Tamil Nadu

North Chennai

171/2013

T.A.Prassana, - Complainant(s)

Versus

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

M/s.Anand Abdul & vinod Associates.

06 Jun 2017

ORDER

 

                                                            Complaint presented on:  11.09.2013

                                                                Order pronounced on:  06.06.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

TUESDAY THE 6^th DAY OF JUNE 2017

 

C.C.NO.171/2013

 

 

1.Mr.T.A.Prasanna,

No.33, 1^st Main Road,

C.I.T.Colony,

Chennai – 600 004.

 

2.Ms.T.A.Indira Priya,

No.33, 1^st Main Road,

C.I.T. Colony,

Chennai – 600 004

                                                                                    ….. Complainants

 

..Vs..

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

Tower A, SP Infocity,

243, Udyog Vihar, Phase 1,

Gurgaon,

Haryana – 122 016.

 

2. Mr.Deep Kalra,

Founder & Chief Executive Officer,

Make My Trip (India) Pvt Ltd (Head Office)

Tower A, SP Inforcity,

243, Udyog Vihar, Phase 1,

Gurgaon,

Haryana – 122 016.

 

3. Mr. Vivek H.Gour,

Director,

Make My Trip (India) Pvt Ltd (Head Office)

Tower A, SP Inforcity,

243, Udyog Vihar, Phase 1,

Gurgaon,

Haryana – 122 016.

 

4. Delta Airlines (Corporate Office)

Plot No-5, 18^th Floor,

Poddar House,

10^th Marine Drive Road, Church Gate,                 (Amended as per order in  

 Mumbai – 400 020.                                        CMP.No.12/2016 dated on 23.03.16)

                                            

                                                                         

 

.....Opposite Parties

Date of complaint                            : 12.09.2013

Counsel for Complainant                 : M/s. Anand, Abdul & Vinodh Associates

Counsel for 1 to 3 Opposite Parties    : M/s.V.Selvaraj, CH.Venugopalamoorthy

 

Counsel for 4^th Opposite Party                  : Ex - parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to  direct the Opposite Parties to refund a sum of Rs.91,000/- towards the ticket amount and also to pay a sum of Rs.2,79,950/- for the expenses incurred by the Complainants including the new tickets and also to pay  compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The 1^st Complainant booked ticket on 06.02.2013 for his daughter the 2^nd Complainant in the Delta Airlines for Travelling from Minneapolis in the USA to Delhi, via Amsterdam through the Opposite Parties 1 to 3 website by making payment through his ICICI Bank Debit Card from Chennai. The 2^nd Complainant in flight No. DL 264  to depart on 05.02.2013 at 19.25 hours from Minneapolis to Amsterdam and the  arrival time at Amsterdam on 06.02.2013 at 10.50 hours and the connecting Delta Flight No. DL -9574 which was to depart on the same day at 12.00 hours from Amsterdam and the arrival time at New Delhi was on 07.02.2013 at 0.15 hours.

          2. The 2^nd Complainant approached the Delta Airlines at Minneapolis terminal for boarding pass to Amsterdam and Amsterdam to New Delhi. The Delta Airlines refused to issue her boarding pass from Amsterdam to New Delhi as there were no seats available in the flight. The 4^th Opposite Party refused to confirm her ticket, as the booking done by the 1^st Opposite Party did not reflect in their system and hence the Delta Airlines also could not issue any letter of cancellation as such no booking was made as per their records.  The Complainants ticket is an E-ticket dated 06.02.2013.  The efforts of the 2^nd Complainant went in vain as she could not get boarding pass.  Though the 2nd Complainant wanted to book ticket through other sectors all were fully booked and hence she could not go to her function. The Complainants was made to wait Minneapolis Airport till next day morning with agony.   The 2^nd Complainant was forced to cancel her betrothal function was fixed on 08.02.2013.

          3. The 2^nd Complainant spent a further sum of Rs.2,79,950/- in Lufthansa Airlines  to travel on 21.02.2013 from Minneapolis to Chennai via Chicago and Frankfurt. The act of the Opposite Parties in providing false and misleading information and non confirmation of  her booking proves the negligent act of the Opposite Parties and the unfair trade practice. The Complainant issued legal notice dated 01.03.2013 to the Opposite Parties to refund the sum of Rs. 91,000/- collected by the Opposite Parties with compensation for Rs.5,00,000/- for the negligent act and deficiency in service  of the Opposite Parties and also to pay a sum of Rs.2,79,950/- for the expenses incurred by the Complainants including purchase of new tickets in the Lufthansa  airlines with cost of the Complainant.

