The Delhi High Court has rejected a lawyer’s petition to file a First Information Report (FIR) against MakeMyTrip India Ltd., its directors, and a private homestay in Nainital (Uttrakhand), accusing them of cheating and violating the Indian Penal Code. The lawyer claimed that he was charged Rs 7,950 per day for the homestay and kitchen services. The court’s decision means that the case will not proceed any further.
The complainant, an advocate, filed a petition seeking permission to file an FIR against MakeMyTrip India Ltd., its directors, and a private homestay and kitchen in Nainital. The advocate accused the defendants of cheating and violating various provisions of the Indian Penal Code. He claimed that he had booked the homestay through the MakeMyTrip platform and was charged Rs 7,950 per day for the accommodations and kitchen services. However, he alleged that the actual facilities provided were substandard and did not match the description and amenities promised.
The advocate’s lawyer argued that the defendants had violated several provisions of the Indian Penal Code, including sections related to cheating and dishonesty, breach of trust, and criminal conspiracy. He contended that the complainant had suffered financial loss due to the defendants’ actions and that an FIR should be filed against them to initiate a criminal investigation.
MakeMyTrip India Ltd. is a well-known online travel company that provides services such as hotel and homestay bookings, flights, and holiday packages. The company’s directors were also named as defendants in the petition.
The private homestay in Nainital, which was also named in the petition, allegedly advertised amenities and services that were not actually provided. The complainant claimed that the facilities were below standard, and he had paid a significant amount of money for a subpar experience.
The Delhi High Court, however, dismissed the petition, stating that the advocate’s allegations did not make out a cognizable offense. The court observed that the allegations were related to a dispute between a customer and a service provider and did not involve elements of cheating or dishonesty.
The court further highlighted that the complainant had the option to approach consumer forums or arbitration bodies for resolution of his grievances instead of pursuing criminal action. It noted that the complainant had not exhausted these alternate remedies before approaching the court with a criminal complaint.
The court’s decision means that the case will not proceed any further as an FIR will not be filed against the defendants. However, the complainant still has the option to explore civil remedies to seek compensation and redress for the alleged substandard services provided.
In conclusion, the Delhi High Court has dismissed an advocate’s petition to file an FIR against MakeMyTrip India Ltd., its directors, and a private homestay and kitchen in Nainital. The advocate had accused the defendants of cheating and violating provisions of the Indian Penal Code, claiming that he was charged a significant amount for substandard services. However, the court ruled that the allegations did not make out a cognizable offense and suggested that the complainant seek remedies through consumer forums or arbitration. The dismissal of the petition means that the case will not proceed any further as a criminal matter.