Chandigarh

DF-II

CC/879/2019

Rajat Sharma - Complainant(s)

Versus

Make My Trip India Private Limited - Opp.Party(s)

Sudhir Kashyap Adv. & Pushpender Saini Adv.

10 May 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	879 of 2019
Date  of  Institution	:	03.09.2019
Date   of   Decision	:	10.05.2021

 

 

 

 

1]  Rajat Sharma,

2]  Prachi Sharma,

3]  Riya Sharma through their natural & legal guardian father Rajat Sharma,

4]  Atharva Sharma, through their natural & legal guardian father Rajat Sharma,

All residents of House NO.95,Top Floor, Sector 28-A, Chandigarh (UT)

             …..Complainants

Versus

1]  Make My Trip India Private Limited, having its head office at DLF Building No.5, Tower B, DLF Cyber city, DLF Phase-2, Sector 25, Gurugram, Harya 122002 and registered Office at B-36, Ist Floor, Pusa Road, New Delhi 110005.

2]  Jet Airways having its office at Siroya Centre, Sahar Airport Road, Ashok Nagar, Andheri East, Mumbai Maharashtra 400099

   ….. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING    MEMBER 

                    SH.B.M.SHARMA                      MEMBER

 

 

Argued by :- Sh.Sudhir Kashyap, Advocate for complainants

  Sh.Nitin Bhasin, Adv. for OP No.1.

  OP No.2 exparte.

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Briefly stated, the complainants booked return air- ticket dated 13.3.2019 for travelling from Chandigarh to Bagdogra and Bagdogra to Chandigarh (to and fro) from the website/web-portal of OP as per booking details given in para 3 of the complaint. The booking was confirmed after payment of Rs.51688/- including convenience charges for return air travel. The booking was exclusively done from the website of OP No.1 i.e. Make my Trip website and not from Airline portal. The copy of tax invoice dated 13.3.2019 and e-ticket dated 6.6.2019 is Annexure C-1 (colly).  The grievance of the complainant is that JET Airways flight from Bagdogra to Chandigarh dated 14.6.2019 was cancelled without prior notice and without assigning any reason and neither alternative arrangements were made by the OPs for the return travel despite repeated requests made by the complainants nor any refund was made to the complainants thereby causing financial loss and harassments to them. Ultimately, the complainants had to book another flight for their return by paying additional amount of Rs.36469/- including convenience charges.  Copy of tax invoice dated 19.4.2019 and e-ticket dated 14.6.2019 are Anenxure C-2 (colly). It is  stated that when the OP NO.1 did not refund their money a legal notice dated 18.7.2019 was sent which was replied   vide letter dated 27.8.2019 wherein the liability was shifted on the Airline company i.e. Jet Airways which has become defunct and is under insolvency proceedings before the National Company Law Tribunal, Mumbai Bench.  It is stated that till date the complainants have not been refunded their money by the OPs.  Hence, this complaint has been filed alleging the said act & conduct of OPs as gross deficiency in service and unfair trade practice. 

 

2]       The OP No.1 have filed reply and while admitting the factual matrix of the case, stated that the complaint is not maintainable against it as the liability of OP No.1 is to the extent of booking of the ticket and once the confirmed ticket is issued to the complainants the OP No.1 is discharged from its obligation and duties qua the said booking. It is further stated that at the time of bookings the complainants duly agreed to the terms and conditions of the ‘User Agreement’ wherein it is mentioned that in case of cancellation of flight, it is the liability of the Airlines to refund the amount and it is duly mentioned in the guidelines issued by the DGCA.   However, the answering  OP has initiated the refund process on behalf of the complainant and the same has been forwarded to the concerned Airlines and the concerned Airlines is to refund or reschedule the ticket or bookings in lieu of charges duly agreed upon at the time of making bookings.  It is also stated that the complainants are governed by the cancellation and refund policy of the concerned Airlines, which prevails over  the terms and conditions of the answering OP in case of any conflict as per the cancellation policy. Denying all other allegations and pleading no deficiency in service or unfair trade practice, the OPs have prayed for dismissal of the complaint.

