The Hyderabad Consumer Commission has found BookMyShow guilty of “deficiency in service” and “unfair trade practice” after noting that a man had gone to watch Mohanlal-directed Indian children’s fantasy film “Barroz” but, upon reaching the theatre, learnt that the show had been cancelled without any intimation to him.
Though the ticket amount had been refunded, A bench of president Venkata Subba Lakshmi and members C Lakshmi Prasanna and Janardhan Reddy ordered the film booking online platform to pay Rs 12,000 in compensation to the man. It noted that the complainant is entitled to compensation for the lack of communication and the inconvenience, distress, both mentally and physically, due to not exhibiting the show, which was indicated on the ticket issued by the opposite party.
“This has caused much inconvenience and humiliation to the complainant by the act of the opposite party. The numerous issues encountered, combined with the unprofessional behaviour of the opposite party’s service team, have caused significant emotional and financial distress to the complainant, and the lack of timely response and failure to address concerns reflect unethical practices,” the commission said on June 17.
The order highlighted that the complainant had reasonable expectations of being informed well in advance of such cancellations, especially when a specific choice was made to book a ticket for a movie on a particular date and time.
Booked movie, wrong film screened
The complainant had purchased a ticket for the movie Barroz, scheduled for a 10:50 AM show on New Year’s Day in 2025. The complainant booked a ticket via BookMyShow Live Private Limited, and when he arrived at the theatre, he was directed to Audi 1, as indicated on the ticket.
However, upon entering, he found that a completely different movie was playing, which had already commenced at 10:00 AM. After waiting for some time and realising the movie being screened was not the one the complainant had booked, he went back to the theatre manager for clarification.
The theatre manager, upon inquiry, informed him that the Barroz show had been cancelled for the day and that the complainant was entitled to request a refund. The complainant claimed that, however, the manager failed to provide any satisfactory explanation as to why he was not informed of this cancellation in advance, especially considering the cancellation was for a movie show on a special day like New Year’s Day.
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He claimed that this lack of communication and the inconvenience had caused significant distress, both mentally and physically, on what was supposed to be a joyous occasion.
According to him, the actions of the respondent have constituted a deficiency of service, and he wants a formal apology for the inconvenience caused and for the lack of courtesy in handling this situation in a professional and customer-friendly manner and a full refund of the ticket price for the movie.
Actual service provider is theatre: BookMyShow
In a written submission, BookMyShow Live Private Limited contended that this commission lacks the territorial jurisdiction as the office of the opposite party is located in Maharashtra; this commission has no jurisdiction to adjudicate the present case.
It was argued that BookMyShow Live Private Limited is not engaged in online ticket booking, and all such activities are carried out by Big Tree Entertainment Private Limited, which operates the platform under the brand name ‘BookMyShow’.
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It was submitted that the complainant had concealed a very important fact, namely, that he had already received the full refund of the ticket price.
They stated that the actual service provider is the movie theatre, which the complainant has failed to implead as a party in the present complaint. Since the movie theatre is a necessary party, the present complaint cannot be effectively decided in its absence. It added that the opposite party acts solely as an intermediary, facilitating the sale of tickets and is not involved in determining whether a show will proceed or be cancelled.
Emotional, financial distress: Order
- The Barroz show had been cancelled for the day, and the complainant is entitled to a refund of the amount.
- In the written version filed by the opposite party, it was stated that the ticket amount had been refunded.
- The opposite party filed the e-mail conversation, and the refund details receipt has been filed.
- The numerous issues encountered, combined with the unprofessional behaviour of the opposite party’s service team, have caused significant emotional and financial distress to the complainant, and the lack of a timely response and failure to address concerns reflect unethical practices.
- The failure to notify the complainant of the cancellation in a timely manner amounts to a deficiency of service and negligence on the part of the opposite party.
Significance
This judgment establishes that online intermediaries are liable for a deficiency of service even when facilitating bookings. It proves that refunds alone are insufficient compensation for distress caused by uncommunicated cancellations. Platforms must proactively inform consumers to fulfil their duty of care.
Consumers facing similar grievances may contact the consumer helpline in their respective states (Telangana helpline: 040 233 94 399) or dial the National Consumer Helpline at 1915 for assistance.
