DATE OF FILING : 07.04.2017.
DATE OF S/R : 11.05.2017.
DATE OF ORDER : 16.03.2018.
Rana Dutta,
son of Niharendu Dutta,
resident of 50/2, ‘L’ Road, Belgachia,
District Howrah,
PIN 711108. ………….………………………….……..…… COMPLAINANT.
1. MakeMyTrip ( India ) Private Limited,
Head office : Tower A, SP Infocity,
243, Udyog Vihar, Phase 1, Gurgaon,
Haryana 122016.
2. Branch Head,
MakeMyTrip ( India ) Private Limited, 2nd floor,
Ideal Plaza, 11/1, Sarat Bose Road,
near Minto Park Crossing,
Kolkata 700020…..…………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri Abdul Kuddus.
Hon’ble Member : Shri Sajal Jana.
F I N A L O R D E R
The case of the complainant, in short, is that this complainant purchased E-Ticket from the o.p. no. 1 for journey of three passengers, namely, complainant himself Niharendu Dutta and Mili Dutta by IndiGo Flight No. 6E-292 from Kolkata to Gowhati on 02.02.2015 along with return journey from Gowhati to Kolkata on 11.2.2015 by GOAIR Flight. After that this complainant requested o.p. company to cancel the E- Tickets stands in the name of Niharendu Dutta and Mili Dutta for their journey from Kolkata to Gowhati on 02.02.2015 by IndiGo Flight 6E-292 keeping E.Tickets stood in his name intact and it was further intimated that only passenger i.e., the complainant would make journey by flight no. 6E-292 from Kolkata to Gowhati on 02.02.2015 and also requested to issue modified ticket in favour of complainant and this complainant received modified E-Ticket on 31.01.2015 from the o.ps. in the name of this complainant. On 02.02.2015 when complainant failed to check his on line ticket then he made contact with IndiGo Airlines in this regard and they intimated that E-Ticket for journey on 02.02.2015 by Flight no. IndiGo 6E-292 from Kolkata to Gowhati was cancelled by the o.ps. in respect of all three passengers, i.e., complainant and two others. It was also intimated by IndiGo Airlines that the o.p. company refunded Rs. 3,548/- to me and issued modified E-Ticket for two passengers namely, Niharendu Dutta and Rana Dutta. It is further case of the complainant that on 01.02.2015 o.ps. further cancelled E-Tickets stood in the name of Niharendu Dutta and Rana Dutta and got Rs. 8,322/- refunded from IndiGo Airlines.
Thereafter this complainant brought this fact to the notice of the customer care of o.ps. and the complainant was requested by the o.ps. to buy a fresh ticket for journey from Kolkata to Gowhati and assured him that full cost of Rs. 13,548/- + Rs. 8,322/- would be refunded by o.ps., against cancellation of ticket without any deduction as said mistake was done by the o.ps.
Accordingly this complainant purchased E-Ticket on payment of Rs. 8,074/- for his visit by flight on 02.02.2015 from Kolkata to Gowhati. So this complainant is entitled to refund of Rs. 19,944/-. So this complainant has filed this case and prayed for refund of Rs. 19,944/- for cancellation of E-Tickets as well as purchase of fresh tickets and also Rs. 10,000/- for his harassment in total Rs. 29,944/-. Complainant has also made prayer to award Rs. 4 lakh as compensation for causing harassment and also further prayer Rs. 50,000/- towards litigation costs.
This complaint is being contested by o.ps. by filing written version denying all allegations as made in the petition of complaint contending interalia that the case is not maintainable. There is no deficiency in service. This Forum has got no jurisdiction to entertain this complaint. The specific case of the o.ps. in short is that as per request made by the complainant the air ticket booked by the complainant in the name of Niharendu Dutta and Mili Dutta for journey from Kolkata to Gowhati was cancelled and modified E-Ticket was issued to the complainant containing name of the complainant. It is further case of the o.ps. is that this o.ps. made request to the airlines staff for cancellation of E-Tickets stood in the names of Niharendu Dutta and Mili Dutta but due to some mistake / technical fault from the end of airlines E-Ticket stood in the name of three persons / passengers including the complainant was cancelled. So there was no mistake on the part of this o.ps. but on the part of airlines.
The airlines refunded Rs. 8,322/- according to their cancellation policy. This o.p. has also already refunded in total Rs. 11,622/- to the complainant and also requested this complainant to settle this dispute amicably after receiving further amount of Rs. 10,000/- in total. So these o.ps. have prayed for dismissal of this complaint.
POINTS FOR DETERMINATION :
i) Is the case maintainable in its present form ?
ii) Whether the complainant is a ‘Consumer’ as per provision of Consumer Protection Act, 1986 ?
iii) Whether this Forum has any territorial jurisdiction to entertain this complaint ?
iv) Whether there is any deficiency in service and unfair trade practice on the part of the o.ps ?
v) Whether the complainant is entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
This case is being conducted by the complainant himself. This complainant submits interalia that he purchased E. Tickets in his name along with Niharendu Dutta and Mili Dutta but due to some personal problem Niharendu Dutta and Mili Dutta were not able to make journey on 02.02.2015 by the flight. So he requested this o.p. to cancel tickets stood in the name of Niharendu Dutta and Mili Dutta but these o.ps. cancelled E-Tickets purchased in his name three passengers. So this complainant had to purchase E- tickets afresh at the cost of Rs. 8,074/- for his journey by flight on 02.02.2015 from Kolkata to Gowhati.
