Chandigarh

StateCommission

A/70/2021

Make My Trip India Pvt. Ltd. - Complainant(s)

Versus

Dr. Komaldeep Kaur Bedi - Opp.Party(s)

Zenith Law Chambers Adv.

11 May 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	70 of 2021
Date of Institution	19.08.2021
Date of Decision	11.05.2022

Make My Trip (India) Pvt. Ltd. (MMT), 19^th Floor, Tower A/B/C Epitome, Building No.5, DLF Cyber City, DLF Phase-III, Gurgaon-122002.

                                                           …..Appellant/Opposite Party No.2

Versus

1. Dr. Komaldeep Kaur Bedi D/o Late S. Kuldip Singh, Senior Consultant Ophthalmology, Healing Hospital, Sector 34-A, Chandigarh, Union Territory-160002.
2. Dr. Manmohan Singh Bedi S/o Late S. Bhagwant Singh Bedi, Associate Director, General & GI Surgery, Max Hospital, Phase-6, Mohali - 160055.  
3.  

 

3. Make My Trip (MMT), SCO No.169-170, Sector 8-C, Madhya Marg, Chandigarh-160018, through its Manager/AR.

                            

                                        …..Proforma Respondent/Opposite Party No.1

BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                 MRS. PADMA PANDEY, MEMBER

                 MR. RAJESH K. ARYA, MEMBER

               

Argued by: Sh. Gaurav Rana, Advocate for the appellant.

                 Sh. Pranab Bansal, Advocate for the respondents No.1 & 2.

Respondent No.3 exparte vide order dated 7.12.2021.

                       

PER PADMA PANDEY, MEMBER

              This appeal is directed against an order dated 09.07.2021, rendered by District Consumer Disputes Redressal Forum-II (now District Commission-II), U.T., Chandigarh (in the short ‘the District Commission’ only), vide which, it allowed the Consumer Complaint against Opposite Parties, with the following directions: -

“In the light of above observations, we are of the considered view that the Opposite Parties are found deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainants deserves to succeed against the Opposite Parties.  Accordingly, the complaint stands allowed with direction to OPs to refund to the complainants an amount of Rs.50,981/- along with interest @9% p.a. from the date of filing the complaint till realisation.  The OPs are also directed to pay a compensation of Rs.25,000/- to the complainant for causing immense harassment and mental agony due to their deficient services, along with litigation cost of Rs.10,000/-.

The above said order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.10,000/- apart from the above relief.”

