Chandigarh

StateCommission

A/230/2017

Dr. Vijay Goni - Complainant(s)

Versus

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

Alka Sarin, Adv.

12 Oct 2017

ORDER

   STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	230 of 2017
Date of Institution	29.09.2017
Date of Decision	12.10.2017

 

Dr. Vijay Goni s/o Dr. G.B.Goni resident of House No.1146, Sector 24-B, Chandigarh – 160023.

                                        …..Appellant/Complainant

                                Versus

Make My Trip India Pvt. Ltd. having an office at SCO No.43-44, Level 1, Sector 8-C, Madhya Marg, Chandigarh – 160018 through its Managing Director.

Second Address :-

Tower-A, SP Infocity, Udyog Vihar Phase 1, Gurugram – 122016 (Haryana).

                                   …..Respondent/Opposite Party.

BEFORE:    SH. DEV RAJ, PRESIDING MEMBER

                MRS. PADMA PANDEY, MEMBER

 

Argued by:

 

Ms. Alka Sarin, Advocate for the appellant/ complainant.

 

PER PADMA PANDEY, MEMBER

              This appeal is directed against the order dated 18.08.2017, rendered by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (in short ‘the Forum’ only), vide which, it partly allowed Consumer Complaint bearing No.219 of 2017, with the following directions :-

 “9.    In view of the above discussion, the present consumer complaint deserves to succeed. The same is accordingly partly allowed. The OP is directed as under:-

(i)     To refund the amount of the air tickets i.e. Rs.67,782/- to the complainant;

(ii)    To pay to the complainant Rs.10,000/- as compensation for mental agony, physical pain and inconvenience caused;

(iii)   To pay to the complainant Rs.7,000/- as costs of litigation. 

10.         This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of directions at Sr.No.(iii) above.”

2.           The facts, in brief, are that the complainant, a Professor at the Department of Orthopaedic Surgery, PGIMER, Chandigarh, booked air tickets on 25.12.2016, on the website of the Opposite Party for his travel to London and back.  The complainant paid total fare of Rs.67,232/- and convenience fee of Rs.550/- through his debit card on 25.12.2016. It was stated that on 25.12.2016 at 5.29 PM, the Opposite Party sent an email to the complainant confirming his booking to London and back vide booking ID – NN23019L4399205 and stated that the e-ticket would be emailed within 4 hours. The said email gave the travelling and fare details, wherein, it was specifically mentioned that the cabin was of Business Class. On 25.12.2016 at 5:30 PM, the Opposite Party sent to the complainant his e-ticket and he was shocked to see that though the dates of travel and flights chosen were the same, but the cabin class had been lowered to Economy Class. The complainant immediately called the customer care of the Opposite Party and pointed out the error in issuing the E-Ticket for economy class instead of business class. The Customer Care Executive advised the complainant to cancel the ticket and book afresh, but, the same was not acceptable to the complainant, as the entire fault was at the end of the Opposite Party.  It was further stated that because of the wrong e-ticket being issued by the Opposite Party and having failed to revert with a solution, the complainant had to forego his travel to London and back and cancel his important professional and personal meetings. Copy of the invitation dated 14.12.2016 for the event and other assignments that the complainant was scheduled to attend in London/UK is Annexure C-3.  The complainant got issued a legal notice on 6.1.2017 to the Opposite Party calling upon it to refund the amount paid by him alongwith interest and damages, but the Opposite Party vide its reply dated 11.01.2017 offered to refund only the amount of air tickets. Therefore, the Opposite Party was deficient, in rendering service, as also indulged into unfair trade practice.  When the grievance of the complainant was not redressed, left with no alternative, a complaint under the Consumer Protection Act, 1986 (hereinafter to be called as the “Act” only), was filed.

3.           In its written statement, the Opposite Party, admitted the factual matrix of the case and stated that due to some technical reasons, which were beyond the control of the Opposite Party, the PNR, which was generated automatically, was issued for tickets in Economy Class and, as such, the complainant was issued the air tickets for Economy Class. It was further stated that the Executive of the Opposite Party immediately investigated the matter and suggested the complainant to cancel his tickets and make new tickets in Business Class and assured complete refund against the cancelled tickets. It was further stated that the complainant was even offered Business Class tickets for the same sector for any other date but the complainant insisted to travel on the same tickets. It was further stated that all the online bookings are completely via automated process, free from any manual/human interference. It was further stated that the Opposite Party was willing to settle the matter for an amount of Rs.72,000/-, which is inclusive of the actual booking cost of Rs.67,232/- and interest alongwith compensation to the tune of Rs.4768/-. It was further stated that the replying Opposite Party was neither deficient, in rendering service nor indulged into unfair trade practice.

4.           The complainant filed replication to the written statement of the Opposite Party, wherein he reiterated all the averments, contained in the complaint, and refuted those, contained in the written versions of the Opposite Party. 

5.           The parties led evidence, in support of their case.

6.           After hearing Counsel for the parties and, on going through the evidence, and record of the case, the Forum, partly allowed the complaint, as stated above. 

7.           Feeling aggrieved, the instant appeal, has been filed by the appellant/complainant.

8.           We have heard the Counsel for the appellant, and have gone through the evidence and record of the case, carefully. 

9.           After going through the evidence and record of the case, we are of the considered opinion, that the appeal is liable to be dismissed, at the preliminary stage, for the reasons to be recorded, hereinafter.

10.          The appellant/complainant, while filing the appeal, has stated that in compliance to the impugned order, the respondent/Opposite Party sent to the complainant cheque No.532954 dated 21.09.2017 drawn on HDFC Bank for Rs.84,782/- but he (appellant/complainant) has not encashed the said cheque, as he is filing the present appeal. It is further stated that the relief granted by the Forum is on the lower side and prayed for enhancement of the same.  

11.          The core question, that falls for consideration, is, as to whether, the Forum has rightly partly allowed the complaint against the Opposite Party and granted adequate compensation to the complainant. The answer, to this, question is in the affirmative. Annexure C-1 is a copy of Booking Confirmation. From this document, it is proved that the complainant booked air tickets from the Opposite Party from New Delhi to London & back from London to New Delhi and booking of the complainant was confirmed in ‘Business’ Class. Annexure C-2 is a copy of air ticket, in which, it was clearly mentioned in the column of ‘Class’ as ‘Economy’. Annexure C-4 is a copy of legal notice dated 06.01.2017, which was sent by the complainant through his Counsel to the Opposite Party. Annexure C-5 is a copy of reply dated 11.01.2017, which was sent by the Opposite Party to the complainant. From Annexure C-5, it is clearly proved that the Opposite Party offered refund of the air tickets i.e. Rs.67,232/- to the complainant.  It is not the case that the respondent/Opposite Party not wished to settle the dispute. Even it is apparent from the impugned order that the Opposite Party had shown its willingness to settle the matter for an amount of Rs.72,000/- in toto. So, it is clearly proved that the Opposite Party did not play hide and seek with the complainant, very fairly admitted its mistake and was ready to settle the matter. Even the appellant/complainant in his appeal has admitted that the respondent/Opposite Party had issued him cheque No.532954 dated 21.09.2017 drawn on HDFC Bank in the sum of Rs.84,782/- but the same was not encashed. So, it is clearly proved that the respondent/Opposite Party, very fairly, without filing any appeal, against the impugned order, obeyed the impugned order and sent a cheque to the appellant/complainant.  

12.          The Forum while allowing refund of the air tickets i.e. Rs.67,782/-, has also granted compensation and litigation expenses in the sum of Rs.10,000/- & Rs.7,000/- respectively, which in the facts and circumstances of the case is adequate and no ground is made out for enhancement of the same. Hence, the order passed by the Forum, being based on the correct appreciation of evidence and law, on the point, does not suffer from any illegality or perversity.

13.          For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same stands dismissed, at the preliminary stage, with no order as to costs. The order of the Forum is upheld.

14.          Certified Copies of this order be sent to the parties, free of charge.

15.          The file be consigned to Record Room, after completion.

Pronounced.

12.10.2017                                                 

 (DEV RAJ)

PRESIDING MEMBER

 

 

(PADMA PANDEY)

       MEMBER

 

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