Tamil Nadu

South Chennai

CC/87/2014

S.Suganth - Complainant(s)

Versus

Make My Trip India Pvt Ltd., - Opp.Party(s)

N.Jayakumar

19 Oct 2022

ORDER

Date of Complaint Filed : 25.10.2013

Date of Reservation      : 21.09.2022

Date of Order               : 19.10.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:  TMT. B. JIJAA, M.L.,                                          : PRESIDENT

                     THIRU. T.R. SIVAKUMHAR, B.A., B.L.,          :  MEMBER  I 

                     THIRU. S. NANDAGOPALAN., B.Sc., MBA.,  : MEMBER II

 

CONSUMER COMPLAINT No.87/2014

WEDNESDAY, THE 19^th DAY OF OCTOBER 2022

 

S. Suganth,

S/o. K. Sundar,

No.5108, 3^rd Floor,

'H' Block, 1^st Street,12th Main Road,

Anna Nagar West,

Chennai - 600 040.                                                           ... Complainant     

 

..Vs..

1.Make My Trip India Pvt. Ltd,

   Rep. by its Manager,

   Shop G 6, Ground Floor,  

   Gee Gee Emerald, 151 Village Road,

   Nungambakkam,

   (Landmark - Opposite Kwality Inn Aruna Hotel),

   Chennai - 600 034.

 

2.Make My Trip India Pvt. Ltd,

   Rep. by its Manager,

   No-16, 2^nd Cross Street Kasturbai Nagar,

   Near Gandhi Nagar Bus stand,

   Adyar, Chennai 600020.

 

3.Make My Trip India Pvt Ltd,

   Represented by its Managing Director,

   Tower A, SP Infocity,

   243, Udyog Vihar, Phase1,

   Gurgaon-122016.

   Haryana, India.                                                      ...  Opposite Parties

 

******

Counsel for the Complainant          : M/s. N.Jayakumar

Counsel for the Opposite Parties     : M/s. V.Selvaraj

       

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.50,000/- towards the medical expenses incurred for the treatment of the child and to pay a sum of Rs.2,00,000/- towards compensation for the mental agony and discomfort caused to the Complainant and to pay a sum of Rs.25,000/- towards the cost of this complaint.     

2.     The averments of Complaint in brief are as follows:-

The Complainant had booked flight tickets for his travel on January 3, 2013 (03:00 hrs) from Colombo to Chennai in Spicejet SG with the opposite parties for himself, his wife (Mrs. Rekha Velappan kala), and his child (Ms. Sapthana Suganth). He booked the ticket and paid the entire amount through the 1^stopposite party. The E ticket sent to the complaint reflected the names of the above three members. He boarded the flight at Colombo and the flight landed in Chennai, the airhostess requested them to sit in their seat and only after all the passengers got down, the Complainant and his family were permitted to get down from the flight in Chennai. He was detained by the Airport authorities at the early hours of January 3, 2013 saying that the complainant has not purchased the ticket for his child. The complainant’s wife, child, and he were made to stand in a freezing cold and the airport authorities had not even allowed the complainant's wife and child to sit in a safe place. When he was trying to show the photo copy of the e-ticket in his laptop mailed by the Opposite Parties' office but the airport authorities categorically informed that the amount for the infant ticket was not credited in Spicejet account. Further, the Airport authorities had severely accused the Complainant for not purchasing the ticket for his child. Immediately, the complainant tried to contact the opposite party he was made to run from pillar to post at the airport making his wife and child to wait with huge luggage in a unsafe condition in a freezing cold. The complainant was constrained to pay Rs.2,027/- towards infant ticket to the Spicejet authorities and went to home with so much of mental agony. His 9 months old baby was severely affected on the very next day and she was taken to the hospital and his wife was much depressed for few days after the incident.   The opposite parties having admitted their mistakes and negligent act of not transferring the collected ticket charges, chose to refund a sum of Rs.1,860/- towards ticket charges and a sum of Rs.2,055/- towards compensation. The opposite parties have arbitrarily fixed compensation of Rs. 2,055/- on their own and credited the same to the Complainant's account, without any knowledge, consent of the complainant. The Complainant had also informed the Opposite Parties that the transfer of such amount shall in no way affect the Complainant’s right to proceed legally to get compensation for the negligent and deficient service of the Opposite Parties from the appropriate judicial authorities. Hence the complaint.

