BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.595 of 2014
Date of institution: 01.10.2014
Date of Decision: 15.06.2015
Davinder Singh son of Harbans Singh resident of House No.444, Phase-4, SAS Nagar, Mohali, 2nd Address: New Diamond Jewellers, Shop No.46-47, Phase-4, Sector 59, SAS Market, SAS Nagar, Mohali.
……..Complainant
Versus
1. Make My Trip India Pvt. Ltd., 243, SP Infocity, Udyog Vihar, Phase-1, Gurgaon, Haryana through its Managing Director, having its Local Office at Chandigarh i.e. Make My Trip India Pvt. Ltd., SCO No.43-44, Level 1, Madhya Marg, Sector 8-C, Chandigarh through its Manager.
2. Dipika Chemjong, Senior Executive Outbound Operations, MakeMyTrip.com, 243 SP Infocity, Udyog Vihar, Phase-1, Gurgaon, Haryana.
3. Alok Kumar Pandey, Executive, MakeMyTrip.com, 243 SP Infocity, Udyog Vihar, Phase-1, Gurgaon, Haryana.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Mrs. R.K. Aulakh, Member.
Present: Shri Jagtar Kureel, counsel for the complainant.
Shri Naveen Sharma, counsel for the OPs.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 for issuance of following directions to the Opposite Parties (for short ‘the OPs’):
- to refund him Rs.1,00,000/- with interest @ 18% per annum.
- to pay him Rs.25,000/- towards harassment, mental and physical agony.
(c) to pay him Rs.25,000/- as compensation
(d) to pay him Rs.15,000/- as litigation expenses.
The complainant’s case is that he contacted the OPs on their website for spending his holidays in foreign country. The representative of OP No.1 sent e-mail dated 08.03.2014 Ex.C-1 to the complainant with regard to holiday package namely Swiss Paris Delight for 5 nights and 6 days for travel during the months of June, July, August and September, 2014. The total price of the package was quoted as Rs.69,990/- + EUR 459 x 80 as per the prevailing rate of the Euo = INR 106990- INR 170000 + INR 3.09% = 92,500. It was also mentioned that the above price has been calculated as per the Euro rate prevailing at that time i.e. 1 Euro = 67 INR and final payment would be calculated on the date when the complainant would pay the final amount of the tour package. On the asking of the OPs, the complainant deposited Rs.60,000/- in the account of the OPs which was confirmed by the OPs vide e-mail dated 16.06.2014 Ex.C-2. The OPs also mentioned in the e-mail that they have booked the tour package on booking ID No.IN 1403B6S054485 with departure date as 13.08.2014 from New Delhi for 2 adults. OP No.2 sent e-mail dated 04.07.2014 Ex.C-3 to the complainant vide which they asked the complainant to sent the requisite documents through courier which the complainant sent. Vide e-mail dated 18.07.2014 the OPs asked the complainant to deposit a further sum of Rs.50,000/- in the account of OP No.1. The complainant asked the Ops about the status of his visa but OP No.2 informed the complainant that the complainant is required to deposit minimum Rs.40,000/- for the visa otherwise his booking would be cancelled. The complainant deposited Rs.40,000/- in the account of OP No.1 through credit card on 21.07.2014 which was admitted by the OPs vide e-mail dated 22.07.2014. Interview for visa was fixed on 24.07.2014 and OP No.3 guided the complainant. The complainant went to Swiss Embassy on 24.07.2014 for interview and the interviewer enquired about the name of the hotel booked for the complainant and also the tickets but as these details were not shared by the OPs with the complainant, thus he could not give reply to the interviewer. The complainant vide e-mail dated 25.07.2014 Ex.C-4 informed the OPs about the aforesaid fact. OP No.2 vide e-mail dated 28.07.2014 informed the complainant that his visa is still in process and asked the complainant to wait for some more time. However, vide e-mail dated 28.07.2014 Ex.C-5 OP No.3 informed the complainant that his visa has been rejected. Thus vide email dated 28.07.2014 the complainant asked the Ops to refund his total deposited amount of Rs.1,00,000/- or to adjust this amount in another package but the Ops refused to refund or adjust the amount on the ground that they have already issued the tickets. Thereafter, the complainant number of mails to the OPs but his amount has not been refunded by the OPs. Thus, with these allegations the complainant has filed the present complaint.
