Maharashtra

Additional DCF, Mumbai(Suburban)

RBT/CC/11/238

RAVINDRA KUMAR GOEL - Complainant(s)

Versus

MAKE MY TRIP INDIA PVT. LTD. - Opp.Party(s)

22 Sep 2017

ORDER

Addl. Consumer Disputes Redressal Forum, Mumbai Suburban District
Admin Bldg., 3rd floor, Nr. Chetana College, Bandra-East, Mumbai-51
 
Complaint Case No. RBT/CC/11/238
 
1. RAVINDRA KUMAR GOEL
5/B, SAUDAMINI BUILDING, HAJJI ALI,
MUMBAI
MAHARASHTRA
...........Complainant(s)
Versus
1. MAKE MY TRIP INDIA PVT. LTD.
3RD FLOOR, PREMIER HOUSE, PLOT NO.38, CENTRAL ROAD, MIDC, ANDHERI (EAST),
MUMBAI
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. S.D.MADAKE PRESIDENT
 HON'BLE MR. S.V.KALAL MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 22 Sep 2017
Final Order / Judgement

PRESENT

                   Complainant by Adv. Shri.Pasi Balakram  present.

                   Oppoent - present.                

                  

                                       ORDER

 

(Per- Mr. S. D. MADAKE, Hon’ble President.)

 

  1. The Complainant Ravindra Kumar Goel filed complaint against Opponent  Make My Trip Pvt. Ltd. for deficiency in service.
  2. The Complainant paid amount as per agreement to Opponent for tour to Thailand for five persons on 29.08.2010. He was asked to pay Rs. 5,000/- each by mail dated 29.08.2010.
  3. The Complainant stated that he submitted booking form and continuously inquired regarding travel plan. He was informed on 12.11.2010 that tour was cancelled and offered part payment.
  4. The Complainant claimed compensation of Rs. 2,00,000/- towards mental agony and financial loss.
  5. The Complainant filed complaint on 12.05.2011 which was admitted on 17.06.2011. The Opposite Party filed written statement on 28.03.2012 and resisted the contents of complaint.
  6. The Opponent stated that company performed all its duties by booking for tour i.e. Thailand Magic Package Ex-Mumbai on 28.09.2010 for scheduled departure on 22.12.2010 for Complainant and five members, on cost of Rs. 33,600/- each.
  7. The Opponent stated that said tour was cancelled due to unforeseen circumstances and intimation was given to Complainant on 12.11.2010 regarding cancellation. The Complainant was told to opt new customized tour at reasonable cost.
  8. The Opponent stated that amount of Rs. 50,000/- was refunded by cheque to Complainant. It is submitted that grievances of the Complainant are not well founded.
  9. The Opponent stated that Complainant failed to prove that he has suffered any damage or loss by reason of any act or omission of Opponent. The Complainant decided to accept refund than to opt for alternate tour.
  10. We have perused all the documents filed on record by both parties. Admittedly the Complainat paid Rs. 50,000/- and on behalf of five persons. The tour was to commence on 22.12.2010. The Opposite Party intimated on 12.11.2010 regarding the cancellation of tour.
  11. The Opponent has not proved by sufficient and acceptable evidence that tour was cancelled due to unforeseen reasons. The Opposite Party is not justified to cancel scheduled tour and arrange alternate tour, without valid reasons.
  12. The Complainant was subjected to inconvenience due to cancellation of tour without proved valid reasons. He is entitled for reasonable compensation. We quantify the amount of compensation Rs. 25,000/-. He is entitled for cost of Rs. 7,500/-.

13.     In the result, we pass the following order.

                                       ORDER

  1. RBT Complaint No. 238/2011  is partly allowed.

2.       Make My Trip India Pvt. Ltd. is directed to pay Rs. 25,000/- as

           compensation with interest at the rate of 9% from the date of cancellation

          i.e. 12.11.2010 till payment.

3.       Opposite Party is directed to pay cost of Rs. 7,500/- to Complainant.

4.        Copy of this order to be sent to the both parties.

 
 
[HON'BLE MR. S.D.MADAKE]
PRESIDENT
 
[HON'BLE MR. S.V.KALAL]
MEMBER

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