4. WRITTEN VERSION OF THE   OPPOSITE PARTIES 1 TO 3  IN BRIEF:

          The Opposite Parties 1 to 3 is an organization engaged in on-line and offline booking of travel tickets and accommodation in relation to various airlines tickets, accommodation in hotels, resorts, etc. for which it has been  authorized by the said service providers to make bookings.  As per the jurisdiction clause of the User Agreement, only the Courts of NCR Delhi have the territorial jurisdiction to entertain the disputes, if any, arising out of the bookings.  The instant Complaint is bad in the eyes of law on the ground of Mis joinder of Answering Opposite Party as the necessary party. It is specifically submitted that as per the due course of answering Opposite Party business, answering Opposite Party simply facilitated the booking of the air ticket in the name of Complainant and issued the same to Complainant well in advance from the time of departure.

          5. As per the booking schedule, the booking could not be materialized on the pretext that the Complainants reached Airport to board the scheduled flight of Minneapolis (USA) – Amsterdam _ Delhi sector late and his booking was marked as “NO SHOW” by the airline company. The answering Opposite Party just acted as a facilitator for booking Airlines Tickets for Complainants in Delta Airlines flight. The Complainants inquired about the available options for making the said booking. In that capacity, the answering Opposite Party duly exercised its duty by making the desired booking for Complainants in Delta Airlines Irrespective of the fact that the contention of Opposite Party No.4 may not be relied on the point of “NO SHOW”, then non issuance of boarding pass irrespective of having confirmed Air Tickets falls within the category of deficiency on the part of Opposite Party No.4 only. Therefore, if at all any default as alleged is made on the part of Delta Airlines, then answering Opposite Party cannot be held liable. The answering Opposite Party has just acted as an agent of Delta Airlines and merely facilitated for booking Air ticket of Minneapolis (USA) – Amsterdam – Delhi in the name of Complainants. In between if any default is made at the end of Delta Airlines, then answering Opposite Party at no stage may be held  liable for anything which is not done at its end.

          6. The Complainants must prove the loss suffered due to the acts or omission of the answering Opposite Party in order to allege and receive monetary compensation. However, in this case no refund was processed from the Delta Airlines. This is the reason why no refund was processed to the account of Complainants from the end of answering Opposite Party Company. The answering Opposite Party being a booking agent had issued the confirmed air tickets for Complainants therefore; this Opposite Party being a booking agent discharged its duty and prays to dismiss the Complaint with costs.

7. POINTS FOR CONSIDERATION:

          1. Whether this Forum has jurisdiction to entertain this Complaint?

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

          3. Whether the complainant is entitled to any relief? If so to what extent?

8. POINT NO :1

          The Opposite Parties 1 to 3 raised an objection that this Forum has no jurisdiction to entertain this Complaint in view of the terms and conditions of these Opposite Parties and the courts only at New Delhi has jurisdiction. These Opposite Parties may have the terms and conditions in respect of jurisdiction as stated by them. However, the 1^st Complainant had booked the tickets at Chennai through the Opposite Parties website by paying money from his bank account at Chennai. Therefore, the booking transaction of ticket was done only at Chennai and therefore this Forum has jurisdiction to entertain this Complaint.

9. POINT NO:2

          The admitted facts are that the 1^st Complainant booked an E-ticket on 06.02.2013 for his daughter the 2^nd Complainant to travel in the 4^th Opposite Party Delta Airlines for Travelling from Minneapolis in the USA to Delhi via Amsterdam through the Opposite Parties 1 to 3 website by making payment through his ICICI Bank Debit Card from Chennai and the said ticket copy is marked as Ex.A1  and as per the ticket  the 2^nd Complainant in flight  No. DL 264  to depart on 05.02.2013 at 19.25 hours from Minneapolis to Amsterdam and the  arrival time at Amsterdam on 06.02.2013 at 10.50 hours and the connecting Delta Flight No. DL -9574 which was to depart on the same day at 12.00 hours from Amsterdam and the arrival time at New Delhi was on 07.02.2013 at 0.15 hours.   

10. The case of the Complainants is that the  2^nd Complainant approached the Delta Airlines at Minneapolis terminal for boarding pass to Amsterdam and Amsterdam to New Delhi and  the Delta Airlines officials refused to issue her boarding pass from Amsterdam to New Delhi   as  no seats available on that flight and hence  the 4^th Opposite Party refused to confirm her ticket, as the  booking done by the 1^st Opposite Party did not reflect in their system and hence the Delta Airlines could not issue any letter of cancellation  as such no booking was made as per their records  and consequently the Complainants was made to wait overnight in the foreign airport and  further she was forced to cancel her betrothal function which was fixed on 08.02.2013 in India and the above incident occurred only due to the negligent act of the Opposite Parties and caused mental agony to her and hence she had filed this Complaint.

