Chandigarh

DF-II

CC/89/2016

Rajesh Gupta - Complainant(s)

Versus

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

Anirudh Gupta Adv. & Ajay Pal Singh Adv.

09 Nov 2016

ORDER

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

 

Consumer Complaint  No	:	89 of 2016
Date  of  Institution	:	04.02.2016
Date   of   Decision	:	09.11.2016

 

 

 

 

 

Rajesh Gupta s/o Hans Raj Gupta, R/o H.No.1140, Sector 43-B, Chandigarh.  

 

            Complainants

Versus

 

1]  Make My Trip India Private Limited, SCO 43-44, Level-1, Sector 8-C, Madhya Marg, Chandigarh through its Branch Manager.

 

2]  The Managing Director, Make My Trip India Private Limited, having its registered Office at 243, Udyog Vihar, Phase-1, Gurgaon, New Delhi.

 

3]  Air Asia, through its Branch Manager, SCO 193-94-95, Sector 34-A, Chandigarh.

   

 Opposite Parties

 

BEFORE:  SH. RAJAN DEWAN           PRESIDENT

SH.RAVINDER SINGH          MEMBER

           

 

Argued By: Sh.Anirudh Gupta, Counsel for the complainant

Sh.Naveen Sharma, Counsel for OPs No.1 & 2.

Opposite Party-3

 

 

PER RAVINDER SINGH, MEMBER

 

                                 The complainant in his complaint has stated that he booked a family package tour from 22.12.2014 to 26.12.2014 for Bangalore, Mysore and Ooty vide booking ID No.IN1412B6S025956.  The complainant paid a total sum of Rs.90,000/- i.e. an amount of Rs.15,000/- on 10.12.2014 as advance and Rs.75,000/- on 12.12.2014, to Make My Trip India Private Limited.  As per the package, Make My Trip India Private Limited, booked his flight from Chandigarh to Banglore in Air Asia Flight No.I5-1825 for 22.12.2014 and returned Flight No.I5-1824 from Bangalore to Chandigarh by Air Asia for 26.12.2014. As per the package tour, the Hotels in Bangalore, Mysore and Ooty along with vehicle for local travel for the complainant was arranged by the OPs.  However, due to heavy fog, the flight of Air Asia No.I5-1825 from Chandigarh to Bangalore  on 22.12.2014 was cancelled and resultantly, the complainant along with his family failed to go ahead with his tour programme.

2]       The notice of complaint was issued to the OPs.  The Opposite Party NO.3-Air Asia through its Branch Manager at Chandigarh, did not appear before this Forum despite notice and hence, it was proceeded exparte vide order dated 11.3.2016. 

 

3]       The OPs No.1 & 2 appeared before this Forum through their counsel and filed reply on 01.4.2016. 

         The OPs NO.1 & 2 in their reply refuted the allegations, as alleged by the complainant in the complaint. The OPs NO.1 & 2 in their reply in Para No.12 stated that they have already refunded Rs.15,000/- to the complainant and ready to refund Rs.69,584/- to the complainant.  They have alleged that the complainant was requested a number of times to intimate his details about his bank account to enable them to deposit the said amount in his account, but due to non-disclosure of such details, the refund of Rs.69,584/- could not be effected in his bank, hence this delay.      

         The Opposite Parties NO.1 & 2 have stated that they have arranged the tour programme of the complainant meticulously, but due to adverse climatic condition on that particular date i.e. 22.12.2014, the flight was cancelled and there is no intentional lapse on their part.  It has been further alleged that they offered alternative flight to the complainant on extra cost of Rs.40,000/-, which was not agreed to by the complainant himself.  The OPs No.1 & 2 have further alleged that the Hotels, were booked for the complainant for his stay at Bangalore, Mysore and Ooty, but the Hotel at Mysore booked for the stay of complainant, refused to refund the booking amount. The OPs NO.1 & 2 in their reply have raised preliminary objection regarding territorial jurisdiction of District Consumer Forum at Chandigarh.

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the record.

 

6]       After consideration of pleadings of the parties and the documents relied upon by the parties, it is found that the complainant has made the payment of Rs.90,000/- to the OPs for the tour programme, along with his family, to Bangalore, Mysore and Ooty in Dec., 2014.  Though the booked flight of Air Asia from Chandigarh to Banglore on 22.12.2014 was cancelled due to heavy fog in the area, beyond the human control, but he has every right to receive back the amount, which he had paid for the trip/tour. In the present case, only Rs.15,000/- has been paid back to the complainant on 28.12.2014.  The rest of the amount of Rs.75,000/- has not been refunded to the complainant by the OPs so far.  The lame excuse of procedural delay on the part of the airlines in processing of refund and refusal of the booking amount by the Hotel at Mysore, is not sustainable.  The OPs are solely responsible for the refund of rest of the amount to the complainant.  They cannot escape from their liability for the refund of the amount stating their internal working constraints.  The delay on the part of the OPs in refusal of balance amount of Rs.75,000/- cannot be acquiesced and it constitute to deficiency in service on their part.

 

7]       The complainant is resident of Chandigarh and he has booked the tour package programme with the OPs from Chandigarh itself.  The initial flight of the complainant was to take off from Chandigarh itself and as such, this Consumer Forum at Chandigarh (UT), has territorial jurisdiction to decide this complaint.  It is pertinent to point out that the copy of the agreement (Ann.B) filed by OPs No.1 & 2 along with their reply, does not bear signatures of the complainant or any other party, thus it cannot be relied upon to oust the territorial jurisdiction of District Consumer Forum, Chandigarh. 

 

8]       Keeping in view the totality of circumstances and facts in issue, it is established that the OPs suffered from deficiency in their services in non-payment/refund of balance amount of Rs.75,000/- to the complainant.  Hence, we allow this complaint and direct the OPs jointly & severally as under:-

 

 [a] To refund Rs.75,000/- to the complainant along with interest at the rate of 6% per annum from the date of cancellation of the flight i.e. 22.12.2014 till it is paid;

[b] To pay an amount of Rs.10,000/- as litigation expenses to complainant.

         This order shall be complied with by the OPs jointly & severally within a period of 45 days from the date of receipt of its certified copy, failing which they shall be liable to pay the awarded amount, as at sub-para [a] above, along with interest @12% p.a. from the date of cancellation of the flight i.e. 22.12.2014 till it is paid, apart from paying the litigation expenses.

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

Announced

09^th November, 2016                                                                Sd/-

(RAJAN DEWAN)

                                       PRESIDENT

 

 

Sd/-

(RAVINDER SINGH)

MEMBER