2. The OPs in the written statement have pleaded in the preliminary objections that the complaint is not maintainable either on merits or as per law. This Forum does not have jurisdiction to entertain the complaint as per the terms and conditions of User Agreement executed between the parties. The OPs acted as a facilitator for booking the international trip and issuance or rejection of visa is the absolute prerogative of the concerned Embassy and the OPs have no role to pay in this regard. The OPs first arranged/booked the air tickets and hotel accommodation for the complainant and his wife and thereafter processed the visa application annexing therewith details of flights and hotels before concerned embassy. The complainant was called by the concerned embassy for interview. The visa was rejected on the ground of false representation made by the complainant before the visa issuance authority. The complainant has also concealed the fact that on two earlier occasions, his visa for UK was revoked after issuance and visa of complainant’s wife was also rejected. The complainant is not entitled to refund as per cancellation policy. Thus, denying any deficiency in service on their part, the OPs have sought dismissal of the complaint.
3. Evidence of the complainant consists of his affidavits Ex.CW-1/1 and Ex.CW-1/2; copies of documents Ex.C-1 to C-15.
4. Evidence of the OPs consists of affidavit of Deepak Taneja, their Deputy Manager Ex.OP-1/1.
5. We have heard the learned counsel for the parties and gone through their written arguments.
6. Admittedly the complainant has availed the services of the OPs for purchase of two adult tickets for holiday package namely Swiss Paris Delight for 5 nights and 6 days for travel during the months of June, July, August and September, 2014. Admittedly the complainant has paid a total sum of Rs.1,00,000/- to the OPs. Admittedly, the complainant went to Swiss Embassy on 24.07.2014 for interview and the visa authorisied enquired about the name of the hotel booked and copy of the air tickets booked by him. Since both details were not provided by the OPs to the complainant and the complainant could not provide the same to visa authorized and could not satisfy them with their specific queries. The complainant informed about the issue i.e. non supply of details of hotel booking as well as tickets to OPs vide e-mail dated 25.07.2014 Ex.C-4 and sought refund of deposited amount from the OPs. Instead of giving him the details sought or refund of the amount, the Ops kept quiet and then finally on 29.07.2014 Ex.C-5 informed that the tickets are already issued and are non refundable and visa cost has been given to the embassy. Thereafter the complainant suggested an alternate in the event of non refund to give him another package as the amount of Rs.1.00 lac has already stand deposited with them as he has not availed the benefit of the already issued tickets. Thereafter, the Ops have taken altogether ‘u’ turn that the visa is still in process and the complainant will be updated accordingly as neither the complainant has got the visa, nor the details of hotel booking as well as air fare tickets and non refund of the deposited amount is an act of deficiency in service on the part of the Ops.
7. Admittedly the complainant has not travelled and the detail of amounts spent by the OPs on hotel booking as well as air fare has not been placed on record. It is admitted fact between the parties that the complainant has availed of the package. The e-mails exchanged between the parties particularly Ex.C-4 dated 25.07.2014 is not disputed.
8. The mere stand that the tickets are already issued and are not refundable without supporting any documents in this regard, a bald assertion on the part of the Ops is of no help to them. Thus, once it is admitted position that the complainant has not travelled and in the absence of any specific clause regarding refund in the agreement between user and make my trip i.e. Annexure-B attached with the reply of the OPs, we feel that the act of the OPs for retaining the amount of Rs.1.00 lac deposited by the complainant without providing him any services in lieu thereof, is an act of deficiency in service and unfair trade practice. Though it is an admitted position that the complainant has availed the package namely Swiss Paris Delight for 5 nights and 6 days for travel during the months of June, July, August and September, 2014, therefore, the Ops at the most entitled to retain some portion of the deposited amount for the services provided i.e. making the arrangements for air ticketing and package which includes 5 night and 6 days stay etc. In support of our findings we take the support of decision of Hon’ble UT State Consumer Disputes Commission in Bhupender Singh Ghangas Vs. Make My Trip Pvt. Ltd. decided on 30.09.2013. Thus, we feel that the complainant’s complaint deserves to be allowed and the complainant deserves to be compensated.
9. Hence the complaint is allowed with the following directions to the OPs:
(a) to refund 50% of the deposited amount of Rs.1.00 lac alongwith interest @ 9% per annum from the dates of deposit till realisation.
(b) to pay lump sum compensation of Rs.20,000/- (Rs. Twenty thousand only) towards mental agony, harassment and costs of litigation.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
June 15, 2015.
(Mrs. Madhu P. Singh)
President
(Mrs. R.K. Aulakh)
Member