2. The facts, in brief, are that the complainants had booked round trip flight tickets from Delhi to Dubai on Make My Trip/Opposite Parties website on 03.11.2019 for 18.12.2019 and 24.12.2019 through their registered account with Opposite Parties under name of Dr. Manmohan Singh Bedi (Annexure C-1) and also booked Hotel for the same date, after making payment through their Credit Card vide Annexures C-1 to C-3. It was stated that on 24.11.2019 at midnight, some fraudulent activities happened on their registered account on Opposite Parties platform and all their flights and hotel booking were cancelled.  It was further stated that this was informed to the Opposite Parties, whereupon the official of Opposite Parties namely Ms. Ankita Saha informed them that their email ID had been hacked, whereas the Opposite Parties have been informed that their email has not been hacked, rather their account created with Opposite Parties has been hacked. It was further stated that when the complainants looked closely at all whatsapp messages from whatsapp number of Make My Trip (MMT), it was found that on 24.11.2019 midnight, hacker first created OPS black account on OPS platform, then the complainants' flight tickets were cancelled and it was written in that message that the refund amount of Rs.59618/- (NN7110548132354 booking reference number) will be credited in their account in next 3-12 days and around 8 messages were received after cancelled flight message of redeeming of 8 Zomato vouchers. It was further stated that after a while there was Message that    the complainants’ hotel booking (NH2302838639538 booking reference number) had also been cancelled and refund amount of Rs.62967/- rupees will be credited in their account in next 3-12 days and subsequently, there were again similar 8 messages of redemption of Zomato vouchers. It was further stated that the complainants checked their account on Opposite Parties site and found that some hacker had claimed 16 Zomato vouchers of Rs.7500/- each through same OPS Black account which appears to have been created fraudulently on 24.11.2019 midnight.
3. It was further stated that the complainants immediately again called up Opposite Parties Customer care phone number and again apprised them of fraud going on their platform in the form of fraudulent cancellations and redeeming of Zomato vouchers and requested him to freeze their OPS account. The Customer care person told the complainants that he will immediately freeze their OPS account and as well as all those zomato vouchers fraudulently claimed. It was further stated that he assured the complainants that they will get their full money back in the same account from which they have paid for bookings and complainants will not be penalized for the cancellation which they have not done and the official of the Opposite Parties also told the complainants that he will inform their risk control team about the same. It was further stated that on 27.11.2019 Ms. Ankita Saha e-mailed the complainants that she had forwarded all SMS and whatsapp massages to concerned team and asked the complainants to wait for 24-48 hours for their refund, but the complainants never received any refund amount in their card account.  It was further stated that the complainants lodged complaint about the said fraudulent activity with Cyber Cell and on intervention of crime branch, the Opposite Parties deposited Rs.1,20,000/- in the wallet account of the complainants, but still the amount lost due to flight cancellation was not refunded by the Opposite Parties, as promised.  It was further stated that the aforesaid act of the Opposite Party, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint, was filed.
4. The Opposite Parties filed their reply and admitted the factual matrix of the case and stated the Opposite Parties have duly initiated the refund process towards the complainants and in accordance to the Cancellation Charges agreed to by the complainant, which was clearly mentioned in the E-Ticket, duly provided to the complainant and accordingly, on 24.01.2020 refunded Rs.61,000/- in the original mode of payment via Refund Reference No.20012486996 in lieu of the cancellation of the concerned Hotel Booking and Rs.59,000/- in the original mode of payment via Refund Reference No.20012485007. It was further stated that the Opposite Parties have refunded the complete amount in the original mode of payment of the complainant in accordance to the Cancellation Policy and therefore, no further refund is applicable and no cause of action is attributable to the Opposite Parties.  It was further stated that the cancellation of the confirmed booking can only be initiated through the registered User Account of the complainant which has been registered with the email ID: mmsbedi@rediffmail.com and can only be accessed by using the password pertaining to the said email account, so, the Opposite Parties cannot be held liable for the cancellation of the said confirmed bookings. It was further stated that in the present case, the email ID of the complainants has been compromised which further led to compromise of his MMT login details, probably because of same/similar password.  It was further stated that on the instance of the complainant, the representatives of the Opposite Party No.2 duly checked the web portal activity of the instance of cancellation and found out that the said cancellation was initiated on 25.11.2019 at 01:09 Hours by sending an OTP on the mobile number as well as on the email of the Complainant No.2 i.e. mmsbedi@rediffmail.com, and the same could only be accessed by the complainants or any person authorized by her. It was further stated that the refund made to the MMT Wallet was used to redeem Zomato Vouchers, on which the Opposite Parties have no control and in pursuance of the same, the representatives of the Opposite Parties duly informed the complainants that the Opposite Parties are not liable for any refund since the email ID of the complainants was compromised to obtain OTP and further advised the complainants to lodge a complaint with cybercrime and further suggested the complainants to keep a strong password for MakeMyTrip ID, personal email ID / public accounts to minimize future risks of the account being compromised.  It was further stated that despite the refund request being made by the complainants for transfer of the refund amount to the MMT Wallet, the Opposite Party No.2, has duly refunded the amount in the original mode of payment. It was further stated that there is no deficiency in service on their part, and the Opposite Parties had prayed for dismissal of the complaint.
5. In the rejoinder, filed by the complainants, they reiterated all the averments of Opposite Parties, contained in the complaint.
6. The parties led evidence, in support of their case.
7. After hearing the Counsel for the Parties, and, on going through the evidence, and record of the case, the District Commission, allowed the complaint against the Opposite Parties, as stated above.
8. Feeling aggrieved, the instant appeal, has been filed by the Opposite Party No.2.
9. We have heard the Counsel for the Parties and have gone through the evidence, and record of the case, carefully.
10. After giving our thoughtful consideration, to the contentions, advanced by the Counsel for the Parties, and the evidence, on record, we are of the considered opinion, that the appeal is liable to be dismissed, for the reasons to be recorded hereinafter.
11. We find from the record that the respondents/complainants had suffered tremendously on account of deficiency in service offered by the appellant/respondent No.3. Whatever may be reason of hacking of the site of the appellants, it is respondents No.1 & 2 who had suffered mental agony due to cancellation of his booking. It is also observed from the record that the appellant/respondent No.3 did not honor their commitment and refund the cost of their tickets, but only with intervention with the cyber cell an amount of Rs.1,20,000/- was deposited in the Wallet account of the respondents
    No.1 & 2. But still the amount lost due to flight cancelled was not refunded by the appellant/respondent No.3., and therefore, this Commission feels that the order passed by the learned District Commission does not suffer from any illegality and this Commission is inclined to fall in line with the decision of the District Commission and accordingly, the appeal stands dismissed.
12. For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, with no order as to costs. The order of the District Commission is upheld.
13. Consequently, Miscellaneous Application No.651 of 2021 for staying the operation of the impugned order dated 09.07.2021 also stands dismissed, having been rendered infructuous.
14. Certified copies of this order, be sent to the parties, free of charge.
15. The file be consigned to Record Room, after completion.

 

 

Pronounced.

11.05.2022

 

                                                                    Sd/-      

                         [JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

                                                               

                                                                          Sd/-

[PADMA PANDEY]

MEMBER

 

Sd/-

                                                                      [RAJESH K. ARYA]

 MEMBER

Gp