Tamil Nadu

North Chennai

CC/24/2017

G.N.Sriram - Complainant(s)

Versus

Make My Trip India Pvt Ltd Rep by its Managar - Opp.Party(s)

M.R.Uma Vijayan

17 Feb 2022

ORDER

Complaint presented on :27.01.2017

                                                                    Date of disposal            :17.02.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.                    : PRESIDENT

THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.24/2017

 

DATED THIS THURSDAY THE 17^th DAY OF FEBRUARY 2022

 

G.N.Sriram,

No.09, Flat No.5, Rams Apartment,

Doctor Nair Road,

T.Nagar, Chennai – 600 017.

 

                                                                                                     .. Complainant.                                                                               ..Vs..

 

1.Make my Trip (India) Pvt.Ltd.,

Rep by its Manager,

Shop G6, Ground Floor,

Gee Gee Emerald, 151 Village Road,

Nungambakkam, Chennai – 600 034.

 

2.  Make my Trip (India) Pvt.Ltd.,

Rep by its Manager,

UG-07, TDI Shoping Mall,

Rajmyi Garden, New Delhi – 110 027.

 

3.Air Pegasus Pvt.Ltd.

Rep by its Manager,                                              (Not pressed dismissed on

Air Port Office Chennai,                                         On 16.08.2017)

GST Road, Meenambakkam,

Chennai, Tamil Nadu – 600 027.

 

 

4. Air Pegasus Pvt.Ltd.

Rep by its Manager,

No.21/15, M.G.Road,

Bangalore – 560 001,

(Opposite to Trinity Metro Station)                                                                                                      

                                                                                                  ..  Opposite parties.

 

 

Counsel for the complainant                         : M/s. M.R.Uma Vijayan

Counsel for 1^st & 2^nd opposite parties           : Ex-parte

Counsel for  3^rd  opposite party                     : Not  Pressed

Counsel for  4^th  opposite party                     : Ex - parte

 

ORDER

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.6,117/- being cost of the air ticket and to pay a sum of Rs. 4,00,000/- towards compensation to pay a sum of Rs.10,000/- towards cost of this proceedings.

1.THE COMPLAINT IN BRIEF:

          The complainant is a budding lawyer practicing in the High Court of Madras met with a major accident and was in COMA for more than 1 month and underwent several major surgeries throughout his left body by implanting several metal roads especially in his entire left leg and hand intense medication he recuperated and leading his life without much strain and stress. The complainant in order to celebrate Diwali festival at his  home town along with his parents and family members he had booked a flight ticket through the platform of 1^st and 2^nd opposite parties on 14^th  July 2016 engaging the service of 3^rd and 4^th opposite parties to travel from Madurai  to Chennai on 30^th October 2016 and accordingly paid the entire ticket fair valuing Rs.3,312/- from his hard earned stipend through his debit card. The 1^st and 2^nd opposite parties had issued a Invoice No.NF77875 acknowledging and confirming his travel furnishing the flight details., likewise he had booked on 19^th July 2016 through 1^st and 2^nd  opposite parties engaging the service of 3^rd and 4^th opposite parties t travel from Chennai to Madurai on 27^th  October 2016 by paying the entire fair of Rs.2,805/- through his debit card. The 1^st and 2^nd opposite party by Invoice No.NF77909 acknowledging and confirming the flight details of his travel. On 13^th August 2016 the 1^st and 2^nd   opposite parties had informed him through mail about the cancellation of booking made by him due to the cancellation was recommended by 3^rd and 4^th opposite parties stating “due to some internal issues nevertheless confirmed that the cancellation was accepted with full refund” The complainant from the 3^rd and 4^th opposite parties to reschedule his travel plan due to the unfair practice and undisputed deficiency in service committed by the opposite parties, he had cancelled the above booking on 1^st September 2016, that the said cancellation was confirmed by 1^st and 2^nd opposite parties on the same date specifically stating the reason of cancellation as “Flight non-operational and proceed within 7 working days subject to verification” The complainant  did not receive any communication with regard to refund of his ticket fare ever since your admitted confirmation letter on 1^st September 2016 about cancellation and refund of ticket will be done within 7 working days. The complainant used their platform to avail the service of 3^rd & 4^th opposite parties which resulted in severe mental agony and hardship to the complainant due to their unfair trade practices and undisputed deficiency in service has to be suitably compensated by way of punitive damages to the tune of Rs.41 lakhs and refund of the entire ticket fare of Rs.6,117/- along with interest at the rate of 24% therein from the payment date till the date of realization.

02. In spite of receipt of notice, the opposite parties 1 to 4 had not appeared before this Commission and hence, the opposite parties 1^st,2^nd, & 4^th   were set ex-parte. The 1^st and 2^nd opposite parties filed CMP No.117/18 and CMP.No.118/18 to condone delay in filing  the petition to set aside the ex-parte order and petition to set aside ex-parte order along with written version and the same were dismissed on 04.03.2020.

