Port Blair-based hotel operator told to refund, compensate customer over violation of Supreme Court order
The Ernakulam District Consumer Disputes Redressal Commission has ordered a Port Blair-based hotel and spa operator to refund a customer booking charges along with a compensation collectively amounting to ₹62,000 on the grounds of violation of a Supreme Court order on refund during the pandemic.
The commission, comprising President D.B. Binu and members V. Ramachandran and Sreevidhia T.N., issued the verdict on a petition by Sandeep Ravindranath of Kalady against Seashell Hotel Resorts Spa, Port Blair, Andaman and Nicobar Islands.
The complainant had booked accommodation in two hotels of the opposite party for a trip from January 23 to 27, 2022 for ₹27,810. However, the District Magistrate of South Andaman, in an order dated January 10, restricted gatherings and closure of tourist spots, thus foiling the complainant’s plan.
Subsequently, the complainant requested cancellation and refund from the airline, two other hotels, and travel agents. All of them complied except for the opposite party who instead offered a rescheduling option valid until September 30, 2022. In response, the complainant cited the apex court order and the Central government directives regarding refunds on pandemic-induced cancellations to clarify that the opposite party’s action amounted to unfair and deceptive practices under the Consumer Protection Act, 2019.
The opposite party also did not respond to a legal notice, the complainant alleged. The notice issued by the Commission was unserved following which it was published in a newspaper demanding the appearance of the opposite party on September 15, 2023, which it failed to comply with.
“The opposite party has displayed a clear disregard for the complainant’s rights as a consumer and the legal directives in place during the pandemic. The failure to respond to the legal notice and the Commission’s notice further underscores the negligent and unfair practices of the opposite party, the Commission observed.
Subsequently, the company was ordered to refund ₹27,180 along with a compensation of ₹25,000 and ₹10,000 as the cost of legal proceedings.
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