Haryana

StateCommission

A/1612/2017

MAKE MY TRIP - Complainant(s)

Versus

ANCHIT VERMA - Opp.Party(s)

ASHWANI TALWAR

27 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                               First Appeal No.1612 of 2017                                                   Date of Institution: 27.12.2017

Date of Decision: 27.02.2019

Make My Trip India Private Limited, Tower A, S.P. Info City, 243, Udyog Vihar, Phase 1, Gurgaon, through its CEO/Managing Director/Director/President.

Second address: Make My Trip India Private Limited, 19^th Floor, tower C, Building No.5, DLF Cyber city, Gurgaon, through its CEO/Managing Director/Director/President, through its Authorized Signatory, Shri Ekank Mehra, Assistant Manager (Legal), Make My Trip India Private Limited, 19^th Floor, tower C, Building No.5, DLF Cyber City, Gurgaon.

…..Appellant

Versus

Anchit Verma s/o Sh. Avnish Verma, r/o Tika Ram PG girls College, Mission road, Sonepat.

                   …..Respondent

CORAM:             Mr. Ram Singh Chaudhary, Judicial Member.

                             Mrs.Manjula, Member.

 

Present:              Shri Satpal Dhamija, Advocate for the appellant.

                             Mr.Rajnikant Upadhyay, Advocate for respondent.

                                                   O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

          Briefly stated, facts relevant for the disposal of this appeal are that on 22.05.2017 he-complainant booked holiday package  for 5 nights 6 days from the O.P. and partial payment of Rs.80855/- was paid by the complainant.  O.P. issued confirmation voucher.  The cost of the package was Rs.3,23,417/- for two persons.  It was clear that 25% of the booking  cost will be charged as penalty on cancellation between 31-44 days before departure and the same was accepted by him.  On 04.06.2017, he cancelled his booking through e-mail  due to personal reasons and requested to refund 75% amount of booking cost, but, O.P. did not pay any heed.  Thus there was deficiency in service on the part of the O.P.

2.      The complaint was resisted by the O.P by filing a written version before the District Forum, in which, O.P. stated that  the total cost of the package was 3,23,417/- after discount. The complainant paid an advance amount of Rs.80855/- and keeping pending amount of Rs.2,42,562/-.  The applicable cancellation penalty was 25% of the package cost of Rs.323417/- i.e. Rs.80854/- as the cancellation request was raised within 31-44 days before the date of departure.  The complainant was not eligible for refund as per the policy.  Thus there was no deficiency in service on the part of the O.P.

3.      After hearing both the parties, District Consumer Disputes Redressal Forum, Sonepat (In short “District Forum”) allowed the complaint vide impugned order dated 08.11.2017 and directed the respondent to make the payment of Rs.60641/- to the complainant within a period of 45 days from the date of passing of this order.  the respondent is also directed to compensate the complainant to the tune of Rs.1000/- for rendering deficient services, harassment and under the head of litigation expenses.

4.      Feeling aggrieved therefrom, O.P.-appellant has preferred this appeal.

5.      This argument has been advanced by Sh.Satpal Dhamija, the learned counsel for the appellant as well as Mr.Rajnikant Upadhyay, the learned counsel for the respondent. With their kind assistance the entire records as well as the original record of the District Forum including whatever the evidence has been led on behalf of parties had also been properly perused and examined.

6.      It is not disputed that the complainant booked a holiday package from the respondent and paid Rs.80855/- as advance amount.  After booking a particular package, the confirmation voucher  with base booking details and cancellation policy on 22.05.2017 was issued by the OP.  The initial partial payment of Rs.80,855/- was paid as a booking amount and the rest of the amount was paid in two installments. There is a clause dealing with the cancellation of policy and the condition precedent is 25% of the booking cost will be charged, as a penalty of cancellation between 31-44 days before departure.  In the case in hand, the booking amount is Rs.80855/- and if at all, the package has been cancelled, in that eventuality, 25% of the booking amount can be deducted by the O.P. out of Rs.80855/-, which, in fact, the booking amount and not from the total amount of Rs.3,23,417/-. Hence, the order passed by the learned District Forum does not suffer from any illegality or perversity and as a result thereof, while dismissing the appeal, the impugned order dated 08.11.2017 passed by the learned District Forum, Sonepat maintained for all intents and purposes.

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

February 27th, 2019   Mrs.Manjula        Ram Singh Chaudhary,                                              Member               Judicial Member                                                          Addl.Bench                    Addl.Bench                 

S.K.