Chandigarh

DF-II

CC/190/2018

Sanjeev Gaba - Complainant(s)

Versus

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

Adv. Deepak Goyal

26 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,   U.T. CHANDIGARH

Consumer Complaint  No	:	190 of 2018
Date  of  Institution	:	27.03.2018
Date   of   Decision	:	26.10.2018

 

 

 

 

Sanjeev Gaba s/o Sh.Sant Lal Gaba, R/o H.No.1204, First Floor, Sector 37-B, Chandigarh. 

             …..Complainant

Versus

1]  Make My Trip India Private Ltd., SCO No.43-44, Level-1, Sector 8-C, Chandigarh, through its authorised representative.

2]  Make My Trip India Pvt. Ltd., DLF Building No.5, Tower-B, DLF Cyber City, DLF Phase-2, Sector 24, Gurugram, Haryana 122002, India, through its Managing Director.

                          ….. Opposite Parties

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

         SMT.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

Argued by: Sh.Deepak Goyal, Adv. for complainant.

Sh.Satpal Dhamija, Adv. for OPs.

 

PER PRITI MALHOTRA, MEMBER

 

         The case of the complainant in brief is that he approached Opposite Parties for planning his tour, whereupon the Opposite Parties assured him to provide tour package including Hotel Vouchers, Flight, travel arrangements, visa arrangements and site visit arrangements etc.  Accordingly, the complainant paid an amount of Rs.1,24,250/- to the OPs for Tour package for 5 Nights & 6 days to visit Switzerland and France, which contained Hotel Vouchers, Flight, travel arrangements, site visit etc. and one time meal in a day (Ann.C-1). It is averred that the Opposite Parties also assured the complainant that in case the tour of the complainant is cancelled due to any reason, then amount of Rs.1,24,250/- would be refunded to him.  It is further averred that the complainant provided every documents to Opposite Parties, as asked for and also applied for tourist visa of Switzerland under the instructions & directions of the OPs, but the visa to Switzerland was not granted to the complainant. As such, the complainant approached Opposite Parties seeking refund of Rs.1,24,250/-, which they refused. It is submitted that the OPs did not provide any service, but still refused to refund his amount. Hence, this complaint has been filed alleging deficiency in service on the part of Opposite Parties.

 

2]       The OPs filed reply and while admitting the factual matrix of the case, stated that as per the ‘User Agreement’ entered into between the complainant and Opposite Parties while making booking, it has clearly been mentioned under head “Visa Obligations of the User” that the travel booking done by OPs are subject to applicable requirements of Visa which are to be obtained by the individual traveller and Opposite Parties are not responsible for any issues, including inability to travel arising out of such Visa  requirements and is also not liable to refund for the untravelled booking due to any such reasons. It is stated that the Visa application of the complainant was rejected by Swiss Embassy and thereafter he sought refund from the OPs, but since the amount paid by the complainant has been paid to the respective vendors, hence no refund or adjustment is possible. It is also stated that the Opposite Parties had already provided confirmed Air Tickets and Hotel Bookings and this fact is not disputed and so far the denial of Visa is concerned, it is not under the domain of OPs, therefore, there is no deficiency in service on the part of Opposite Parties and they are not liable for any refund.  Pleading no deficiency in service and denying other allegations of the complainant, the OPs have prayed for dismissal of the complaint.   

 

3]       The complainant also filed rejoinder thereby reiterating the assertions as made in the complaint and controverting that of the Opposite Parties made in their reply.

 

4]      Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the record.

 

6]       It has thoroughly been admitted by the OPs that the complainant by paying an amount of Rs.1,24,250/- booked Online Tour Package with them for 5 Nights & 6 Days to visit Switzerland & France, vide which the OPs were to provide the complainant with confirmed air-tickets as well as hotel bookings etc.  Further, it is admitted that the visa application of the complainant got rejected by the concerned Embassy, thus could not avail the tour package facility and so, the complainant asked for the refund of his booking amount of Rs.1,24,250/- paid at the time of booking of tour programme from the OPs.

 

7]       The complainant vide present complaint has agitated about the refusal of the Opposite Parties to refund his booking amount of Rs.1,24,250/- stating the act of the Opposite Parties as unfair trade practice coupled with deficiency in service.

 

8]       The defence putforth by the Opposite Parties justifying the refusal of booking amount to the complainant, is not sustainable. It is claimed by the Opposite Parties that the complainant could not avail the benefit of tour package since the Visa of the complainant got rejected by concerned Swiss Embassy and as per ‘User Agreement’ entered into between the complainant and OPs, the complainant is not entitled for any refund towards the booking amount in the given eventuality.

 

         But no such document has seen the light of the day wherefrom it could be ascertained that the complainant was ever apprised terms of the ‘User Agreement’ or at any point of time his signatures were obtained on the alleged ‘User Agreement’.  There is nothing on the record to show that the complainant was ever intimated about the non-refund policy of the OPs or ever his consent was taken by the Opposite Parties qua non-refund of booking amount in case of rejection of visa. 

            

9]       The lengthy correspondences exchanged between the parties reveals that the complainant was completely unaware about the non-refund policy of the OPs.  It is well evident on record that complainant’s visa processing was done by the Opposite Parties and they were well aware before the commencement date of the tour package in question, about the visa rejection of the complainant by the Swiss Embassy, as it has been evidently processed through their team only. In that eventuality, in our considered opinion, it was the bounden duty of the Opposite Parties to unilaterally initiate the process of refunding of the booking amount to the complainant.

 

10]      As before the commencement date of tour programme, the Opposite Parties were well aware about the rejection of complainant’s visa by Swiss Embassy, therefore, the inaction on the part of OPs to initiate the process of refunding the booking amount to the complainant, amounts to deficiency in service as well as shows their indulgence into unfair trade practice.

 

11]      It is observed that the act of the Opposite Parties to collect the booking amount for tour programme from gullible consumers without verifying the availability of visa amounts to their indulgence into unfair trade practice.  It is reiterated that it is totally an illegal move of the Opposite Parties to collect the booking amount for tour programme where no visa has been granted to the person concerned.  Moreover, how the confirmed air tickets can be issued when once there is no clarity whether the person concerned would be successful in getting the Visa.  The term of the OPs so mentioned in their ‘User Agreement’ that in case the proposed traveler has not been granted Visa then they are not liable to make a refund of the booking amount is unlawful. We conclude that unfairly the OPs usurped the hard earned money paid by the complainant under the so called provision of the ‘User Agreement’ to which he was not a party and also which has been hereby declared as illegal and not genuine.  

 

12]      In view of the foregoing discussion, we allow the present complaint with directions to the Opposite Parties to refund an amount of Rs.1,24,250/- to the complainant and also to pay compensation amount of Rs.20,000/- for causing him harassment & mental agony for their deficiency in service coupled with unfair trade practice along with litigation cost of Rs.7,000/-.

         This order be complied with by the OPs within a period of 30 days from the date of receipt of its certified copy, failing which the Opposite Parties shall also be liable to pay additional cost of Rs.20,000/- apart from the above relief.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

26^th October, 2018                                                                  Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER