| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/15/108 of 21.5.2015 Decided on: 5.4.2016 Smt.Sasikala Paleri Aged 52 years w/o Sh.Haridas KV ,R/O 40 Phase 1 Urban Estate, Patiala. …………...Complainant Versus Make My Trip India Pvt.Ltd., Tower A,SP Infocity 243, Udyog Vihar, Phase 1, Gurgaon, Haryana-122016 India …………….Op Complaint under Section 12 of the Consumer Protection Act. QUORUM Sh. A.P.S.Rajput, President Smt.Neelam Gupta, Member Smt.Sonia Bansal,Member Present: For the complainant: Sh.Hemant Nanda , Advocate For Op: Sh.Neeraj Malhotra, Advocate ORDER A.P.S.Rajput, PRESIDENT - Complainant Smt.Sasikala Paleri w/o Sh.Haridas KV, R/o 40 Phase 1 Urban Estate, Patiala has filed this complaint against the opposite party ( hereinafter referred to as the OP) under Section 11-14 of the Consumer Protection Act,1986(for short the Act). The brief facts of the complaint are as under:
- It is averred in the complaint that in order to facilitate the journey from Jaipur to Chandigarh, the complainant on 28th November,2014 got booked E-ticket through the Op having booking ID- NF 2203839346471 for travelling by Air India No.AI-611 from Jaipur to Delhi and AI-864 from Delhi to Chandigarh (Airline PNR JF 96R), the flights to be left on 20 December,2014 at 11.25 hrs and 14:00hrs respectively. It is further averred in the complaint that the complainant completed the journey from Jaipur-Delhi but the journey from Delhi –Chandigarh was cancelled due to weather reason and cancellation stamp in this regard was imposed on the ticket by Air India. A cancellation voucher was also given to the Op by the Air India, in which it has been clearly directed to the Op to refund the whole amount. It is further averred that after receipt of the cancellation voucher, the complainant requested the Op to cancel the tickets and to refund the booking amount. The Op cancelled the booking on 31.12.2014 but till today no refund amount of the cancelled tickets has been received by the complainant inspite of repeated calls made on customer care No.1800118747. The complainant also got served a legal notice dated 23.2.2015 upon the Op but to no effect. Thus, there is negligence/deficiency in service on the part of the Op. Hence this complaint with a prayer for a direction to the Op to refund amount of Rs.6267/-, Rs.50,000/- as compensation on account of mental tension and harassment and Rs.10,000/- as litigation expenses.
- On notice, the Op appeared and filed the written version having raised preliminary objections interalia that the complaint is bad for non joinder of necessary party and that this Forum has no jurisdiction to try and entertain the complaint. On merits it is not denied that on 28.11.2014 the complainant got booked the e-ticket for travelling from Jaipur to Delhi and from Delhi to Chandigarh through the OP vide booking ID-NF2203839346471 . It is denied that the booking amount if any has to be remitted by the Op without having receipt of the refund amount from Air India as there is no veracity of any voucher issued by Air India in respect of booking amount of un-utilized flight ticket. It is alleged that the flight to be taken by the complainant from Delhi to Chandigarh sector was directly cancelled by Air India(service provider). It is further alleged that the Op is simply acted as a booking facilitator and has duly discharged its duty by issuing the confirmed air ticket for the complainant and if the flight in question ( Delhi –Chandigarh) is directly cancelled by the service provider, the Op is not liable for any refund of the booking amount. It is stated that once the booking amount is received by the Op, the same is transferred to the service provide i.e. Air India after retaining the booking commission and in case the Op does not receive any refund of the booking amount from the Air India, the same can not be refunded by the Op itself. It is further stated that as soon as the complainant escalated her claim with the Op for the refund of the booking amount, the request was immediately forwarded with Air India to release the amount on account of cancellation of flight but despite regular follow ups made by the Op, no satisfactory reply was given by the Air India for the refund of the booking amount.Thus there is no deficiency of service on the part of the Op and is not liable for the refund of any booking amount. After denouncing all other averments made in the complaint, it is prayed to dismiss the complaint.
- In support of the complaint, the ld. Counsel for the complainant tendered in evidence Ex.CA the sworn affidavit of the complainant alongwith documents Exs.C1 to C16 and closed the evidence.
- On the other hand, the Op tendered in evidence Ex.OPA, the sworn affidavit of Sh.Saurabh Taneja, Dy.Manager of the OP alongwith the documents Exs. OP1 to OP3 and closed the evidence.
- The ld. counsel for the complainant has stated that the main controversy involved in the present complaint is that the complainant had purchased air lines ticket from OP at Patiala through internet and the flight from Delhi to Chandigarh was cancelled due to bad weather, the airline had instructed the OP to refund the amount of ticket, as it is evident from Ex.C-6 (colly) but the OP on one pretext or the other kept on delaying the matter. The ld. counsel submitted that despite sending e-mails i.e Ex-C8 & C9 and the reply to the email by the OP i.e Ex-C10 to 14, the OP was least bothered to refund the cancellation amount of the ticket. The ld. counsel pleaded that the conduct of the OP is very much clear from the record that the OP had been delaying the proceeding by filing one application or the other. He argued that instead of providing the reasons for delay in refund, the OP started changing its stand. The ld. counsel pleaded that it is well established from the act and conduct of the OP that it had acted negligently in redressing the grievance of the complainant.
- On the other hand, the ld. counsel for the OP submitted that the OP is only a commission agent, who acted as a bridge between the complainant and the main service provider is Air India. He stated that the Air India had only sent a SMS to the complainant about cancellation of the flight. He pleaded that in Ex.C-6 there is no mentioning or direction from Air India to OP to refund and the complainant is misinterpreting the same. The ld. counsel contended that the OP has specifically stated in the written statement and in its affidavit i.e Ex.OPA, that as per the terms and condition ie.Ex.OP2(colly) that the booking services shall not be responsible for any such circumstances and the customers have to contact that services provider directly for any further resolutions and refunds. The ld. counsel argued that it is evident from the emails i.e Ex.OP3 that the OP had made efforts for helping the complainant to receive the refund from the Air India and as gesture of good will also offered Rs.9000/- but the complainant insisted in going for litigation. He further argued that actually the cancellation of flight was to be refunded by the service provider i.e Company that operates the flight.
- We have heard the ld. counsel for the complainant and have thoroughly gone through the evidence, written arguments and the oral submissions. It is well established from copies of transactions i.e Ex.C1 to C-5 that the complainant had booked, paid and purchased the airlines tickets at Patiala from the OP. It is also established from the voucher of refund i.e Ex.C7 issued by Air India that the complainant was entitled for refund of the fare from New Delhi to Chandigarh due to cancellation of flight by the Air India. It is also evident from the emails i.e Ex.C-8 & C-9 and reply i.e Ex.C10 to Ex.C-11 to the same by OP that the complainant had made several requests to the OP for the refund but it is pertinent to mention here that in reply to the complainant the OP had no where stated or guided the complainant, that the payment of refund has to be released by the Airline and that the complainant should approach the Air India for the same but the OP has raised this issue only before the Forum. We have gone through the terms and conditions i.e Ex.OP2(colly) which states; “that the booking services shall not be responsible for any such circumstances and the customers have to contact that services provider directly for any further resolutions and refunds”, when this fact was in the knowledge of the OP, it was the duty of the OP to intimate and guide the complainant, rather the OP in the instant case had been misleading the complainant. In our opinion although the Air India was liable to make the refund as per the terms and conditions of the OP. We are of the view that the OP had committed deficiency of service by firstly not intimating the complainant of the actual fact and secondly by misguiding the complainant and thirdly by acting negligently in handling the grievance of the complainant, thereby causing unnecessary mental agony and unwanted litigation.
- Accordingly in view of our aforesaid discussion, we find that the OP had acted negligently thereby committed deficiency in service and caused mental agony and compelled complainant to indulge in unwanted litigation. Hence we find that complainant is entitled to a sum of Rs.5000/- on account of compensation and Rs.10,000/- on account of litigation costs. We also direct the complainant to claim the refund for cancellation of flight from Air India alongwith interest if any, as it was the authority to refund the same.
- The OP is further directed to comply with the order of this Forum within 45 days from the date of receipt of this order. In case OP fails to comply the same, within the stipulated period, the OP shall be liable to pay 9 % interest per annum on the aforesaid awarded amount till its realization. The present complaint stands partly accepted.
- The arguments on the complaint were heard on 29.3.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced Dated: 5.4.2016 Sonia Bansal Neelam Gupta A.P.S.Rajput Member Member President | |
