The case was filed by Saibal Chatterjee S/o. Late Satyendra Kumar Chatterjee residing at Nabin Chandra Road, Puratan Bazar, P.O. & P.S. – Baruipur, District-South 24 Parganas, Kolkata – 700 144 against Make My Trip Group Pvt. Ltd. , 19th Floor, Apitone Building, No.5, DLF Cyber City, DLF West III, Gurugram - 122 002, Haryana.
The case of the complainant in brief is that the complainant decided to go to London from Kolkata via Bangaluru. The complainant on 06.02.2020 using on line portal of the Opposite Party, booked a return ticket from Kolkata to London Heathrow via Bangaluru for 01.04.2020 by paying a total amount of Rs.48,868/- (Rupees forty eight thousand eight hundred and sixty eight) in total that included a conveyance fee of Rs.1,039/-, bearing ticket No.098-3758011298 which was issued by Air India having PNR No.YD5D5 (Annexure-I). On 27.03.2020OP an e-mail was sent to the complainant regarding the trip and it was informed that the Air India Flight being Flight No.A1-775 and A1-177 travelling from Kolkata to London Heathrow via Bangaluru for 01.04.2020 was cancelled and that email had an option of refund or on flight booking (Annexure-II).
On 28.03.2020, OP sent another e-mail and informed that the Air India Flight was cancelled due to Nation wide Lock Down due to COVID-19 Pandemic (Annexure-III). The complainant opted for the option of refund and the process of refund was initiated by the complainant. On 16.09.2020, the complainant received an e-mail from OP and through the mail it was mentioned that an amount of Rs.13,538/- (Rupees thirteen thousand five hundred and thirty eight) would be deducted from the total consideration amount of Rs.48,868/- (Annexure-IV).
On 24.09.2020, the complainant approached Air India and endorsed the Flight Ticket of the complainant for full refund. (Annexure-V).
On 28.09.2020, complainant sent an email to the OP with copy of endorsed Air Ticket, requesting the OP to refund the amount of Rs.47,829/- (Rupees forty seven thousand eight hundred and twenty nine) after deducting an amount of Rs.1039/-(Rupees one thousand and thirty nine) for convenience fee from the total amount of Rs.48,868/-(Annexure-VI).
On 29.09.2020 the complainant received an e-mail from the side of OP that refund process has been initiated (Annexure-VII).
That on multiple occasions the complainant tried to communicate with the OP to know the refund process. But the OP ignored. On 12.01.2021 complainant received an e-mail from OP and in that e-mail, OP informed that a total amount of Rs.46,010/- (Rupees forty six thousand and ten) has been credited in the electronic wallet of the complainant after deducting an amount Rs.1,809/- for Airlines cancellation fee and Rs.1,039/- for convenience fee, donation amount of Rs.10/-, making the total deductible amount as Rs.2,858/- from the total gross amount of Rs.48,868/- (Annexure-VIII).
Being dissatisfied, the complainant filed an RTI application on 08.09.2021 to the Executive Director Customer Service, Air India Reservation Complex, New Delhi-110 003 for an information about the total amount of refund generated against PNR No.-YD5D5 (RTI Receipt-Annexure-IX). On 02.12.2021, the General Manager (C) Air India Limited, Delhi – 110 003 sent a letter in response to the RTI dated 08.09.2021 that Air India refunded the amount of Rs.49,772/- to Make My Trip and only the GST amount of Rs.550/- has been deducted (Annexure-X). On 11.01.2022 the complainant sent a letter to the OP and requested to refund the entire amount of Rs.48,868/- and the complainant further requested to the OP to refund the amount to his Credit Card Account instead of the electronic wallet provided by the OP (Annexure-XI).
On 03.06.2022, complainant sent a letter to the OP with a request to refund the amount of Rs.47,829/- from the total amount of Rs.48,868/-(Annexure-XII). But the OP did not refund the said amount. The OP adopted an unfair trade practice. The cause of action arose on 03.06.2022. The complainant was facing financial crisis due to the deficiency in services on the part of the OP. OP failed to refund the money. As such, finding no other alternative the complainant by filing the instant complaint case, prayed for refund of the amount of Rs.47,829/- from the total amount of Rs.48,868/- as paid for purchase of flight ticket, with interest, Rs.5,000/- for litigation cost and Rs.20,000/- for mental harassment.
In the written version of the OP, it was stated that the OP is well reputed company and has a very large customer base amongst others, manages and operates the website: www.makemytrip.com. The contents of the complaint are misconceived, frivolous and mala fide and are nothing but a flagrant abuse of the process of the law. OP provides all travel related first class services, not limited to Air Ticketing, Railway Ticketing but also Hotel Booking at a very competitive prices. OP stated in his statement that the complainant booked his ticket on 06.02.2020, from Kolkata to London Heathrow via Bangaluru. The booking amount was Rs.48,868/-. OP also stated that the amount of Rs.46,010/- was refunded by the Air Lines and the same was duly processed for payment to the complainants MMT wallet. But the complainant did not avail it in time. OP stated that once a booking is confirmed by the concerned service providers, the same is shared with the customers and the OP is discharged from his obligations and duties. The relationship shared between the answering OP and the concerned service provider is on a principal to principal basis. The complainant has miserably failed to disclose any cause of action against OP. The Answering OP being a facilitator has accelerated the refund requests to the Air Lines, wherein the amount of Rs.46,010/- was refunded by the Air Lines and the same was duly processed for payment to the complainants’ MMT wallet. But the complainant did not avail the said amount for a long time. The OP again approached the complainant and asked for the account details for NEFT transfer but the complainant asked for a heavy compensation. So, there is no deficiency in services and the complainant has no cause of action against the OP. The correspondence which took place between the complainant and the Air India is not within the knowledge of OP, complainant did not inform the OP that refund was not given to him by Airlines. The Govt. guideline during pandemic (COVID-19) is known to the complainant. OP prays for dismissal of the case. Being merely a facilitator, OP should be discharged from the complaint. The complainant’s issue is pertaining to non-receipt of full refund of the booking amount. Thus Airlines should be the party to this complaint in the interest of justice. The said complaint is liable to be dismissed on the grounds of mis-joinder and non-joinder of parties.
