Chandigarh

DF-II

CC/399/2018

Vishal Goel - Complainant(s)

Versus

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

In Person

25 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	399/2018
Date of Institution	:	17.07.2018
Date of Decision		25.10.2018

 

                                       

                                               

Vishal Goel s/o Lt.Sh.G.D.Goel r/o House NO.3153, Sector 40-D, Chandigarh

 

                                ...  Complainant.

Versus

Make My Trip India Pvt. Ltd., SCO 169-170, First Floor, Sector 8-C, Madya Marg, Chandigarh through their Authorized Officer.

…. Opposite Party.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by

                Complainant in person.

                Sh.Satpal Dhamija, Adv. for the OP.

 

 

PER RAJAN DEWAN, PRESIDENT

                The complainant has filed this complaint against the OP (hereinafter referred to as “the OP”) under Section 12 of the Consumer Protection Act 1986. The brief facts of the complaint as alleged by the complainant are that he booked online the one way cab from Chandigarh to Delhi Airport T-3 for 18.06.2018 for 9.00 p.m. on 12.06.2018 for Rs.3,428/-, which was confirmed by the OP vide e-mail dated 12.06.2018. On 13.06.2018, he requested the OP for cancellation of the cab booking at 11:21 a.m. and the OP replied to wait for 24 hours for its resolution and thereafter at about 7:32 p.m. he again mailed the OP that he did not want to cancel the cab booking and then the OP replied vide e-mail dated 15.06.2018 that the booking was confirmed.  It has further been averred that as per the terms of the OP, the car number and driver contact number was to be provided 2 hours advance from departure. However, on 18.06.2018 he waited till 7:45 p.m. for the same as the departure time was 9.30 p.m. and when no e-mail/call was received then he gave a call to the OP at its customer care number who assured that the number of the car and driver would be shared within next 30-45 minutes and further assured that the cab was to be arrived at the scheduled time i.e. 9:30 p.m.  However at about 8:50 p.m. he dialed the customer care number of the OP and then he was informed that no cab was available right now.  It has further been averred that since his booking was confirmed, therefore, he requested the OP for providing the cab as he had his flight for Ahmadabad at 6:30 a.m. from Delhi Airport but to no effect. It has further been pleaded that the OP failed to provide the cab even after the confirmed  booking. Subsequently, he availed the services of another cab from one local vendor against the charges of Rs.8,400/-.  It has further been averred that the OP vide e-mail dated 19.06.2018 again apologized for the inconvenience.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.

2.         In its written statement, the OP has admitted that the complainant had booked the cab online on 12.06.2018 from Chandigarh to Delhi Airport for Rs.3,428/- against the booking amount of Rs.485/- only and the remaining amount was to be paid.  It has further been pleaded that before confirmation of the booking, the complainant entered into an agreement between the user and the OP. As per the agreement, under the column of ‘responsibilities   of user vis-à-vis the agreement’, which specifically talk about the responsibilities on the part of both the parties to the agreement.  It has further been pleaded that due to non-availability of the cab at the end of the ultimate cab provider –Ahataxis, the booking was cancelled with full refund and as such there is no deficiency in service on the part of the OP. Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.
3.         The complainant filed rejoinder to the written reply of the OP controverting its stand and reiterating his own.
4.         We have heard the complainant in person, learned counsel for the OP and have gone through the documents on record.
5.         After giving our thoughtful considerations to the rival contentions of the parties and going through the evidence on record, we are of the considered view that the complaint is liable to be accepted for the reasons stated hereinafter. Admittedly, the complainant booked one way car cab from Chandigarh to Delhi Airport T-3 for 18.06.2013 for 9:30 P.M. for Rs.3,428/- by paying the advance payment of Rs.485/- to the OP.  It is also not in dispute that the OP had failed to provide the cab to the complainant even after its confirmed booking on the date fixed i.e. 18.06.2018 due to which he had to arrange another cab available from the local vendor at the nick of time by paying hefty amount of Rs.8,400/-.
6.         Keeping in view the facts and circumstances of the case,  we are of considered view that if the OP was not in a position to send the booked cab for the scheduled time then it should have informed the complainant well before the departure time by sending him any message/e-mail or telephone call so that he could make alternate arrangements at his own level but the OP did not take any pain to inform him and rather the OP kept him in dark, which certainly amounts to deficiency in service as well as unfair trade practice on its part.  To justify its act, the OP took a vague plea that due to no-availability of the cab at the end user ultimate car provider, the booking was cancelled with full refund, however, we do find any weight in this submission and the same is rejected accordingly.  Due to the aforesaid acts of the OP, the complainant had to suffer mental agony and inconvenience.  Thus, the deficiency in service on the part of the OP is writ large.
7.          In view of the foregoing discussion & findings, the complaint stands allowed against the OP and it is directed to pay the difference of the amount paid by the complainant to the open vendor on account of the immediate cab booking i.e. Rs.4,972/- (Rs.8,400/- minus Rs.3,428/-) less the amount, if any, paid to him on account of the cancellation of the booking. The OP is also directed to pay lump sum compensation of Rs.2,500/- to the complainant on account of mental agony, physical harassment and litigation costs.  
8.        This order shall be complied with by the OP within a period of 45 days from the date of receipt of its certified copy, failing which the OP shall be liable to pay the awarded amounts along with interest @9 % p.a. from the date of this order till its realization.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

25.10.2018                                                            sd/-

(RAJAN DEWAN)

PRESIDENT

 

sd/-

(PRITI MALHOTRA)

MEMBER

 

sd/-

(RAVINDER SINGH)

MEMBER