3. Written Version filed by the Opposite Parties 1 to 3 in brief is as follows:-

The Opposite Parties submitted that as per the jurisdiction clause of the terms and conditions of user agreement this Hon’ble Forum does not have jurisdiction to entertain the present complaint. As per the jurisdiction clause of the user agreement only the court of NCR Delhi have the territorial jurisdiction to entertain the disputes arising out of the bookings. The Complainant inquired for bookings online and the payment for the same was also made online. The cause of action cannot to set to arise in a specific city, thereby the territorial jurisdiction of the instant complaint does not lie before this Forum. The Complainant must prove the loss suffered due to the act or omission of the Opposite Parties in order to alleged and receive monetary compensation. The Complainant is not entitled for any damages as there is no supporting proof that they have suffered any damage or loss by the act or omission of the Opposite Parties. The Complainant had utilized his booking made on 22.12.2012 however, once the Complainant deboarded     the flight along with his family members for whom the booking was made, there were stopped by the concerned airline officials and made to wait for long hours in cold weather of early January. This was done by the concerned airline officials on the pretext that they had not received the payment of the infant child travelling with the Complainant. It is submitted that while booking that air tickets in question there were some technical snag because of which booking of child travelling with then Complainant could not be confirmed and accordingly the payment was not received. As soon as the Opposite Parties came to know that the Complainant along with is family members were allegedly made to suffer at Chennai airport, the Opposite Parties refunded the amount paid by the Complainant at Chennai airport to concerned Airline company. The Opposite Parties immediately refunded Rs.1860/- and an additional sum of Rs.2000/- for the alleged inconvenience caused by the Complainant. The legal notice dated 22.04.2013 issued by the Complainant was duly replied by the Opposite Party dated 23.07.2013. The deficiency alleged by the Complainant in the present complaint is wrong, incorrect and no manner at tributable to the Opposite Parties. Hence the complaint is to be dismissed.

4.    The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as Ex.A-1 to Ex.A-18. The Opposite Parties 1 to 3 submitted his Proof Affidavit and Written Arguments. On the side of the Opposite Parties 1 to 3 documents were marked as Ex.B-1 to Ex.B-3.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1

        The undisputed facts are that the Complainant had booked flight ticket for the travel on 03.01.2013 at 3:00 hours from Colombo to Chennai in Spicejet SG with the Opposite Parties for the Complainant, his wife Mrs. Rekha Vellappan Kala and their child Ms.Saptahan Suganth by paying a sum of Rs.9642/- to the 1^st Opposite Party. The Complainant and his family boarded the fight at Colombo and landed in Chennai in the early hours of 03.01.2013.

        The dispute arose when the Airport authorities made the Complainant to wait for long hours on early hours of 03.01.2013 stating that the Complainant did not purchase ticket for his child, Sapthana Suganth.

        On perusal of Ex.A-1 and Ex.A-2 it is found that the Complainant had booked tickets with the Opposite Parties which was confirmed vide Booking ID-NN230253120609 on 22.12.2012. Ex.A-2 being the booking confirmation issued by the Opposite Parties reflects the name of the Complainant Mr.Suganth Sundar, Mrs.Rekha velappan Kala and Mstr.Sapthana Suganth on payment of Rs.9642/- for the travel on 03.01.2013 at 3.00 hours from Colombo to Chennai. The contention of the Complainant was that though he had tickets for himself and his wife and child the airport authorities had detained him for not purchasing the ticket for his child. As the Complainant could not contact the Opposite Party he was made to wait for long time in a freezing cold and was constrained to pay a sum of Rs.2027/- towards infant ticket which has caused so much mental agony for him and his wife. As per Ex.A-4 the Complainant has sent a mail dated 05.01.2013 to the Opposite Parties complaining the problems faced by him regarding the infant ticket. The Opposite Parties has sent a reply email on 09.01.2013 stating that they had paid to the airline for infant ticket. Subsequently on 11.01.2013 the Opposite Parties by its email had sought for the new ticket of infant which was directly purchased at the airport by the Complainant for processing refund of the same. As per Ex.A-10 by email dated 07.02.2013 the Opposite Party had informed the Complainant that they have refunded a sum of Rs.1860/- towards the infant ticket charges and also refunded a sum of Rs.2055/- as compensation which was suitably replied by the Complainant by email dated 12.02.2013, Ex.A-11.The Complainant further contended that the Opposite Parties had arbitrarily fixed compensation of Rs.2055/- on their own without getting consent from the Complainant.

