DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BHIWANI
Complaint No.: 117 of 2019.
Date of Institution: 15.04.2019.
Date of Decision: 25.09.2020.
1. Dr. Mahima Bohra D/o Kartar Singh
2. Dr. Sheela Bohra wife and
3. Ravish Bohra minor son of Kartar Singh son of Prem Raj
4. Kartar Singh son of Prem Raj, all residents of Shopposite party No.22, New Grain Market, Bhiwani, Tehsil & District Bhiwani (Hry) minor Ravish Bohra through his natural guardian and father Kartar Singh, M.No. 9466142748.
……..…..Complainant.
V E R S U S
The Customer Care
Make My Trip (India) Pvt. Ltd, Tower A, S.P. Infocity, Plot No. 243m Udyog Vihar, Phase-1, Gurgaon 122016, Haryana, India
2nd Address:
Make my Trip India Pvt Ltd Building No.5, Tower-B, P-5, P-4 DLF, Cyber City DLF Phase-2, Sector-25, Gurugram-122016.
……….Opposite Party.
Before: - Mr. Nagender Singh, President.
Mr. Shriniwas Khundia, Member.
Present: Sh.R.C.Sheoran, Advocate for the complainant.
Sh.Amit Soni & Sh. Naveen Saini, Advocates for opposite party.
ORDER
NAGENDER SINGH, PRESIDENT:
1. Present complaint has been filed by the complainants with the averments that in the month of December, 2016, complainant Kartar Singh availed a four year LTC from his department for himself and his other family members i.e. his daughter namely Mahima Bohra, his wife Sheela Bohra and his minor son namely Ravish Bohra. Accordingly they confirmed Air Tickets for onward journey from Delhi to Kochi and Kochi to Agati (Lakshyadweep), which was purchased by her daughter on behalf of all family members for 29.12.2016 through opposite party company from Kochi to Agati. All the family members/complainants performed their journey from Flight No. 6E 4193 on 28.12.2016 from Delhi to Kochi but after arrival at Kochi, they were not allowed to board in the further flight No. 1 A1-9505 of Air India from Kochi to Agati and they were deprived from returned journey from Agati to Kochi also. Copy of tickets are attached herewith. Therefore, they suffered an irrepairable financial losses and mental agony etc. It is further submitted that they also spent huge amount at Kochi during their stay from 29.12.2016 to 01.01.2017. He contacted the opposite party and requested for refunding of the entire amount of the tickets but no avail. However, despite making requests and service of legal notice, the aforesaid amount was not refunded. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the actual amount received by the opposite party on account of air tickets to the tune of Rs.166311/- alongwith interest, to pay compensation of Rs.18 lac on account of mental agony, harassment and Rs.11,000/- on account of litigation expenses to the complainant.
3. Opposite party resisted the claim of the complainant, taking the preliminary objections that the complainants have not approached this Hon’ble Forum with bona fide intents and complainants cannot seek any relief from the opposite party as this complaint is mala fide, false and frivolous. Opposite party has also been awarded as Best Travel Portal India by World Travel Awards and the opposite party is consumer centric company, which is managed through online webportal i.e. www.makemytrip.com. It is further mentioned that for availing the services of opposite party, the intended traveler has to enter into an E-contract with the opposite party by consenting to the terms and conditions of the answering opposite party by the clicking to “I Agree” pop up or button. Hence, the customers are bound by the terms and condition of the User Agreement of the opposite party. Booking details of the customer are mentioned as under:-
A. Booking ID-Not disclosed/provided by the complainant.
B. Departure Date: 29.12.2016.
C. Destination- Delhi to Kochi, Kochi to Agati (Lakshadweep).
D. Travellers (s) Dr. Mahima Bohra and 3 other.
On merits, it is submitted that opposite party is not responsible or liable for any deficiency caused on the part of the Airlines, Hotels. It is further submitted that refund of air tickets are initiated by the Airlines as the payments are made to the airlines and not to the OP. Opposite party being mere a facilitator of service provider(Airlines) for providing the booking services shall not be responsible for any deficiency caused on the part of the Airlines. In the absence of correct Booking ID, opposite party is unable to fetch the factual aspect of the present complaint, therefore , it is difficult for the opposite party to trace the complainant’s account and verify the details of the complainants, thereby making it inconvenient for the opposite party to trace the complainant’s account and file a valid and detailed reply before this Hon’ble Forum. after being provided with the correct Booking ID by the complainants. It is pertinent to mention here that the registered office of the opposite party is in New Delhi and also works for gain in New Delhi. Hence, the present complaint deserves to be dismissed.
