Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 495.
Instituted on : 24.09.2019.
Decided on : 14.03.2022.
Deewanshu Gupta s/o Mahender Kumar Gupta R/o H.No.214/22, Vikas Nagar, Sonepat Road, Rohtak.
………..Complainant.
Vs.
Make My Trip (India) Pvt. Ltd. B-36, 1st Floor, Pusa Road, New Delhi-110005 through its Managing Director.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. SHYAM LAL, MEMBER.
Present: Sh.Piyush Sharma, Advocate for the complainant.
Sh.Gaurav Arya, Advocate for the opposite party.
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case are that relative of complainant i.e. Mrs. Archana Mittal has purchased a ticket of American Airlines from an agent namely M/s Synergy Travel World, New Delhi on 08.07.2019 . The ticket was booked from Delhi to London and London to Los Angels for 14th July and return from Denver to London and London to Delhi on 13-14 Aug 2019. On 18th July the relative of complainant asked him to get the return ticket preponed from 27 July 2019 instead of 13-14 August 2019. The complainant contacted the agent M/s Synergy travel world, New Delhi to get this ticket re-issued but he refused to do the same, hence the complainant contacted American Airlines. Call center executive of American Airlines told the complainant that ticket has been issued by Make My Trip booking id NN3916741891768 hence same can be changed by Make my trip only. Accordingly the complainant contacted the call center of the respondent company and asked them to change the ticket. The call center executive Ms. Seher shared a link on the cell number 9215506253 of complainant for payment of Rs.24976/- on account of date change charges. The complainant made the alleged payment through his SBI Credit Card No.4687426274177400 and immediately he got the message from the bank about deduction of payment from his SBI Credit Card Account. The call centre executive Ms. Seher told the complainant that respondent company has not received the said payment so the complainant has to make payment from another card/account. When the complainant asked Ms. Seher about the debit message received from SBI Credit Card, she assured him that this amount will be refunded in same credit Card automatically as unsuccessful transaction. Accordingly she sent him another link for payment of Rs.24976/- on his email i.d jaishiram.gupta@ gmail.Com.. Hence he again paid the same amount through his another credit card of HDFC. As usual he got the message from HDFC bank about deduction of payment . This time also Ms. Seher told him that the company has not received the payment and the same will be refunded in same account and advised him to make payment through credit card of some other person and assured him that respondent company is not going to charge/accept multiple payments for one transaction. On the assurance of Ms. Seher the complainant paid the same amount for the third time through another HDFC credit card of his uncle Mr. Ramesh Gupta and Mr. Ramesh Gupta also got message on his mobile about deduction of this amount. This time also Ms. Seher rejected the claim of receiving the third payment and also shown regret about the technical problem of respondent company’s payment gateway and requested the complainant to make payment through net banking instead of any credit card/debit card. The complainant asked Ms.Seher to check the status of above mentioned three payments made but she showed her inability about the same due to some technical error and also informed the complainant that he has to make successful payment same day to get the ticket re-issued. The complainant was left with no other option but to make another payment from ICICI Bank account through the net banking. . The complainant again made the payment of Rs.24976/- from ICICI Bank net banking but same was not reflecting with Ms. Seher. Now the complainant asked Ms. Seher to check all the payment from her end with respondent company’s account section and change the said tickets without any further delay. After a long discussion when the complainant assured Ms. Seher that in case all his said payments be reimbursed back to his respective accounts, he will again make payment before departure of flight, then only she changed the ticket after consultation/approval from her senior officer. She sent an E-mail of ticket and also assured the complainant that the complainant will get refund of all of the said unsuccessful transactions in his respective credit cards within three working days. On 21 July Ms. Seher informed the complainant that she has done the needful for early refund of three transactions in respective cards. After 3 days the complainant contacted the respondent company’s call center to know the status of his refunds but he was shocked to know that company has refunded the amount of three transactions in a single shot to some other account due to mistake of respondent company’s staff and also felt sorry and assured the complainant that they will do the needful to refund his amount in the respective accounts. But despite his repeated calls and requests, opposite party has not refunded his amount till date. There is clear deficiency in service on the part of opposite party and the act of opposite party is illegal and opposite party is bound to refund the alleged amount of Rs.74928/- to the complainant. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the amount of Rs.74928/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. Notice of the present complaint was issued to the opposite party. Opposite party in its written reply has submitted that opposite party acts as merely a facilitator for booking the confirmed air tickets/hotel bookings on behalf of its customers with the concerned service providers. That the opposite party upon the request received from its customer, forwarded the same to the concerned Airlines/service providers and upon receiving the confirmation from concerned service providers the Booking ID is generated and confirmed bookings/tickets is shared with the customer. It is submitted that the complainant had contacted the OP for rescheduling the return flight tickets booked by the intended traveler through the travel agent. The complainant was duly informed about the charges being charged by the opposite party in lieu of the rescheduling charges of the Airlines which were already shared with the intended traveler at the time of booking air tickets. The complainant informed the representative of OP that he had made the payment. However, the same was stuck from the bank’s end and not received by the OP. Therefore the OP requested to again make the payment and the earlier amount would be refunded if the same is received by the OP. The representative of the OP duly informed the complainant about the refund of the payment as soon as the same was received by the OP. It is hereby reiterated that the OP had duly refunded the complete payment of Rs.74928/- only to the original account through which the booking was made on 21.07.2019 vide refund ref. no.229602. The complainant was duly informed by the OP that the payment made by the complainant has been duly refunded on 21.07.2019 in the travel agent’s account as the booking was made through the travel agent. As the complete refund of Rs.74928/- was made, hence, no liability of whatsoever nature can be fastened upon the OP in case of any deficiency on the part of travel agent which has not been impleaded in the present complaint. The amount has already been refunded to original account which was used for making the bookings for the intended traveler. Hence there is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Both the parties led evidence in support of their case. Complainant in his evidence has tendered affidavit Ex.CW1/A, Ex.CW2/A, documents Ex.C1 to Ex.C8 and closed his evidence on dated 13.01.2021. Ld. Counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R4 and closed his evidence on dated 12.08.2021. Ld. counsel for the opposite party has also filed written arguments.
