejected the claim, citing discrepancies in the booking logs. A legal notice dated 13.01.2019 also went unanswered, prompting the complainant to approach the District Commission for redress.

Arguments of the Parties

Make My Trip's Defense:
Make My Trip submitted that it merely acts as an online intermediary between the customer and the hotel and has no direct role in the pricing or imposition of charges like the gala dinner. It also pointed to the terms and conditions on its platform, arguing that all bookings were subject to the user agreement. MMT stated that the booking voucher clearly mentioned the gala dinner and that the complainant was thus aware of the charges.

Hotel’s Non-Appearance:
Despite service of notice, Hotel Clarks Amer did not appear before the Commission nor file any reply. Therefore, the matter was proceeded ex parte against the hotel.

Findings and Observations of the Commission

After going through the evidence on record, the Commission found that:

• The room tariff shown on MMT's website at ₹3,419/- per night for a Superior Room with Breakfast was changed to ₹6,370/- in the booking voucher, without any disclosure or consent from the complainant.

• The website did not indicate any mandatory gala dinner charge for the room category selected by the complainant.

• The complainant had clearly opted out of any package involving a compulsory gala dinner, choosing a basic room with breakfast only.

• The imposition of additional charges at the hotel for gala dinner and breakfast was inconsistent with the booking terms and amounted to arbitrary conduct.

The Commission held that MMT could not escape liability by claiming to be a mere intermediary. It had listed the hotel, displayed the booking options, and accepted payment on behalf of the hotel. Thus, it had a direct role in the transaction and was jointly responsible for any lapses in transparency.

The order observed:“Charging excess room rent than what was displayed on the website and compelling the complainant to pay for a dinner which was not part of the selected package amounts to deficiency in service and an unfair trade practice.” The Commission further held that the conduct of both MMT and Hotel Clarks Amer had caused mental agony, harassment, and financial loss to the complainant.

Relief Granted by the Commission

The Commission allowed the complaint and awarded the following reliefs to the complainant:

1. ₹8,965/- – Refund of overcharged room rent (difference between displayed rate and voucher rate).

2. ₹33,040/- – Refund of the gala dinner charges imposed without disclosure.

3. ₹4,000/- – Refund of breakfast charges already included in the package.

4. ₹40,000/- – Compensation for mental harassment, agony, and litigation expenses.

Also Read: Amazon Held Liable for Non-Delivery of Rakhi; Consumer Commission Awards ₹40,000 for Deficiency in Service and Unfair Trade Practice

All these amounts were directed to be paid jointly and severally by Make My Trip (India) Pvt. Ltd. and Hotel Clarks Amer, Jaipur within 30 days from the date of order.

Cause Title: Anuj Mahajan and Anr. V. Make My Trip (India) Pvt. Ltd and Anr

Case No: CC/98/2018

Coram: Shri Suresh Kumar Gupta [President, Ms. Harshali Kaur [Member]

[Read/Download order]