11. The case of the Opposite Parties 1 to 3 is that they are only facilitator for booking air ticket and other tickets to their customers and this Complainants was issued with confirmed air  tickets being a booking agent discharged their duty and   when the 2^nd Complainant approached the  Minneapolis terminal  for issuance of boarding pass she reached the airport  late and her booking was marked as “NO SHOW”  by the 4^th Opposite Party / Airline company and further no refund was processed for the Complainants by the Delta Airlines  and hence the Complainants have filed this Complaint with ulterior motive to get compensation and hence prays to dismiss the Complaint.

12. The Opposite Parties 1 to 3 categorically stated in their written version that they issued the confirmed air tickets to the Complainants.  When the confirmed ticket issued to the Complainants, the airlines/4^th Opposite Party ought to have issued boarding pass as per the ticket of the 2^nd Complainant. The 4^th Opposite Party remained absent and set ex-parte.  The Opposite Parties 1 to 3 would contend that as the 2^nd Opposite Party reached the airport late, her bookings marked as “NO SHOW”. The confirmed ticket how will it show as “NO SHOW” and the same will not be accepted.  The 2^nd  Complainant was having a valid ticket to travel in the 4^th Opposite Party airlines has not been disputed. Therefore, the 4^th Opposite Party failed to issue the boarding pass for the travel of the 2^nd Opposite Party  is deficiency on its part.

13. The Opposite Parties 1 to 3 would specifically contend that they are only facilitator in booking tickets as an agent and therefore they are not negligent towards the Complainant. The 2^nd Complainant requested the 4^th Opposite Party to issue boarding pass on the basis of the ticket booked by them. Further these Opposite Parties only contend that while checking it was shown  as NO SHOW” as per the ticket of the Complainants.  Having these Opposite Parties have issued confirmed ticket and while checking the ticket it was shown “NO SHOW” and hence they were also equally liable for the boarding pass not issued by the airlines.  Further till date none of the parties have refunded the ticket amounts to the Complainants, even though they were well aware that the 4^th Opposite Party had not issued boarding pass to the 2^nd Complainant and    she had not travelled as per the ticket Ex.A1 issued by them. Therefore, for the aforesaid discussions we hold that the Opposite Parties 1 to 4 have committed deficiency in service.

14. POINT NO:3

          The Complainants booked Ex.A1 ticket by using ICICI Debit Card of the 1^st Complainant and  his Statement of Account (Ex.A3)  issued by the said bank discloses that a sum of Rs.91,000/-  was debited  from the 1^st Complainant account in favour of the Make My Trip/ 1^st Opposite Party. Therefore, the Complainant entitled for such amount of Rs.91,000/- from the Opposite Parties 1 to 4  being spent for purchasing ticket for the 2^nd Complainant.  The 2^nd  Complainant was made to wait at Minneapolis  Airport and as she was unable to board the flight at Minneapolis Airport on 05.02.2013  and consequently she was forced to cancel her betrothal fixed 08.02.2013 in India. Therefore, the Complainants faced untold sufferings and mental agony is accepted and for the same it would be to appropriate  to order the Opposite Parties 1 to 4 to pay  a sum of Rs.1,00,000/- towards compensation for mental agony. The Complainants also claimed a sum of Rs.2,79,950/- for the expenses incurred for the purchase of a new ticket. Any how the 2^nd Complainant has to spend sum amount for travel ticket expenses to come to India. Since the first ticket amount of Rs.91,000/- already decided to direct the Opposite Parties to pay to the Complainants, the second time ticket charges purchased by her is not entitled to get refund from the Opposite Parties.  Further what kind of expenses incurred by her other than the purchase of the ticket have not been clearly stated in the Complaint. Hence the Complainants is not entitled for the claim amount of Rs.2,79,950/- . However, it is further ordered that the Opposite Parties have to pay a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Parties 1 to 4 jointly or severally are ordered to refund a sum of Rs.91,000/- (Rupees ninety one thousand  only) towards the ticket amount to the Complainants and also to pay  a sum of Rs. 1,00,000/- (Rupees one lakh only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses. The Complaint in respect of other relief is dismissed.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 06^th day of June 2017.

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 06.02.2013                   Copy of E-ticket from Minnepolis to Amsterdam

                                                    & from Amsterdam to New Delhi

 

Ex.A2 dated 21.02.2013                   Fresh Air Ticket

 

Ex.A3 dated NIL                     Accounts Statement from 01.02.2013 to

                                                    14.05.2013 (Debit Card Statement)

 

Ex.A4 dated 06.02.2013                   E-mail by the 1^st Complainant and reply e-mail

                                                   form the Opposite Parties

 

Ex.A5 dated 01.03.2013                   Copy of legal notice with on line delivery report

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

                                                …. NIL ……

 

 

 

MEMBER – II                                                               PRESIDENT