The District Consumer Disputes Redressal Commission, Gurdaspur, has directed MakeMyTrip India Pvt. Ltd. to refund Rs 18,775 to a Gurdaspur-based advocate after his family allegedly found that two hotels booked through the online travel platform were either non-existent or did not provide the booked accommodation.
The commission also awarded Rs 25,000 as compensation for physical harassment, mental agony and financial loss, besides Rs 5,000 towards litigation expenses. The total amount awarded, excluding interest, comes to Rs 48,775.
The order was passed by Commission President Lalit Mohan Dogra and Member Bhagwan Singh Matharu in a complaint filed by advocate Rajesh Chohan of Gurdaspur.
Family Trip to Srinagar and Gulmarg Turns Into Nightmare
Chohan had booked accommodation through MakeMyTrip for a family trip to Srinagar and Gulmarg in December 2025.
He paid Rs 5,788 for a family room at Hotel Heritage Rose Inn, Srinagar, for December 27-28, 2025. He subsequently paid Rs 12,987 for two rooms at Hotel Apple Tree Resorts, Gulmarg, for December 28-29.
According to the complaint, Chohan travelled with his wife, daughter and son.
On December 27, the family reached the location of the Srinagar property and allegedly found that no such hotel existed there. Instead, the location was found to be a private homestay, according to the complainant.
After waiting for accommodation without success, the family allegedly had to arrange alternative accommodation at additional expense.
Second Hotel in Gulmarg Also Allegedly Not Found
The following day, the family travelled towards Gulmarg. Due to traffic and Army convoy-related delays, they reached the destination late in the evening.
According to Chohan, when they reached the location of Hotel Apple Tree Resorts at around 10:30 PM, they were again unable to find the booked hotel.
The family allegedly struggled to find alternative accommodation amid heavy snowfall and the non-availability of rooms.
The commission recorded that the family eventually spent the night inside their vehicle in sub-zero temperatures of around minus 4 degrees Celsius.
Pre-Booked Gondola Tickets Also Went Waste
The complainant told the commission that the ordeal also resulted in the family being unable to use their pre-booked Gondola tickets at Gulmarg.
He alleged that the family had to return to Gurdaspur on December 29 without enjoying the planned Gulmarg trip.
Chohan also placed on record communications with MakeMyTrip, claiming that he had contacted the company during the relevant period and informed it about the accommodation problem.
MakeMyTrip Claimed It Was Only an Intermediary
MakeMyTrip contested the complaint, arguing that it operates as an online travel platform and acts as a facilitator or intermediary between customers and hotels.
The company maintained that it does not own, operate or control the hotels listed on its platform and that hotel-related information is provided by the respective service providers.
It also argued that the complainant had not impleaded the hotel owners or management and that the complaint was therefore defective for non-joinder of necessary parties.
MakeMyTrip further claimed that when the complainant approached it, the concerned hotels informed the company that he had never approached them and had been marked as a "No Show".
The company said it had attempted to obtain a refund, but the hotels declined it under their non-refundable booking policies.
Commission Rejects 'Intermediary' Defence
The commission rejected MakeMyTrip's argument that it could escape consumer liability merely by describing itself as an intermediary.
It observed that the company had accepted payment from the consumer and issued confirmed booking vouchers for the accommodations.
Referring to the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, the commission held that an e-commerce platform collecting payment and issuing confirmed booking vouchers cannot avoid responsibility when the accommodation listed on its platform turns out to be non-existent or misrepresented.
The commission also relied on an earlier State Consumer Commission ruling in Make My Trip vs Pritpal Singh, decided in 2022, while examining the company's intermediary defence.
Hotel Owners Did Not Have to Be Made Parties
The commission also rejected MakeMyTrip's objection that the individual hotel owners should have been made parties to the complaint.
It noted that the complainant had made the payments directly to MakeMyTrip and had received booking confirmations carrying the company's branding.
According to the Commission, the complainant's direct financial transaction with the platform was sufficient to maintain the consumer complaint against it.
Commission Questions 'No Show' Claim
A significant part of the order dealt with MakeMyTrip's claim that the complainant was a "No Show".
The Commission questioned how a consumer could be treated as a "No Show" when the booked property itself was allegedly not available at the destination.
It observed that the complainant had placed on record emails and communications made on December 27, 28 and 29, 2025 regarding the accommodation problems.
The commission held that MakeMyTrip had failed to produce satisfactory contemporaneous material establishing that the confirmed accommodation was actually available and that the complainant had voluntarily failed to check in.
MakeMyTrip was Negligent and Deficient, Commission Says
The commission found that the booking confirmations, email communications and other documentary material established that the accommodations booked through MakeMyTrip were not made available to the complainant at the destination.
It held that the company's failure to provide effective assistance or real-time alternative accommodation aggravated the situation faced by the family.
The commission concluded that MakeMyTrip was negligent and deficient in providing services and had engaged in an unfair trade practice by listing properties that were found to be non-existent or unavailable to the consumer.
Rs 18,775 Refund With 9% Interest
The commission partly allowed the complaint and directed MakeMyTrip and the concerned opposite party to jointly and severally refund the entire booking amount of Rs 18,775.
The refund will carry interest at 9% per annum from December 25, 2025, the date of booking, until actual realisation.
Rs 25,000 Compensation and Rs 5,000 Litigation Cost
Apart from the refund, the commission awarded Rs 25,000 as compensation for the physical harassment, mental agony and financial loss suffered by the complainant.
An additional Rs 5,000 was awarded towards litigation expenses.
Thus, the total principal amount directed to be paid by the opposite parties stands at Rs 48,775, apart from the applicable interest on the Rs 18,775 refund.
The complaint was accordingly partly allowed by the Gurdaspur District Consumer Commission.
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