4. We have heard ld. counsel for the parties and have gone through the material aspect of the case as well as the written arguments filed by the opposite party very carefully.
5. In the present case relative of complainant i.e. Mrs. Archana Mittal had purchased a ticket of American Airlines from an agent namely M/s Synergy Travel World, New Delhi on 08.07.2019. The ticket was booked from Delhi to London and London to Los Angels for 14th July and return from Denver to London and London to Delhi on 13-14 Aug 2019. On 18th July the relative of complainant asked him to get the return ticket preponed from 27 July 2019 instead of 13-14 August 2019. The complainant contacted the agent M/s Synergy travel world, New Delhi to get this ticket re-issued but he refused to do the same, hence the complainant contacted American Airlines. Call center executive of American Airlines told the complainant that ticket has been issued by Make My Trip booking id No.3916741891768 hence same can be changed by Make my trip only. Accordingly the complainant contacted the call center of the respondent company and asked them to change the ticket. The call center executive Ms. Seher shared a link on mobile number of complainant for payment of Rs.24976/- on account of date change charges. The complainant made the alleged payment through his SBI Credit Card No.4687426274177400 and immediately he got the message from the bank about deduction of payment from his SBI Credit Card Account. The call centre executive Ms.Seher told the complainant that respondent company has not received the said payment so the complainant has to make payment from another account. Opposite party asked the complainant to make the alleged payment time and again showing regret about the technical problem of respondent company’s payment gateway as the payment was stuck from the bank’s end. On the assurance of opposite party that any extra amount made by the complainant shall be refunded, complainant made the alleged payment four times for rescheduling the ticket. It is admitted by the opposite party that they have charged 3 times Rs.24976/- in excess from the complainant on account of preponing the ticket which was purchased by the relative of complainant i.e. Mrs. Archana Mittal. The contention of opposite party is that OP had duly refunded the compete payment of Rs.74928/- only to the original account through which the booking was made on 21.07.2019 vide refund ref. no.229602. It is further contended that the complainant was duly informed by the opposite party that the payment made by the complainant has been duly refunded on 21.07.2019 in the travel agent’s account as the booking was made through the travel agent.
6. As per the opposite party, they have refunded the amount of Rs.74928/- to the original account through which the booking was made. But the fact remains that the alleged amount has not been received by the complainant till date. No document has been placed on record by the opposite party to prove that in which account the alleged payment has been made. Had the same been transferred to the account of travel agent, then it was the duty of the opposite party to receive the alleged amount from the travel agent and to disburse the same to the complainant. But no action has been taken by the opposite party to do the needful and the complainant is running from pillar to post to receive the alleged amount which was paid by the complainant on the assurance of the opposite party to refund the same. Hence there is deficiency in service on the part of opposite party and opposite party is liable to refund the alleged amount. No doubt that initially the ticket was purchased by Mrs. Archana Mittal for purchase of air ticket. It is an admitted fact that the complainant has paid the amount for re-scheduling the ticket of Mrs. Archana Mittal. The said amount was paid by the complainant on the instructions of Call Centre Executive Ms.Seher who issued the link for the payment upon the mobile phone of the complainant and through that link the payment was repeatedly made by the complainant. In this way the complainant is entitled for refund of payment made by the complainant to the respondent.
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund the amount of Rs.74928/-(Rupees seventy four thousand nine hundred and twenty eight only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 24.09.2019 till its realization and also pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
14.03.2022.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Shyam Lal, Member.
