Ravi Thakur S/o Late Dr. Gandharb Singh R/o 47, Medical Enclave, Majitha Road, Near Peer Baba, Amritsar

Complainant

Versus

1. Make My Trip Pvt.Ltd., having its office at  Tower A, SP Infocity, 243, Udyog Vihar, Phase I, Haryana 122016 through its M.D./Manager
2. Make My Trip India Pvt.Ltd. having its office at SCO 32, Pal Plaza, District Shopping Centre, Ranjit Avenue, Above Kodak Showroom, Amritsar through its Manager

Opposite Parties

Complaint under section 12 of the Consumer Protection Act, 1986

Present: For the Complainant   : Kanwar Pahul Singh,Advocate

              For the Opposite Parties :Sh.Gaurav Arora,Advocate

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Coram:

Sh.Anoop Sharma, Presiding Member

Ms.Rachna Arora,Member     

Order dictated by:

Ms.Rachna Arora, Member

1. Ravi Thakur complainant has brought the instant complaint under section 12 of the Consumer Protection Act, 1986  on the allegations that on 4.2.2016 the complainant booked a package namely ‘Maldives 3 Nights Land’ from the opposite party for his relative viz Rahul Rana and Palvisha Thakur  and paid the total amount of package to the tune of Rs. 1,35,047/- and Rs. 52000/- to the opposite party . The date of departure under package from New Delhi to Maldives was 10^th of February 2016 and the date of return from Maldives to New Delhi was 13^th of February 2016. At the time of boarding the flight from Maldives to New Delhi when the relatives of the complainant reached airport and went to get boarding pass at airport, they were informed that the bookings of the relatives were cancelled  and the concerned authorities were not able to find confirmed itinerary ticket. As such the relatives of the complainant were compelled to buy another ticket with enhanced price at the spot. Finding no other alternative, they had to purchase another tickets on the spot and paid 526$ (USD) at the rate of Rs. 67/- per dollar  (INR Rs. 35242/-) at the Maldives Airport and got the confirmed tickets and returned back to New Delhi. After reaching home, the complainant lodged complaint with Maldives Airlines and asked about the reason for not issuing confirmed returned ticket to relatives of complainant , who vide e-mail dated 15.2.2017 replied the complainant that the agent cancelled the booking due to un-ticketing. No ticket number was found under their names and as such they were asked to pay for a new ticket from Airport. It is mention over here that at the time of booking the opposite party had got booked the ticket for Rs. 25000/- and they have to pay Rs. 35000/- i.e. Rs. 10000/- more on the spot. The complainant approached the opposite party number of times and asked for refund of his amount  which he had already paid for returned ticket also to opposite party. But till today opposite party has not refunded the same to the complainant. The opposite party has also not told about the reason why they had got cancelled the tickets, if they had already received the amount from the complainant. The act of the opposite party in cancelling the ticket after getting requisite amount from the complainant and the relatives were forced to pay for another ticket at the spot and further in not refunding the amount to the complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of the opposite parties . Vide instant complaint, complainant has sought for the following reliefs:-

1. Opposite parties be directed to refund the amount of Rs. 26,232/- price of returned ticket received by the opposite party and  Rs. 35000/- price of ticket purchased on the spot ;
2. Compensation to the tune of Rs. 1,00,000/- alongwith litigation expenses to the tune of Rs. 25000/- may also be awarded to the complainant.

Hence, this complaint.

2.       Upon notice, opposite parties a appeared and filed written version in which it was submitted that on February 04, 2016 complainant booked the package inscribed in the name and style of “Maldives 3 Nights Land” for his relatives alongwith Air tickets for Delhi-Maldives-Delhi sector in Mega Maldives Airlines scheduled to depart on February 10, 2016 from New Delhi  to Male at Maldives  and on February 13, 2016 from Male to New Delhi. The details of the aforesaid booking is herein below:-

It was submitted that  the opposite parties are just as facilitator for booking the Maldives Package and Airlines Tickets for complainant’s relatives.  The complainant enquired about the available options for making the said booking online and tried to create an online booking on February 4, 2016 via opposite parties website which in the process of generating the confirmed tickets deducted an amount of Rs. 52000/- towards the air tickets apart from Rs. 1,35,047/- that was deducted towards the Maldives package. It was submitted that the confirmed booking was issued to the complainant against the package in the name of “Maldives 3 Nights Land” under the booking ID IN1702BIS3199645, which was duly utilized by the complainant’s relatives . However the process for issuing the confirmed air tickets for one sector i.e. from Maldives to New Delhi could not be completed due to technical snag. It was submitted that in case of online bookings sometimes the bookings are not confirmed due to sudden drop of seat availability on the chosen flight  or due to fluctuation in the connectivity of the airline reservation system. The same is not in the control of the opposite party as the same flight is uploaded on various other online portals. It is pertinent to note that in the present case, since the complainant had made multiple bookings i.e. for the Maldives package and Air tickets for the to and fro sector from New Delhi to Maldives, the booking was reflecting as confirmed in the opposite parties system  and hence the tickets were issued to that effect.  It was submitted that the complainant duly utilized the air tickets booked for New Delhi to Maldives sector under the booking ID NN2302814686717 and also fully utilized the package booked under the booking ID IN1702BIS3199645. The complainant is only disputing the cancellation of the air tickets for Maldives to New Delhi sector. It is pertinent to note that as soon as the complainant escalated this issue with the opposite party, the opposite party categorically informed the complainant that the cancellation could have been happened because of sudden drop of seat availability on the chosen flight or due to fluctuation in the connectivity of the airline reservation system   and that the additional amount incurred by the complainant will be duly refunded to the complainant  on producing the copy of fresh tickets with the opposite parties. However, till date the complainant has not made the fresh tickets available to the opposite party  and instead has filed the present complaint. However, as a customer centric approach, the opposite party is ready to refund the additional cost incurred by the complainant’s relatives towards the purchase of fresh tickets. While denying and controverting other allegations, dismissal of complaint was prayed.

