Date – 02.11.2021
SRI SWADES RANJAN RAY
President
That Complainant has filed this complaint case against Opposite Party (O.P.) Make My Trip (India) private Ltd.
After several dates, Opposite Party appeared and filed Written Version.
Thereafter, on 11.05.2021, 19.07.2021 and 09.09.2021, Opposite Party remained absent without any step. As a result, this Commission show caused Opposite Party .
That Opposite Party did not give reply of Show Cause and remained absent.
Hence, this complaint case is decided in absence of Opposite Party on merits on the basis of petition of complaint, Written Version and Affidavit-in-Chief filed by the Complainant.
It is the case of Complainant that on 03.05.2019 the Complainant booked one twin room at Hotel Pema Karpo, Punakha, Bhutan on payment of ₹8,540/- (Rupees Eight thousand five hundred and forty only) from 02.06.2019 to 04.06.2019 for staying with his family at Punakha, Bhutan. Such booking was confirmed by the Opposite Party by allotting booking id. NH7219114606994.
Thereafter, Complainant requested the Opposite Party for partial cancellation of the aforesaid hotel booking by cancelling the twin room booking from 02.06.2019. On account of such partial cancellation Opposite Party had credited ₹3,843/- on 27.05.2019 in “My Cash” wallet of the Complainant’s account in the mobile application of the Opposite Party which reflected in Annexure-B to the complaint.
That the Opposite Party represented to the Complainant that there will be no restriction in the usage of the said amount of ₹3,843/- lying in the “My Cash” section of the Complainant’s account with the Opposite Party nor there is any expiry within which the Complainant is required to use the said amount. That the Complainant was therefore was absolutely free to use the said amount as and when required by the Complainant.
That the Opposite Party by issuing wallet balance statement dated 07.04.2020 had confirmed the fact that the said amount of ₹3,843/- (Rupees Three thousand eight hundred and forty three only) lying in the “My Cash” section of the Complainant’s account with the Opposite Party had unrestricted usage and no expiry date which reflected in annexure-C.
That the Complainant requested the Opposite Party to transfer the said amount of ₹3,843/- from “My Cash” to the Complainant’s bank account.
That the Opposite Party did not give any reply to the request of Complainant. That on 28.05.2020 Opposite Party illegally withdrawn the said amount from “My Cash” wallet.
Hence, this case,
In Written Version, Opposite Party totally denied the allegations of the Complainant. It is the case of Opposite Party that for a partial cancellation of the hotel booking made on 02.06.2019 which the hotel authority did not allow. That as the Wow Promotion being run at that time and as a service gesture the Complainant was offered 50% of the total booking amount in “My Cash” to which Opposite Party on 07.05.2019 credited ₹3,843/- to the “My Cash” wallet in the account of the Complainant’s application which was valid for the one year. The Complainant did not use the wallet amount till 27.05.2020 and the amount got expired as per policy.
Hence, there s no deficiency of service on the part of Opposite Party and the Complainant has no cause of action to file this case.
Points for decision
- Whether complainant has any cause of action to file this case or not?
- Whether there is any deficiency of service on the part of Opposite Party’s or not?
- Whether complainant is entitled to get any relief / reliefs as prayed for or not?
Decision with reason
All these points are taken up together for sake of convenience and brevity.
I have carefully perused the petition of Complaint, Written Version, Affidavit-in-Chief and available documents of the Complainant.
In this instant case, Opposite Party did not file Affidavit-in-Chief in support of Written Version. Where Complainant filed Affidavit-in-Chief in support of this complaint case. Hence, Written Version of Opposite Party is not supported by the evidence of Opposite Party and Complainant did not get any opportunity to cross-examine the same.
From the admission in Written Version that Opposite Party credited ₹3,843/- to the “My Cash” wallet in account of the Complainant’s app. which was valid for one year. There is no evidence on the Opposite Party that the O.P duly informed the Complainant regarding this condition. Moreover, there is no document regarding the communication of the authorities.
When Opposite Party credited ₹3,843/- to the “My Cash” wallet of the Complainant as it was permissible as per terms and condition of Opposite Party and on the part, Complainant duly informed the partial cancellation of the hotel booking.
Hence, claim of ₹3,843/- is genuine and legally permissible.
In Written Version, Opposite Party stated that this District Commission has no territorial Jurisdiction as the registered office of Opposite Party is situated at New Delhi and Opposite Party works for gain in New Delhi. Hence, this complaint case liable to be dismissed for want of Territorial Jurisdiction.
I do not agree with the view of Opposite Party, the new Act i.e. Consumer Protection Act, 2019 clearly states in Section 34(d) that a complaint case shall be instituted in a District Commission where Complainant resides or personally works for gain.
“Section 34 of the Consumer Protection Act, 2019-
Section 34(2)(d)-
“A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction, -
- ………………
- ………………
- ………………
- the complainant resides or personally works for gain”.
Hence, I hold that this Commission has territorial jurisdiction to adjudicate this complaint case.
Hence, I hold that there is deficiency of service on the part of Opposite Party and Complainant has cause of action to file this case and Complainant will entitle relief as prayed for.
In the result, this complaint case succeeds.
All the points disposed of accordingly.
Court Fee paid correct.
Hence, it is
O R D E R E D
that the Complaint Case No. 168/2020 be and the same is allowed against the Opposite Party on merits.
Opposite Party is directed to make payment of ₹3,843/- (Rupees Three thousand Eight hundred and Forty Three only) in favour of Complainant within three (3) months from the date of this order along with interest @ 5% from the date of filing of this case i.e. 05.11.2020 till the date of realization of the entire decreetal amount. Opposite Party is further directed to make payment of ₹3,000/- (Rupees Three Thousand only) for mental pain and agony and litigation cost of ₹5,000/- (Rupees Five Thousand only) in favour of Complainant.
In default of payment of above mentioned amount within schedule time, as mentioned above, liberty given to the Complainant to file Execution Case for realization of the same.
Hence, this complaint case is disposed of accordingly.
Let a copy of this judgement be handed over to all the parties at free of cost.