The case was filed on 16.08.2022 and was admitted on 26.08.2022. OP files W/V on 01.11.2022. On 01.04.2023 OP filed questionnaire. On 26.04.2023 complainant files reply. Both parties filed their BNA and argument of both sides were heard. Accordingly, we proceeded for giving judgement.
Points for consideration :-
- Is the complainant a consumer ?
- Is the OP guilty of deficiency of service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Points No.1, 2 & 3 :-
All the points are taken up together for a comprehensive discussion.
On perusal of the documents and records, it appears that the complainant booked Air Ticket from Make My Trip Pvt. Ltd. The complainant paid money for booking Air Tickets. OP provides travel related services. As the complainant paid money to the OP, the complainant is a consumer U/S 2(7) of the C. P. Act., 2019.
The complainant booked a return ticket from Kolkata to London via Bangaluru dated 01.04.2020 and Ticket No. 098-3758011298 was issued by Air India having PNR No.YD5D5. Due to Nation-wide Lock Down and as a result of Pandemic (COVID-19), the Flight from Kolkata to London via Bangaluru was cancelled and it was informed by the OP to the complainant. The complainant paid Rs.48,868/- in total on line by his Credit Card which included convenience fee of Rs.1,039/- only for booking the above mentioned ticket from the website of the OP (Make My Trip).
The complainant received e-mail from the OP on 27.03.2020 and 28.03.2020, that the Air India Flights were cancelled due the Nation-wide Lock Down imposed as a result of COVID -19 Pandemic. Complainant opted for the option of refund and subsequently a process of refund was initiated on 16.09.2020. Complainant received an e-mail from the OP stating that an amount of Rs.13,538/- would be deducted from the total amount of Rs.48,868/- with a break-up of . Rs.11,000/- as Air Line fee, Rs.550/- for GST, Rs.300/- for RAF, Rs.649/- for MMT fee and Rs.1039/- as conveyance fee from the total consideration amount of Rs.48,868/-. On 24.09.2020 complainant approached Air India and got endorsed the Flight Ticket for a full refund. On 12.01.2021, the complainant received an e-mail from the OP that the total amount of Rs.46,010/- has been credited in the electronic wallet provided by the OP, after deducting an amount of Rs.1809/- for Air Lines cancellation and Rs.1039/- for conveyance fee, Rs.10/- donation only making total deducted amount Rs.2858/- from the total amount Rs.48,868/-.
Air India had refunded the full amount to Make My Trip for Flight Ticket bearing Ticket No:098-3758011298 and PNR No.YD5D5. Copy of the letter has been attached (annexure-X). OP stated in their W/V that they refunded the amount of Rs.46,010/- which was refunded by the Airline but the said amount was denied by the complainant who asked for the compensation. The complainant stated that refund was made by the OP and the same was credited to the electronic wallet, so that the complainant can not avail it.
In that perspective, Hon’ble Supreme Court passed judgement in Pravasi Legal Cell and Ors. Vs Union of India Ors. In writ petition (C )D No-10966 of 2020 with writ petition © No-570 of 2020, writ petition © 595 of 2020 and writ petitionNo-952 of 2020 on 01.10.2020 relating to refund on cancellation of Air Tickets during COVID-19 Lock Down. Therefore, as per Order of the Hon’ble Supreme Court that if the Tickets have been booked during the Lockdown Period through a Travel Agency for a travel in the Lock Down Period, in all such cases full refund shall be given without any cancellation fee by the Air Lines immediately. On such refund the amount shall be passed on immediately by the agent to the passengers. So as per Order of the Hon’ble Supreme court and circular of Director General of Civil Aviation (DGCA) (Annexure-X-I), Air India refunded the full amount to Make My Trip for Flight Ticket No.098-3758011298 and PNR No.YD5D5 and only GST amount Rs.550/- has been deducted and the remaining amount has been reimbursed to the OP on 30.12.2020. After deduction, OP credited only Rs.46,010/- from the total amount of Rs.48,868/-. So as the wrongful deduction made by the OP, the complainant had to suffer mental agony, harassment and also faced financial crisis. It is due to deficiency in service and unfair trade practice of the OP. Hence, the complainant is entitled to get the relief as prayed for. Hence, all the points are decided in favour of complainant and against the OP.
In the result, complaint case succeeds.
Court fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed on contest against the OP with cost of Rs.10,000/- (Rupees Ten Thousand).
OP is directed to refund Rs.47,829/- (Rupees Forty Seven Thousand Eight Hundred and Twenty Nine) with 9% simple interest w.e.f. 03.06.2022 till the date of final realization thereof within 45 days from the date of passing this order.
The OP is directed to pay Rs.10,000/- (Rupees Ten Thousand) for mental pain and harassment suffered by the complainant within 45 days from the date of passing this order.
The litigation cost of Rs.10,000/- (Rupees Ten Thousand) is to be paid by the OP within the stipulated period of 45 days.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OP within 45 days from the date of passing this order.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
Shampa Ghosh
Member