3.       In his bid to prove the case Sh.Kawar Pahul Singh, Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of e-mail dated 16.2.2017 Ex.C-2, copy of e-mail dated 16.2.2017 Ex.C-3, copies of the statement of account Ex.C-4 & Ex.C-5, copy of detail of ticket Ex.C-6, copies of the tickets dated 13.2.2017 Ex.C-7 to Ex.C-10, copy of e-mail dated 16.2.2017 Ex.C-11, copy of e-mail dated 4.5.2017 Ex.C-12 and closed the evidence on behalf of the complainant.

4.       To rebut the aforesaid evidence Sh. Gaurav Arora,Adv.counsel for the opposite parties tendered into evidence duly sworn affidavit of Ankita Mishra Ex.OPW1/1, copy of resolution Ex.OPW/A, copy of the agreement Ex.OPW/B and closed the evidence on behalf of the opposite parties.

5.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

6.       From the facts and circumstances of the case, it becomes evident that the complainant booked a package namely “Maldives 3 Nights Land”  with the opposite party by spending Rs. 1,35,047/- being total package price and Rs. 52000/- being price of tickets and this fact was admitted by the opposite parties . It was submitted that the date of departure under package from New Delhi to Maldives was 10^th of February 2016 and date of return from Maldives to New Delhi was 13^th of February 2016. It was the case of the complainant that at the time of boarding the flight from Maldives to New Delhi, when the relatives of the complainant reached airport , they were informed that the bookings of the relatives were cancelled  as the concerned authorities were not able to find confirmed itinerary ticket. As such the complainant had to purchase another ticket with enhanced price i.e. to the tune of Rs. 35,242/- at the spot .  The case of the complainant that at the time of booking he had already paid the total package price as well as price of tickets of both sides for which the opposite parties issued tickets to the complainant on 4.2.2016 which fact  was admitted by the opposite parties that the complainant got booked a package in the name of “Maldives 3 Nights Land” under the booking ID IN1702BIS3199645 which was duly utilized by the complainant’s relatives. It was also admitted by the opposite parties that the confirmed tickets were also generated for which an amount of Rs. 52000/- were deducted . However, the only plea of the opposite parties is that air tickets for one sector i.e. from Maldives to New Delhi could not be completed due to technical snag which was not under the control of the opposite parties . The other plea of the opposite parties is that as the complainant had made multiple bookings i.e. for Maldives package and Air tickets for the to and from sector from New Delhi to Maldives, the booking was reflecting as confirmed in the opposite parties system and hence, the tickets were issued to that effect. So the opposite parties itself admitted that the confirmed tickets were issued to the complainant. Now the opposite parties are ready to  refund the additional cost incurred by the complainant’s relatives towards the purchase of fresh tickets.  As the complainant’s relatives had to suffer in the hands of the opposite parties as  initially the opposite parties itself issued confirmed tickets but later on when the complainant’s relatives went to board the flight from Maldives to New Delhi, they were informed that the bookings were cancelled  and they were compelled to buy another ticket with enhanced price i.e. to the tune of Rs. 35,242/-  and got the confirmed tickets and all this happened due to the deficiency in service on the part of the opposite parties for which the complainant is entitled to compensation.

7.       On quantum of compensation, complainant has sought compensation to the tune of Rs. 1,00,000/-, which is quite exorbitant  and fanciful. The complainant is not entitled to any exorbitant compensation rather he is entitled to compensation to off set the  actual loss occasioned by him due to deficient service of the opposite party. Moreover, it is none of the intention of the legislature to enrich a party at the cost of another by awarding exhorbitant damages. In our considered opinion and from the facts and circumstances of the case, compensation to the tune of Rs. 8000/- for the loss occasioned by the complainant is sufficient to salvage the loss suffered by the complainant due to deficient service on the part of the opposite parties. The opposite parties are also directed to refund Rs. 35000/- incurred by the complainant’s relatives for purchase of fresh ticket, which the opposite parties are ready to refund to the complainant.. However, complainant is also awarded litigation expenses to the tune of Rs. 4000/- . Compliance of this order be made within 30 days of the receipt of copy of the order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated : 13.11.2017