FIR Against OYO: Fake Bookings Cause Rs 2.66 Crore GST Notice

FIR against OYO, founder in Jaipur after fake bookings led to Rs 2.66 crore GST notice

A Jaipur-based resort has lodged a criminal complaint against hotel aggregator OYO, its founder and CEO Ritesh Agarwal, and several others after it received a GST notice of Rs 2.66 crore, allegedly stemming from “fake bookings” to show an “inflated annual turnover”, The Indian Express reported.

Ashok Nagar police station acted upon the complaint of Madan Jain, who is associated with Jaipur’s Samskara Resorts, and filed an FIR.

What does the FIR state?

The FIR accuses OYO of serious charges, including cheating, criminal breach of trust, forgery, and criminal conspiracy under provisions of the newly enacted Bharatiya Nyaya Sanhita (BNS).

According to the FIR, Jain had signed a one-year service agreement with OYO on April 8, 2019. The contract was meant to enable both online and walk-in bookings for the resort. However, he alleges that OYO showed fake bookings in his resort’s name over three financial years – 2018–19, 2019–20, and 2020–21 – even though real business was conducted only in the 2019–20 period.

Samskara Resorts reported a business of just Rs 10.95 lakh during the agreement period and paid GST accordingly. But OYO, according to the complaint, falsely reported a turnover of Rs 22.22 crore, resulting in a GST liability of Rs 2.66 crore, which now hangs over the resort, along with penalties.

Multiple hotels report inflated GST notices

This case is not an isolated one. Multiple hoteliers across Rajasthan have reportedly faced similar GST notices due to inflated bookings shown by OYO. The President of the Hotel Federation of Rajasthan, confirmed that OYO has had longstanding issues with trust and transparency and “poor record” with hotels.

“Four years ago, over 125 hotels participated in a campaign against OYO by displaying banners that read, ‘We are not accepting OYO bookings’,” The Indian Express quoted he saying.

OYO – Insolvency – Admitted by NCLT

Application for Corporate Insolvency Resolution Process against OYO Hotels and Homes Pvt Ltd. was filed u/s 7 of IBC,2016 (Amended 2019)

Admitted by – NCLT

Default Amount – Rs. 16 lakhs

Applicant (Financial Creditor) – Rakesh Yadav

Proposed Interim Resolution Professional – Keyur Jagdishbhai Shah

Insolvency commencement date – 01 April 2021

Claims Submission due date – 15 April 2021

Expected date of completion of Insolvency proceedings – 27 September 2021

During COVID 19 period the monetary limit of default for admitting the application was enhanced to Rs. 1 crore but recently it was again curtailed to Rs. 1 lakh again

Statement by OYO Spokesperson: We are surprised to hear that the Hon’ble NCLT has admitted a petition against OHHPL, a subsidiary of OYO for Rs 16 lakh in a contractual dispute, which dispute is not even with this subsidiary. We have filed an appeal. The matter is sub-judice and we would refrain from commenting further on the merits of the matter at this stage

Additional Points

Tough impact of the COVID-19 pandemic on the hospitality industry,

OYO has announced mass layoffs and was facing vendor pressures and IT raids