On the other hand ld. advocate for the o.ps. made argument pointing out the lack of territorial jurisdiction of this Forum.
Heard both sides. It reveals that this complainant purchased the E-Tickets from o.ps. for journey on 02.02.2015 on line from his house situated within the territorial jurisdiction of this Forum.
Let us see whether this Forum has any territorial jurisdiction to entertain this complaint ?
In this case we find that it is undisputed that the complainant purchased E-Tickets through on line from his residence which is situated within the territorial jurisdiction of this Forum. It has been observed by the National Commission reported in 2016 ( 4 ) CPR page 785 (NC) interalia that C.P. Act, 1986 - Section 11(2) – Territorial Jurisdiction of District Forum - Booking of foreign tour to Europe - Deficiency in Service by Tour operator - Most of payments were made through cheque drawn at place of residence of complainant i.e., Nadia – As such part of cause of action has arisen at Nadia – In view of Section 11(2)( c ), District Forum Nadia has jurisdiction to entertain complaint.
In the present case, this complainant has claimed that he purchased E-Tickets from o.p. no. 2 through on line from his house and payments of fare was also made through On Line from this house. So in view of observation of Hon’ble Nationakl Commission referred to above we find that part of cause of action of this case has arisen within the District Howrah. So in view of Section 11( 2 )( c ) of C.P. Act, 1986, this District Forum, Howrah, has territorial jurisdiction to entertain this complaint.
This complainant could not be able file any document to show that the amount paid by him for purchasing E-Tickets for their journey on 02.02.2015, But this o.p. has admitted in his written version at Para ( IX ) that the tickets were purchased in the names of complainant and Niharendu Dutta and Mili Dutta was cancelled due to some technical problem on the part of the airlines and airlines refunded the amount to the tune of Rs. 8,322/- deducting only cancellation penalty of Rs. 1,500/-. So it proves that this complainant purchased air tickets for journey on 02.02.2015 from o.ps. It also reveals para ( X ) of the written version that Rs. 11,622/- has been refunded to the complainant. It also reveals from para XI that this o.p. made offer to the complainant to settle the dispute amicably after taking an amount of Rs. 10,000/-. So it proves that complainant purchased tickets in the names of Niharendu Dutta and Mili Dutta along with him. But we find from the petition of complaint that this complainant charged Rs. 3,548/- and Rs. 8,322/- along with Rs. 8,074/- which he expended for purchasing flight E. Ticket for his journey on 02.02.2015.
One copy of letters ( Annexure F’’ ) have been filed by complainant to prove that this complainant made request to o.ps. for cancellation of air tickets stood in the names of Niharendu Dutta and Mili Dutta for their visit on 02.02.2015. Burden of proof lies upon the complainant to prove that he made request for cancellation of tickets stood in the names of Niharendu Dutta and Mili Dutta and also to prove the amount paid to o.ps. for purchasing E.Flight Tickets for journey on 02.02.2015. This Forum is also in the dark for want of invoice of the flight tickets about the payment of money by complainant to purchase their flight for their visit on 02.02.2015. Any way we find from the written version that this o.ps. have already paid Rs. 11,622/- to complainant for cancellation of flight tickets and also like to settle this matter by payment refunding further of Rs. 10,000/- as it reveals from paras 10 & 11 of written version filed by o.ps. So considering the above facts and circumstances we find if the o.ps. are directed to refund Rs. 12,000/- to the complainant for interest of justice then none would be prejudiced.
So we like to direct o.ps. to refund Rs. 12,000/- as refund of E-Tickets for its cancellation as consolidated amount.
We also like to award Rs. 1,000/- as compensation for harassment and mental agony as well as litigations costs.
In the result, this complaint case succeeds in part.
Hence,
O R D E R E D
That the C. C. Case No. 116 of 2017 ( HDF 116 of 2017 ) be and the same is hereby allowed on contest against o.p. nos. 1 & 2.
The o.p. nos. 1 & 2 are hereby directed to pay / refund Rs. 12,000/- ( Rupees twelve thousand ) in total to the complainant by 30 days from the date of receipt of copy of judgment; failing which it will carry simple @ 10% p.a. interest from this date till its full realization.
The o.p. nos. 1 & 2 are hereby also further directed to pay Rs. 1,000/- ( Rupees One thousand ) as compensation for harassment and mental agony as well as cost of litigation to complainant within 30 days from the date of receipt of copy of judgment.
If the o.ps. fail to pay the awarded amount mentioned above within the stipulated period then complainant is at liberty to realize the same with due course of law.
Let a plain copy of the judgment be given to the petitioner and o.ps. free of costs, as early as possible.
DICTATED & CORRECTED
BY ME.
( Abdul Kuddus )
President, C.D.R.F., Howrah.
