Haryana

Panchkula

CC/126/2018

ARUN SINGHMAR - Complainant(s)

Versus

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

MR.ROHIT SAROHA,ADV FOR THE COMPLAINANT

05 Apr 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.                                              

Complaint Case No.	:	126 of 2018
Date of Institution	:	12.07.2018
Date of Decision	:	05.04.2019

 

 

 

 

 

Arun Singhmar S/o Sh.Ved Prakash, age 30 years, R/o House No.648, Sector-25, Panchkula.

                                                                                                                ….Complainant

Versus

1.    Make My Trip Pvt. Ltd., DLF Building No.5, Tower-B, DLF Cyber City, Ph-2, Sector-25, Gurugram, Haryana-122022 (Head Office) through its Director/Manager.

2.    Make My Trip India Pvt. Ltd., SCO 169-170, Madhya Marg, Sector-8C, Chandigarh, through its Director/Manager.

3.    Punjab National Bank, Sector-25, Panchkula Branch through its Manager.

                                                                                                              ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

Before:           Mr.Satpal, President.          

                        Dr.Pawan Kumar Saini, Member.

                        Dr.Sushma Garg, Member.

 

Present:          None for the complainant.

                        None for the Ops No.1 and 2.

                        Mr.Varun Chawla, Adv., for the OP NO.3.

             

                        The present complaint has been filed by the complainant alleging that the complainant booked the Himalayan Resort Village PO Jari, Parvati Valley, Kullu Himachal Pradesh on 17.07.2017 through the official website of Ops No.1 & 2 and during booking, in the first attempt, the amount was deducted from his saving bank account No.3949000102754628 of Punjab National Bank but the hotel booking was not shown as successful. The complainant again tried and during the second time, the hotel booking was successful and an amount of Rs.7114/- was again deducted from the account of the complainant. The complainant has sought the refund of the amount of Rs.7114- alongwith interest and has also prayed for the compensation on account of mental agony, harassment and litigation charges.

                        The OP No.1 and 2 has resisted the claim of the complainant stating that alleged amount, if any, is lying with the Bank i.e. Op No.3 and that there is no deficiency in service on the part of the Ops No.1 and 2.

                        The Op No.3 while taking some preliminary objections regarding the maintainability of the complaint on the ground of jurisdiction has stated that the amount as prayed for by the complainant has already been credited to the account of the complainant.

We have perused the entire record available on the file and find that written statement by Op No.3 was filed on 27.12.2018 and the case was adjourned to 28.01.2019 for filing evidence of the complainant but none appeared on behalf of the complainant on 28.01.2019 and the case was adjourned to 01.03.2019 for filing evidence of the complainant. On 01.03.2019, none appeared on behalf of the complainant and the case was adjourned to 28.03.2019 for filing evidence of the complainant subject to the last opportunity. On 28.03.2019, again none appeared on behalf of the complainant; however, in the interest of justice one more opportunity was provided to the complainant to submit his evidence and the case was adjourned to 05.04.2019 for filing evidence of the complainant subject to the last opportunity. Today again case was called several times since morning; it is already 4 PM but neither the complainant is present nor anyone his behalf is present in the Forum for submission of evidence. We have also no information with regard to the absence of the complainant. The learned counsel for the OP No.3 has filed the bank statement of the account of the complainant showing that an amount of Rs.7114/- has already been credited into the account of the complainant. The complainant is not appearing since 08.11.2018. It seems that grievances of the complainant have been redressed by the Ops and now he is no longer interested in pursuing the present complaint. Thus, we found no reasonable justification to adjourn the case repeatedly for the same purpose i.e. for filing evidence of the complainant. In the absence of any evidence in support of the contention of the complainant, we have no option except to dismiss the complaint. Hence, the present complaint is hereby ordered to be dismissed for want of prosecution. The complaint stands disposed of accordingly.

                        A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

Dt.                      (Dr.Sushma Garg)            (Dr.Pawan Kumar Saini)                 (Satpal)

05.04.2019        Member                              Member                                            President