          03. Though the opposite parties 1^st , 2^nd & 4^th  remained Ex-parte,  and the complainant against 3^rd opposite party was dismissed as not pressed  on 16.08.2017, this Commission is to dispose of this compliant fully on merits with available materials evidences before this Commission. 

          04. In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A13 are marked.  

 

05. POINTS FOR CONSIDERATION:

1.Whether there is deficiency in service on the part of the opposite parties?

2. Whether the opposite parties  are liable to pay Rs.6170 being the cost of Air  

     Ticket?

 

3.Whether the complainant is entitled for compensation and cost?

4. To what  other relief, the complainant is entitled?

06. POINT NO.1 to 3

          The complainant is a young lawyer met with an accident during 2013  and underwent major surgery and he is recapturing to lead normal life. The complainant in order to celebrate to Diwali at his home town  book a ticket from Chennai to Madurai on 27.10.2016 and Madurai to Chennai on 30.10.2016. The complainant booked the ticket on 14.07.2016  through 1^st & 2^nd opposite parties.

          07. The case of the complainant that the 1^st & 2^nd opposite parties on 13.08.2016 informed the complainant through mail that  booking was cancelled due to some to internal issues  and opposite parties also ready to refund the ticket amount.  But the opposite parties failed to refund the ticket amount inspite of repeated remainders and same caused mental agony to the complainant.

          08. The opposite parties  1 & 2 were set ex-parte. The complainant not pressed the case against 3^rd opposite party  and therefore complaint against 3^rd opposite party  was dismissed on 16.08.2017. The 4^th opposite party was  also set ex-parte.

09. The complainant filed Ex.A1 & Ex.A2  series medical records to show that he is undergoing treatment for his injuries sustained  during the accident. The complainant booked the  ticket through 1^st & 2^nd opposite parties on 14.07.2016  for travel on 27.10.2016 from Chennai to Madurai and on 30.10.2016 from Madurai to Chennai. The complainant paid total sum of Rs.3,312+2,805 = 6,117/- towards cost of the ticket. Ex.A7, Ex.A8 & Ex.A10 are the ticket and payment details. The 1^st & 2^nd opposite parties did not disputed the payment of ticket amount and booking of the ticket.

10. The 1^st & 2^nd opposite parties on 13.08.2016 informed to the complainant through mail about the cancellation of  booking made by the complainant and recommended for cancelation of booking. Therefore, the complainant cancelled the booking. The 3^rd  & 4^th opposite parties confirmed the cancellation stating that the cancellation was accepted with full refund. But the opposite parties failed to refund the ticket amount inspite of several remainders and inspite of issue of the legal notice. The opposite parties accepted the cancellation with full refund. Hence it is duty of the opposite parties to refund ticket amount to the complainant. But the opposite parties failed their duties and same amounts deficiency in service. The above attitude of the opposite parties caused mental agony and financial loss to the complainant. Therefore, there is deficiency in service on the part of the opposite parties and opposite parties are liable to pay Rs.6,117/- being the cost of the air ticket and also pay a sum of Rs.20,000/- towards compensation and 5,000/- towards cost of  this proceedings. The complaint against op3 dismissed as not pressed on 16.08.2017.         

11. POINT NO :4

In this result, this complaint is allowed in part. The opposite parties 1, 2 & 4 are jointly and severally ordered to pay Rs.6,117/-(Rupees six thousand one hundred and seventeen only) being the cost of the ticket and to pay a sum of Rs.20,000/-(Rupees twenty thousand only) towards compensation for causing mental agony besides a sum of Rs.5,000/-(Rupees five thousand only) towards cost of this proceedings to the complainant.

The above amount shall be paid to the complainant within 2 months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.  The complaint against op3 dismissed as not pressed on 16.08.2017.

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 17^th day of February 2022.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 21.11.2013                   Discharge summary of ATLAS Hospital

Ex.A2 dated 12.01.2014                   Discharge summary of KMC Hospital

Ex.A3 dated 14.07.2016                   Invoice

Ex.A4 dated 19.07.2016                   Invoice’

Ex.A5 dated 13.08.2016                   Mail from 1^st & 2^nd opposite parties

Ex.A6 dated 13.08.2016                   Mail from 1^st & 2^nd opposite parties

Ex.A7 dated 01.09.2016          Cancellation Request conformation mail from 1^st and 2^nd opposite parties

Ex.A8 dated 01.09.2016          Cancellation Request conformation mail from 1^st and 2^nd opposite parties

Ex.A9 dated 01.09.2016          Invoice

Ex.A10 dated 09.09.2016        Mail from 1^st & 2^nd opposite parties

Ex.A11 dated 24.09.2016        Mail transaction between complainant and opposite parties

Ex.A12 dated 31.08.2016        Mediation Receipt

& 05.10.2016

 

Ex.A13 dated 04.01.2017        Legal Notice and RPAD

                                                                  

 

 

MEMBER – I                                                               PRESIDENT