         OP No.2 was served through publication in the news paper, however, none appeared on behalf of OP No.2, hence it was proceeded against exparte on 30.12.2020.

 

3]       The contesting parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have gone through the entire record.

 

5]       It is well established on record that the complainants booked to & fro air tickets on 13.3.2019 through OP No.1 for Chandigarh to Bagdogra of Indigo Airlines for 6.6.2019 and Bagdogra to Chandigarh for 14.6.2019 through Jet Airways by making payment of Rs.51,688/-.  It is also an admitted fact that the OP No.2 abruptly and without intimation cancelled the return flight booked for 14.6.2019.

 

6]       It is vehemently argued on behalf of the complainants that the repeated requests made by the complainants for any alternative arrangement for the flight or for the refund of the booking amount were not entertained by OP No.1 and thus, the complainants were forced to book another return ticket causing financial loss as well as mental & physical harassment. 

 

7]       In contradiction to the allegations set out by the complainants, the OP No.1 in its reply claimed that the airline in question i.e. Jet Airways/OP No.2 has been placed into bankruptcy protection dated 20.6.2019 and an Interim Resolution Professional has been appointed by the Hon’ble National Company Law Tribunal.  It is also stated that OP NO.1 has filed all the details of customer claims including of complainant due from Jet Airways with Hon’ble NCLT. 

 

8]       After giving a thoughtful consideration to the submissions made by the parties and thorough perusal of the record, we are of the considered opinion that OP No.1/Make My Trip India Private Limited, failed to discharge its obligation of providing due services to the complainants besides being paid for the convenience fee as is evident from the air tickets (Ann.C-1 colly).  The OP No.1 also failed to act upon as per its own terms & conditions as stipulated in User Agreement (Ann.R-1).  For the sake of convenience, we hereby reproduce the relevant clause of the User Agreement i.e. FORCE MAJEURE at Page No.15 (Ann.R-1):-

“There can be exceptional circumstances where MMT and/or the Service Provider may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of MMT.  If MMT has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators.  The User agrees that MMT being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.  

               

9]       Keeping in mind the above condition, as incorporated in the User Agreement, we have observed that the OP No.1 neither provided/made any alternative arrangement for the return journey of the complainants against the confirmed booking for 14.6.2019 made through them almost three months prior nor they timely applied for the refund from the concerned airline.  It is only after the passing of order dated 20.6.2019 by the Hon’ble National Company Law Tribunal vide which Jet Airways has been placed into bankruptcy protection,  the OP No.1 has filed customer claims including that of the complainants for refund of the amount of confirmed air-tickets for 14.6.2019. The OP No.1 has failed to render proper service as per their own User Agreement. 

 

10]      It is well presumed that the OP No.1 being in active sector of air-ticket booking, was very well in the knowledge  about the ongoing insolvency proceedings of Jet Airways, but still it did not act swiftly to mitigate the loss caused to the complainants and rather acted as a mute spectator. Thus the deficiency in rendering proper service to the complainants is writ large on the part of OP No.1. 

                               

11]      Taking into account the above discussion & findings the deficiency in service on the part of OP No.1 has been proved. Therefore, the present complaint is allowed against OP No.1 with direction to refund an amount of Rs.29,080/- to the complainant (the cost of return air-tickets) and also to pay a compository amount of Rs.10,000/- towards compensation for causing mental & physical harassment including litigation expenses.

         However, the OP No.1 may got all necessary documents/vouchers signed from the complainant(s) enabling it to get & retain the refund of the cancelled air-tickets in question pertaining to complainants, as and when received by it per order of Hon’ble NCLT.

 

         This order shall be complied with by the OP No.1 within a period of 30 days from the date of receipt of copy of this order, failing which it shall also be liable to pay additional cost of Rs.10,000/-apart from above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

10^th May, 2021                                                                                                                                                                        sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER