Delhi High Court - Orders
Airbnb India Private Limited vs Varun Mirchandani on 7 July, 2025
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1154/2025& CM APPL. 39053-39055/2025
AIRBNB INDIA PRIVATE LIMITED
.....Petitioner
Through: Mr. Amit Sibal, Sr. Advocate with Ms.
Roopali Singh, MR. Yugank Goel and
Mr. Tuhin Dey, Advocates.
Ms. Diya Kapur, Sr. Advocate with Mr.
Sushant Sanjay, Mr. Raghav Kumar and
Mr. Aditya Ladha, Advocates.
versus
VARUN MIRCHANDANI .....Respondent
Through: Mr. Bhavishya Makhija and Mr. Amaan
Khan, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 07.07.2025
1. Respondent-Mr. Varun Mirchandani filed a complaint alleging deficiency in service.
2. The complaint was filed against Airbnb India Private Limited (petitioner herein).
3. Such complaint (Complaint Case No. 296/2022) is, presently, pending adjudication before learned District Consumer Disputes Redressal Commission (in short "District Commission"), South-II, Delhi. The petitioner herein (opposite party) sought dismissal of said complaint but learned District Commission vide order dated 06.07.2023, dismissed such application.
4. Such order was taken in appeal before the learned State Consumer Disputes Redressal Commission (in short "State Commission") and learned State Commission also dismissed the appeal on 21.11.2024.
5. Such order is under challenge.
6. Learned Senior Counsel for petitioner submits that, earlier, they had invoked revisional jurisdiction of learned National Consumer Disputes Redressal CM(M) 1154/2025 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 22:43:27 Commission ( in short "NCDRC") but their revision petition was dismissed as not maintainable by the learned NCDRC vide order dated 24.04.2025 while relying upon judgment dated 20.01.2025 passed by learned NCDRC in Revision Petition No. 1879/2024 titled as Vivo Mobile India Pvt. Limited versus Mavuram Sujatha and Others.
7. It is in the abovesaid backdrop that the present petition has been filed under Article 227 of Constitution of India.
8. Learned counsel for respondent/complainant appears on advance notice.
9. The question is, primarily, to the effect that whether the complaint could have been filed against Airbnb India Private Limited or it should have been filed against Airbnb Ireland UC.
10. Let a short reply be filed by respondent.
11. Learned Senior Counsel for Airbnb Ireland UC is also present.
12. In order to find out amicable solution of the matter, the parties are directed to sit together, in the interregnum, and to apprise the Court whether the matter can be amicably settled or not.
13. The complaint in question is stated to be fixed for tomorrow i.e. 08.07.2025 for final arguments.
14. List on 22.08.2025 at 3:30 P.M for further consideration.
15. Both the parties would be at liberty to file brief written synopsis not exceeding three pages each, after mutually exchanging the same between them.
16. Order dasti under the signatures of the Court Master.
MANOJ JAIN, J JULY 7, 2025/sw/SS CM(M) 1154/2025 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 22:43:27