4. Both the parties led evidence in support of their case. Complainant Sh. Kartar Singh in his evidence has tendered documents Annexure-C1 to Annexure C29 and closed the evidence on behalf of all the complainants on dated 12.03.2020. Ld. Counsel for the opposite party has tendered affidavit Anneuxre-R1/A, written arguments Annexure-R1 and closed his evidence on dated 14.08.2020.
5. We have gone through the record and heard arguments addressed by the learned Counsel for the parties.
6. After going through the file and hearing the parties, it is observed that complainant and his family members had booked Air tickets on dated 13.12.2016 through the opposite party and the opposite party confirmed Air tickets for onwards journey from Delhi to Kochi and Kochi to Agati(Lakshyadweep) for 29.12.2016, which is proved from the ticket Ex.C1 and had made the payment of Rs.21364/- for the fare of Kochi to Agati, as per confirmed booking of ticket Ex.C6, they have paid Rs.49948/- on account of booking from Delhi to Cochin for dated 28.12.2016, as per Ex.C7 paid Rs.60120/- for fare on account of Kochi to Delhi for dated 01 January 2017 and as per Ex.C8, they have paid Rs.21220/- on account of fair from Agatti Island to Kochi. As per the complainants, all the family members performed their journey from Flight No. 6E 4193 on 28.12.2016 from Delhi to Kochi but they were not allowed for boarding in the further flight No.A1-9505 of Air India from Kochi to Agati and they were deprived from returned journey from Agati to Kochi also. Thus they suffered huge financial loss, mental agony and harassment. It is further contended by the contended by the complainants that they also spent huge amount at Kochi during their stay from 29.12.2016 to 01.01.2017.
On the other hand, opposite party has not placed on record any document to prove that why the complainants were not allowed to travel in the flight whereas the tickets were confirmed by the opposite party. Regarding the plea taken by the opposite party about not providing the correct Booking ID which was required to trace the complainant’s account and verify the details of the complainants. It is observed that the respondent officials can easily search that how many passengers travelled through Air India from Kochi to Agati on dated 29.12.2016 and out of them how many passengers booked through the site of Make my trip and they can easily search the booking in the name of Mahima Bohra and her family members through Make my trip from Delhi to Kochi and thereafter from Kochi to Agati and back. Hence false and fabricated stand has been taken by the opposite party. Due to deficiency in service on the part of opposite party, the complainants were deprived from their journey from Kochi to Agati and returned journey from Agati to Kochi, but no response was given by the opposite party well within time. Hence the complainants have suffered a huge loss on account of defamation, financial loss on account of stay at hotels, as they have to spent more money on account of food and other items etc. Moreover, they could not enjoy their journey and whole of their journey had gone waste due to the deficiency in service on the part of opposite parties. As such complainants are entitled to the whole of the amount spent on their journey alongwith compensation and litigation expenses.
6. In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite party shall refund the whole fare amount i.e. Rs.152652/-(Rupees one lac fifty two thousand six hundred fifty two only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 01.01.2019 till its realization and shall also pay a sum of Rs.50000/-(Rupees fifty thousand only) on account of expenditure made by the complainant in the hotels etc. due to depriving the complainants from their journey from Kochi to Agati and back, to pay Rs.25000/-(Rupees twenty five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs.File be consigned to the record room after due compliance.
Announced in open court:
25.09.2020.
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Nagender Singh Kadian, President
……………………………….
Shriniwas Khundia, Member.