        The contention of the Opposite Parties is that the Complainant, his wife and the child was allowed to travel by the Spicejet Airlines from Colombo. But due to technical error it is out of the control of the Opposite Parties the amount of the air ticket for the infant child could not be credited to their account. Immediately after removing the technical snag the Opposite Parties refunded the amount of Rs.1860/- to the Complainant which was paid by him to Spice Jet Airlines at Chennai Airport after completion of scheduled journey and an additional amount of Rs.2000/- was also paid to satisfy his customer, the Complainant.

        On careful consideration of the facts and circumstances of the case this Commission is of the considered view that the Complainant who had valid tickets for himself, his wife and their child for their travel on 03.01.2013 at 3.00 hours from Colombo to Chennai which was booked by the Opposite Parties after receiving entire payment from the Complainant, the Complainant and his family members on arriving at Chennai Airport at the early hours on 03.01.2013 where made to wait for no fault on the side of the Complainant. The Opposite Parties had acted in a negligent manner by not paying the flight fare of the Complainant’s child to the airlines and taking the defence that technical snag occurred which is beyond their control could not be sustainable. Though the Opposite Parties had subsequently refunded the ticket fare of the infant child the hardship and mental agony suffered by the Complainant is be sufficiently compensated. The Opposite Parties cannot by themselves fix an amount of Rs.2055/- and pay the said amount to the Complainant for their negligent attitude.

        In view of the foregoing discussion this Commission is of the considered view that the Opposite Parties 1 to 3 had committed deficiency of service. Accordingly Point No.1 is answered.

Point No.2 and 3:-

        As discussed as decided Point No.1 in favour of the Complainant, the Complainant is entitled to a sum of Rs.50,000/- towards deficiency in service and mental agony caused to the complainant along with cost of Rs.5,000/-. Accordingly, Point Nos.2 and 3 are answered.

In the result the Complaint is allowed in part. The Opposite Parties 1 to 3 are jointly and severally directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) towards deficiency in service and mental agony caused to the Complainant along with cost of Rs.3,000/- (Rupees Three Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 19^th of October 2022.

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

 

Ex.A1	22.12.2012	Copy of Flight fare details
Ex.A2	22.12.2012	Copy of Booking confirmation mail
Ex.A3	22.12.2012	Copy of Reservation Details
Ex.A4	05.01.2015	Copy of Mail communication between parties
Ex.A5	06.01.2013	Copy of Mail communication between parties
Ex.A6	07.01.2013	Copy of Mail communication between parties
Ex.A7	09.01.2013	Copy of Mail communication between parties
Ex.A8	11.01.2013	Copy of Mail communication between parties
Ex.A9	28.01.2013	Copy of Mail communication between parties
Ex.A10	07.02.2013	Copy of Mail communication between parties
Ex.A11	12.02.2013	Copy of Mail communication between parties
Ex.A12	16.02.2013	Copy of Mail communication between parties
Ex.A13	28.02.2013	Copy of Mail communication between parties
Ex.A14	01.03.2013	Copy of Mail communication between parties
Ex.A15	05.03.2013	Copy of Mail communication between parties
Ex.A16	-	Copy of Reservation report
Ex.A17	22.04.2013	Copy of Legal notice
Ex.A18	23.07.2013	Copy of Reply notice

 

 

 

List of documents filed on the side of the Opposite Parties:-

Ex.B1	09.12.2011	The copy of the Board of Resolution issued in favour of Ms.Aakansha Singh by the Opposite Party.
Ex.B2	-	Copy of User Agreement enumerating the Terms and Conditions as applicable and agreed between the parties.
Ex.B3	22.04.2013	Copy of letter issued by Opposite Party in reply to legal notice.

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT