BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 53 of 2015
Date of institution: 05.02.2015
Date of Decision: 28.07.2015
Ishu Gaur d/o Raman Gaur resident of House No.380, Mamta Enclave, Dhakauli, Zirakpur, District Mohali 160 104.
……..Complainant
Versus
MakeMy Trip (India) Private Limited, Registered Office: UG-07, Front Side, TDI Shopping Mall, Rajouri Garden, New Delhi 110027.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Shri Piyush Gaur, counsel for the complainant.
Shri Naveen Sharma, counsel for the OP.
(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 Party (for short ‘the OP’):
- to refund her the received amount of Rs.1,837/- with interest.
- to pay her compensation to the tune of Rs.50,000/- towards harassment and mental agony.
(c) to pay her Rs.20,000/- as litigation expenses.
The complainant’s case is that on 14.07.2014 she booked economy class tickets of Jet Airways Airline from Hyderabad to New Delhi and New Delhi to Hyderabad for 6th and 11th August, 2014 respectively the charges for which was Rs.12,580/-. After booking the tickets an E-ticket was generated having MakeMy Trip Booking ID ‘NF2201142676674’. On 15.07.2014 due to drop in flight fares the complainant cancelled the booked tickets. On the tickets, cancellation fee was shown as Rs.1837+0 for both the tickets. The complainant booked round trip ticket from the OP of Indigo Airline from Hyderabad to Chandigarh and vice versa for the same dates i.e. 6th and 11th August for Rs.13,179/-. The complainant contacted the OP for cancellation of the previous jet airline e-ticket and the customer care informed that the tickets will be cancelled and Rs.3674 + Rs.800/- = Rs.4474/- will be charged. The complainant informed the customer care that on the tickets cancellation charges for both the tickets are mentioned Rs.1837/- to which the customer care denied. The complainant then lodged the complaint through e-mail upon which the complainant was asked to wait for 72 hours. After two days official from the OP informed the complainant that e-ticket has been sent at the e-mail address of the complainant having different cancellation charges. The complainant checked her e-mail and found that it was the same ticket which she had earlier but the cancellation charges were mentioned as Rs.3674 +800. On 18.07.2014 an official of the OP informed that they will not take the Makemy trip charges i.e. Rs.800/- but Rs.3674/- have to be paid. The OP cancelled her ticket and deducted Rs.3674/- and refunded back Rs.8906/- whereas the amount to be refunded should have been Rs.10,743/-. Thus, the OP has charged as an excess amount of Rs.1837/- from the complainant. With these allegations the complainant has filed the present complaint.
2. The OP in the written statement has 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. This Forum has also no territorial jurisdiction to entertain the complaint. The OP has validly refunded amount of Rs.8,906/- to the complainant which is acknowledged by her. The cancellation amount of Rs.1837/- was for each tickets which comes to Rs.3674/- and Rs.800/- towards OPs charges. However, as a customer centric approach the OP waived off charges of Rs.800/- and only charged Rs.3674/- Thus, denying any deficiency in service on their part, the OPs have sought dismissal of the complaint.
3. Evidence of the complainant consists of her affidavit Ex.CW-1/1; copies of documents Ex.C-1 to C-8.
4. Evidence of the OP consists of affidavit of Saurabh Taneja, its Deputy Manager Legal Ex.OP-1/1 and copies of documents Ex.OP-1 and OP-2.
5. We have heard the learned counsel for the parties and gone through their written arguments.
6. The complainant is a consumer who has availed e-ticketing service of the OP for purchase of air tickets for undertaking air journey from Hyderabad to Delhi to and fro for 6th and 11 August 2014 and paid a total sum of Rs.12580/- . On the tickets issued by the OP the cancellation fee was shown as Rs.1837+ 0 for both the tickets. However, upon cancellation when the complainant requested for refund, the OP cancelled the tickets and charged Rs.3674/- + 800 total being Rs.4474/- as cancellation charges and refunded the balance amount to the complainant out of the initial amount Rs.12580/- paid for purchase of two tickets from Hyderabad to New Delhi and vice versa. As per the complainant, the act of the OP in changing its stand on cancellation charges i.e. from Rs.1837+ 0 to Rs.3674 + 800 is an act of unfair trade practice. When the complainant took up the matter with the OP, the OP has omitted to charge Rs.800/- and retained Rs.3674/-. Not satisfied with the act of the OP and alleging deficiency in service, the complainant has filed the present complaint.
7. The OP in its reply has admitted having sold the tickets and further having admitted the cancellation charges of Rs.1837/- + 0 for both the tickets from Hyderabad to New Delhi vice versa issued to the complainant but took a different stand that the cancellation charges of Rs.1837 + 0 is for one way ticket cancellation and not for both as being interpreted by the complainant and, therefore, it has rightly charged the cancellation amount of Rs.3674/-. However, in place of +0 Rs.800/- was mentioned being a typographical mistake which has been corrected when the same was brought to its notice subsequently.
8. It will be appropriate to appreciate the contents of Ex.C-1 in order to resolve the controversy regarding overcharging of cancellation charges. Ex.C-1 is the e-ticket issued by OP for journey from New Delhi to Hyderabad and Hyderabad to New Delhi. Against the column cancellation fee airlines plus make my trip the figure of Rs.1837 +0 appears and below that column it is categorically mentioned that the above cancellation and date change fee are applicable before departure and are per sector per passenger. Thus there cannot be any second interpretation to this clause of cancellation fee applicable per sector per passenger. It is ample clear that New Delhi Hyderabad is one sector and Hyderabad New Delhi is another sector and as per the interpretation of the OP the cancellation charges shown as Rs.1837/- are applicable per sector. Since the complainant has purchased two tickets for different sectors i.e. one from New Delhi to Hyderabad from Hyderabad to New Delhi and the cancelation charges are applicable on both the sectors, we do not find anything wrong on the part of the OP when it has charged the cancellation per sector @ Rs.1837/- upon cancellation of both the tickets for two sectors purchased by the complainant which were got cancelled by the complainant before departure. The complainant has failed to prove any act of unfair trade practice of the OPs. As per above discussion and after appreciation of Ex.C-1 we do not find anything amiss on the part of the OP.
9. Thus, the complaint being devoid of merits is hereby dismissed with no order as to costs. 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.
July 28, 2015. (Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
