Chandigarh

DF-II

CC/998/2019

Pranshu Gupta - Complainant(s)

Versus

Make My Trip (India) Pvt. Ltd. having its registered office: B-36, First Floor, Pusa Road, New Delhi - Opp.Party(s)

Krishan M. Vohra Adv. & J.K. Aneja Adv.

17 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	998 of 2019
Date  of  Institution	:	01.10.2019
Date   of   Decision	:	17.05.2023

 

 

 

 

 

Pranshu Gupta son of Sh.Varinder Gupta, resident of House No.31, NAC Manimajra, Chandigarh U.T.

            …..Complainant

 

Versus

1]  Make My Trip (India) Pvt. Ltd. having its registered office: B-36, First Floor, Pusa Road, New Delhi 110005 through its Director/Manager/Authorised Person

        2^nd Address:-

Make My Trip (India) Pvt. Ltd. having its support office at Tower A, B and C, Epitome Building No.5, DLF Cyber City, Phase-II, Gurugram 122002 (Haryana) through its Director/Manager/Authorised Person

        3^rd Address:-

Make My Trip (India) Pvt. Ltd. having its Branch Office at S.C.O. No.169-170, First Floor, Sector 8-C, Madhya Marg, Chandigarh 160018 through its Director/Manager/Authorised Person

2]  Citi Bank N.A. Acropolis, New Door No.148 (Old No.68), Dr. Radhakrishnan Salai, Mylapore, Chennai 600004

        2^nd Address:

Citi Bank, S.C.O. No.4-5, Madhya Marg, Sector 8-C, Chandigarh 160009 through its Proprietor/ Partner/ Director/ Manager/ Authorized Person

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

                               

Argued by:-     Sh.Krishan M. Vohra, Counsel of complainant along with complainant in person.

                Sh.Gaurav Rana, Counsel of OP No.1.

                None for OP No.2.

             

PER B. M. SHARMA, MEMBER

        The case of the complainant precisely is that the complainant along with his family wanted to go for round trip vacation to Copenhagen and Stockholm via Dubai from Delhi, whereas the OP No.1 in collaboration with the OP No.2 were offering a scheme for an instant savings of Rs.5000/- plus cashback of Rs.10,000/- per passenger on booking of flight ticket for round trip. It is stated that the name of the deal code of the scheme/offer was “MMTCITI” which was valid till 28.2.2019 with condition that the payment should be done from Citi bank Card Only. Accordingly, the complainant made booking of 4 passengers from the OP NO.1 website on 28.2.2019 costing Rs.1,99,590.36 and the said payment was made by the complainant through Citi Bank Platinum Credit Card of his uncle (Ann.C-1). It is stated that the complainant while making said booking, selected the deal code “MMTCITI” to avail the offer and she also took screen shot of that Ann.C-2.  However, no cash back has been received by the complainant though the flight booking and payment information has been received (Ann.C-3). The complainant approached the OPs a number of time and also sent legal notice to the OP No.1, but the OPs failed to pay the cashback amount.  Hence, this complaint has been preferred alleging deficiency in service and unfair trade practice on the part of the OPs.   

 

2]      The Opposite Party No.1 (Makemy Trip) has filed written version and while admitting the factual matrix of the case, stated that as per terms & conditions agree upon by complainant at the time of booking of the ticket, it is clearly stipulated that to avail discounts using the coupon codes, the coupon codes must mandatorily be entered before confirming the booking and only then could the complainant avail the discounts.  It is also stated that as per record, the tickets were confirmed on 28.2.2019 at 22:00:17 and the screenshot attached to the complaint is of 10:01 where no date is mentioned.  It is submitted that the complainant at the time of booking the ticket forgot to apply the coupon code and in order to derive undue benefits has filed the screenshot of some later date and time.  It is also submitted that the complainant has no locus standi to file the present complaint as the payment has been made from her uncle’s Citi Bank Credit Card. Pleading no deficiency in service and denying other allegations, the OP NO.1 has prayed for dismissal of the complaint.

 

3]      The Opposite Party No.2 – CitiBank has also filed written version and while admitting the factual matrix of the case, stated that the complainant has no locus standi to file the present complaint.  It is stated that the complainant is not a Citi bank customer and the credit card referred by the complainant pertains to one Mr.Pankaj Goel who is not arrayed as a party to this complaint, so answering OP is unable to disclose any information of the transaction pertaining to a Citi customer, to a third party without the express consent of the customer or a court order. It is submitted that the OP received an email from Cardholder Mr.Pankaj Goel on April 30, 2019 and the same was duly replied and communicated that they are unable to process the cash back as the said transaction is not part of the OP No.1 file (Ann.C).  Denying all other allegations and pleading no deficiency in service, the OP No.2 prayed for dismissal of complaint.

 

4]      Parties led evidence in support of their contentions.

 

5]      We have heard the Counsel for the parties and have gone through the documents on record including written arguments.

 

6]      The main grouse of the complainant is regarding non-credit of cashback of Rs.10,000/- per passenger as per offer of the OPs on booking of flight tickets. 

 

7]      It is an admitted case of the complainant that the payment of the booking in question against which cashback is being sought was made from the Citi Credit Card of her Uncle. The complainant has not disputed that the said payment was made from Mr.Pankaj Goel’s Credit Card, as alleged by the OPs, whereas Mr.Pankaj Goel is not the party to the present complaint. Since the complainant did not make any transaction or payment as per stipulated terms & conditions, she has no locus standi to file present complaint for seeking any relief in respect of such transaction/payment.  Therefore, the present complaint, being not maintainable, is hereby dismissed. No order as to costs.

 

          Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

17^th May, 2023                                                                         Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER