Chandigarh

DF-II

CC/130/2015

Rajesh Garg - Complainant(s)

Versus

Make My Trip India - Opp.Party(s)

Sukaam Gupta, Adv

29 Feb 2016

ORDER

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

======

Consumer Complaint  No	:	130 of 2015
Date  of  Institution	:	12.03.2015
Date   of   Decision	:	29.02.2016

 

 

 

 

 

Rajesh Garg, R/o #982, Sector 70, Mohali, Chandigarh.

 

             …..Complainant

Versus

 

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

 

2]  Make My Trip India Pvt. Ltd., Tower ASP Info City, 243, Udyog Vihar, Phase-1, Gurgaon, through its Managing Director.

 

3]  Austrian Airlines IGI Airport Terminal 3, Room No.25, Office Level +20, New Delhi, through its Area Manager/Station Manager

 

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      :     Sh.Sukaam Gupta, Advocate

 

For Opposite Party(s)   :     Sh.Naveen Sharma, Advocate for      Opposite Parties NO.1 & 2.

 

                                  Sh.Chetan Dayal, Advocate for       Opposite Party-3.

 

 

PER JASWINDER SINGH SIDHU, MEMBER

 

 

          As per the case, the complainant in order to visit Canada, booked air tickets through OPs online on 21.11.2014 for a sum of Rs.73,780/- and the flight was scheduled for 26.12.2014 and returned journey on 10.1.2015 and the route was New Delhi to Toronto via Vienna and Frankfurt (Ann.C-1 & C-2).  It is averred that along with air tickets, the Opposite Parties also provided a travel insurance to the complainant (Ann.C-3).  That the complainant reached IGI Airport Delhi at 9.00 P.M. on 25.12.2014 for necessary boarding and check-in as the departure time of the flight was 02:20 A.M. on 26.12.2014.  It is averred that when the complainant approached Austrian Airlines i.e. Opposite Party No.3 for necessary boarding and check-in at about 10.00 PM, the same was denied due to non-availability of transit visa for European Countries and when this matter was brought to the notice of OPs No.1 & 2, they told that the responsibility to resolve the issue with regard to transit visa is of Opposite Party No.3 and they cannot help the complainant.  However, the complainant was denied boarding on 26.12.2014 and when Opposite Party No.3 was approached, they clarified that the responsibility of correction lies with ticket issuing agency i.e. Opposite Parties No.1 & 2. It is pleaded that the complainant vide Ann.C-5 e-mail was replied by the representative of OPs NO.1 & 2 on 5.1.2015 that the tickets are non-refundable in case of no show and she will check the details with airlines i.e. Opposite Party NO.3 regarding fare rules in case of off-loading of a passenger.  However, the OPs No.1 & 2 kept on lingering the matter on the pretest that the team is working on cancellation and they will update the complainant, but he did not receive any update from OPs No.1 & 2 since 30.1.2015.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of the OPs.

 

2]       The OPs NO.1 & 2 have filed joint reply and stated that the complainant on 21.11.2014 visited their website and booked an air ticket of Delhi-Toronto sector via Vienna and Frankfurt and make payment of Rs.73,780/- for the tickets.  It is stated that the booking was confirmed online by the complainant through answering Opposite Party’s website and on the website booking page itself, it immediately pops up with a disclaimer as to the said booking requires any transit visa or not.  It is also stated that there was a requirement to have a transit visa for the said booked flight as it had a halt at Vienna and Frankfurt (Ann.C).  It is submitted that the flight of the complainant was cancelled due to his own negligence as the complainant failed to acknowledge that there is a requirement of a Transit Visa for travelling, if there is a halt or a short stay in any different country in between the journey.  It is also submitted that answering Opposite Party only acted as mere facilitator for booking of air ticket in this matter and is not responsible to check the procurement of Transit Visa by the passenger booking an air ticket from the website.  Further, the answering Opposite Party will in no way be held responsible in case of cancellation of air ticket by Opposite Party No.3 for not having the Transit Visa.  Rest of the allegations have not been denied with a prayer to dismiss the complaint.

 

         The Opposite Party NO.3 has also filed reply and admitted the booking of the air tickets for 26.12.2014 and return journey on 10.1.2015 on route New Delhi to Toronto via Vienna and Frankfurt.  It is also admitted that the complainant was denied boarding on 26.12.2014 due to the fact that he was not having valid Visa for European State for which the sole responsibility was of the complainant and thus he was rightly denied the boarding.   It is stated that the official concerned rightly informed the complainant that he cannot board the flight due to non-availability of the transit visa for European Country as he has to change a flight from Vienna to Frankfurt for onward journey to Toronto for this purpose, it was mandatory for the complainant to have valid Schengen Visa. Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.

 

         Rejoinder to the written statement of OPs NO.1 & 2 has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that the OPs No.1 & 2 as made in their written statement.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the Opposite Party No.3 and have also perused the entire record as well as written arguments.

 

5]       The complainant for his journey from Delhi to Toronto booked ticket from OPs No.1 & 2 and as per their mutual discussion, a ticket of Opposite Party NO.3 airlines for an amount of Rs.73,780/- was provided to the complainant for a journey beginning 26.12.2014 and return on 10.1.2015.  The said booking was done Online from Chandigarh on 21.11.2014 and the travel was routed through Vienna and Frankfurt.  The complainant, who reached the IGI Delhi Airport at 9.00 PM on 25.12.2014 as the scheduled departure of his flight was 02.20 AM on 26.12.2014.  At the time of checking in, the complainant was denied the boarding pass by the officials of Opposite Party No.3, as according to them, complainant’s passport did not have necessary Visa for the two countries i.e. Germany and France through which the flight was routed to touch down at Vienna and Frankfurt on route to Toronto and in the absence of such Visa documents, the Opposite Party NO.3 denied boarding to the complainant.  The complainant has alleged deficiency in service on the part of the Opposite Parties as according to him, it was the responsibility of the booking agent as well as the airlines-Opposite Party No.3 to inform him about any such condition, so that he could have managed such Visa permissions or would have planned his journey accordingly.

 

6]       The Opposite Parties No.1 & 2 have filed a joint reply refuting the allegations of the complainant claiming that it was the responsibility of the complainant to be aware about the different rules applicable for different countries where he was visiting during his transit travelling.  Furthermore, Opposite Party NO.1 & 2 have also pointed out that the electronically generated ticket as sourced from Opposite Party No.3 contained necessary instructions for the complainant with regard to the such preparations of valid documents for travel including valid passport, air-ticket, valid visa(s) and insurance policy.  As the complainant, himself having ignored these instructions, which are printed on the ticket itself, would in no manner lay the blame at the door of OPs NO.1 & 2, thus, claiming no deficiency in service on their part, prayed for dismissal of the complaint.

 

7]       The Opposite Party No.3 while contesting the claim of the complainant, has claimed that it was the responsibility to check the necessary travel documents of their passengers before issuing the boarding pass.  As the complainant did not have valid transit visas for Frankfurt and Vienna airports, which were on the route of the travel of the complainant for his journey to Toronto, he was rightly denied the boarding pass and was even advised an alternate ticket for his journey, which he did not prefer while cancelling his ticket issued to him.  The Opposite Party No.3 has further disclosed that an amount of Rs.3130/- was refunded as per cancellation policy in April, 2015 and furthermore, only acting out of a goodwill gesture and customer centric approach, an amount of Rs.42,636/- was refunded in the month of May, 2015, without prejudice to the right of Opposite Party No.3 with regard to the admission of refund of the ticket purchased by the complainant.  Thus,  claiming no deficiency in service on its part, prayed for dismissal of the complaint qua it.

 

8]       We have perused the documents placed on record by the parties and are of the opinion that the complainant while booking his tickets on 21.11.2014 for his journey between Delhi to Toronto with stop overs at Vienna and Frankfurt, was supplied the electronically generated ticket placed on record by the complainant himself as Ann.C-1 & C-2.  On perusal of the clauses, dealing with “Important Information” and “Travel Documents”, it is found that relevant instructions are found appended under these headings, which read as under:-

 

         “Important Information

         ….

    Before the commencement of your travel, kindly check that you have collected all the valid documents required for travel, such as passport, air tickets, valid visa(s), etc. Contact the consulate/airline for further details.

         ….

         Travel Documents

    Please ensure that your passport is valid (does not expire) for at least 6 months at the time of your travel.  Do check the visa requirements of your destination country and any country you are transiting from (some countries require passengers to obtain a transit visa).   

 

9]       The tickets Ann.C-1 & C-2, which was handed over to the complainant on 21.11.2014, was much earlier from the due date of his departure i.e. as many as 25 days before the scheduled departure on 26.12.2014.  Therefore, the complainant had ample time to seek such visa permissions as applicable to his travel through Frankfurt and Vienna and as the complainant neither tried to seek any information from the office of any of the Opposite Parties whether there was any need for him to apply for transit visa nor himself acted as per the instructions reproduced above, thus with no action coming from the side of the complainant to ascertain about the requirement of valid document, the allegations of deficiency in service do no stick against the Opposite Parties.

 

10]      Though the refund of Rs.3130/- and Rs.42,636/- was made by Opposite Party No.3 in the month of April & May, 2015 after the filing of the present complaint on 12.3.2015 and such refund, as per the version of Opposite Party No.3 was made as per the ticket cancellation policy and adopting customer centric approach and goodwill gesture, without prejudice to its right of entire refund of the ticket issued to the complainant.  In this situation, we are of the view that such decision was partial refund was totally at the discretion of Opposite Party No.3 and no certain right of the complainant would arise for entire refund on this score. 

 

11]      In the light of above observations, we are of the concerted view that no case of deficiency in service is made out against the Opposite Parties and therefore, the complaint deserves to be dismissed.  Accordingly, the complaint is dismissed with no order as to costs.

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

 

Announced

29^th February, 2016                                                              

                                                                        Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

Om                                                                                                                        

 

 

DISTRICT FORUM – II

CONSUMER COMPLAINT NO.130 OF 2015

PRESENT:   None   Dated the 29th day of February, 2016

O R D E R                        Vide our detailed order of even date, recorded separately, the complaint has been dismissed against the Opposite Parties.                     After compliance, file be consigned to record room.

 

(Priti Malhotra)	(Rajan Dewan)	(Jaswinder Singh Sidhu)
Member	President	Member