DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/467

Date of Institution : 02.07.2018/29.11.2021

Date of Decision : 05.07.2022

Bikramjit Singh aged about 37 years son of Sukhraj Singh resident of 452, East Mohan Nagar, Amritsar.      …Complainant

Versus

1. Make My Trip Private Limited, DLF Building No. 5, Tower-B, DLF Cyber City, DLF Phase-2, Sector-25, Gurugram-122002. 

2. Make My Trip Ind Private Limited, Amritsar Office- SCO-32, Pal Plaza Above Kodak Showroom, District Shopping Centre, Ranjit Avenue, Amritsar.

3. Srilankan Airlines Limited through its authorized principal officer/ Manager c/o STIC Travels Private Limited No. 312, 3rd Floor, World Trade Centre, Bara Khamba Avenue, Canaught Place, New Delhi-110001

…Opposite Parties.

 

Complaint U/S 12 of The Consumer Protection Act, 1986

Present: Sh. Mohit Nanda Adv counsel for complainant.

Ms. Neena Kapoor Adv counsel for the opposite parties No. 1 and 2.

Ms. Preeti Mahajan Adv counsel for opposite party No. 3. 

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Sh. Navdeep Kumar Garg  : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Section 12 of the Consumer Protection Act against Make My Trip Private Limited, Gurugram and others. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that the opposite parties No. 1 and 2 got booked air tickets of opposite party No. 3 for the complainant. The complainant intended to go to Delhi to Male and back Male to Colombo and Delhi and tour programme is that.-

Date of Journey Place of Departure Destination Date of Booking

1 March 2018 Delhi Airport Male 2 Feb 2018

5 March 2018 Male Airport Colombo 2 Feb 2018

6 March 2-18 Colombo Airport Delhi 2 Feb 2018

3. That the opposite party No. 1 and 2 booked tickets from Delhi to Male of Air India AI-263 for which the opposite party charged Rs. 98,820/- for 3 members. Similarly, the opposite parties No. 1 and 2 issued tickets of Srilankan Airlines UL from Male to Delhi via Colombo opposite party No. 3 for which the opposite party charged Rs. 87,786/- for 3 members. But due to some reasons the complainant cancelled his tour program and applied to the opposite parties No. 1 and 2 on line from Amritsar for cancellation of his above air tickets on 21.2.2018 and opposite party confirmed cancellation ensuring the complainant for refund of cancellation amount within 3 days to the tune of Rs. 88,053/- against Delhi to Male of Air India and Rs. 68,970/- against ticket from Male to Colombo and to Delhi. The opposite parties No. 1 and 2 have refunded back the payment of cancelled tickets from Delhi to Male but for the tickets from Male-Colombo-Delhi still not refunded. Further, it caused financial burden of payment of interest to bank because payment was made from credit card and on account of non refund of amount by the opposite party the complainant could not deposit the same in credit card bank account and bank has charged Rs. 6000/- in March, Rs. 5000/- in April and Rs. 5000/- in May 2018 as interest from the complainant. The complainant sent many emails to the opposite parties No. 1 and 2 for refund of amount but they failed to refund the amount of cancelled tickets which amounts to deficiency in service. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite party may be directed to pay Rs. 68,970/- alongwith interest at the rate of 18% per annum from the delayed period. 

2) To pay Rs. 1,00,000/- on account of compensation for mental agony and harassment. 

3) To pay litigation expenses.

4) Any other relief to which the complainant is found entitled. 

4. Upon notice of this complaint, the opposite parties No. 1 and 2 filed written statement taking preliminary objections that the complainant booked Air Tickets through answering opposite parties on 2.2.2018 to travel from Delhi-Male-Colombo-Delhi against which the opposite parties provided the complainant confirmed Air Tickets. The complainant himself cancelled his tour program and applied for cancellation and opposite parties immediately forwarded the request for refund to concerned Airlines and intimated the complainant that an amount of Rs. 88,053/- against Delhi to Male Sector and an amount of Rs. 68,970/- against Male-Colombo-Delhi will be refunded within three days by the concerned Airlines i.e. Air India and Srilankan Airlines respectively. The amount of Rs. 88,053/- against Delhi-Male sector has already been refunded by Air India whereas the refund of Rs. 68,970/- against second ticket has also been refunded by the opposite party to the complaina on 3.7.2018 vide RRN 201818488726316. Due to some technical error which were beyond the control of the opposite party refund amount of Rs. 68,970/- was not processed to the complainant's bank account and various attempts were made to refund the amount to the complainant. So, there was an inadvertent delay in refunding the amount to the complainant. The refund was made to the complainant before the complaint was filed and summons were served upon the answering opposite parties. The role of the answering opposite party is providing travel services is limited only to the extent of providing smooth, convenient and efficient online travel booking inter face to its customers and is no manner responsible for any refund on account of deficiency. Further, complainant has no locus standi to file the present complaint. The complainant has not approached this Commission with clean hands and suppressed the true facts. 

5. On merits, the opposite parties No. 1 and 2 submitted the same submissions as mentioned in the preliminary objections so there is no need to repeat the same. However, lastly the opposite parties No. 1 and 2 prayed for the dismissal of the present complaint with costs. 

6. The opposite party No. 3 also filed written reply taking preliminary objections that this Commission has no territorial jurisdiction to adjudicate the present complaint as it is not a designated court as stated in Rule 29 (1) of Schedule 2 to the Carriage by Air Act 1972 which is a special law. There is no privity of contract between the complainant and the opposite party No. 3. The opposite parties No. 1 and 2 raised a refund request on 26.3.2018 and same was acted upon by opposite party No. 3 and processed on 4.4.2018 but it appears from the allegation made in the complaint that opposite parties No. 1 and 2 withheld the refund falsely stating that opposite party No. 3 will take 45 to 60 days to refund, so complaint against opposite party No. 3 is liable to be dismissed with costs.

7. On merits, it is submitted that opposite parties No. 1 and 2 is a independent company and render the service to its customers outside the control of the opposite party No. 3. It is admitted that complainant and some other passengers had booked its return journey by Srilankan Airlines. There is no delay on the part of opposite party No. 3 as it has made a refund to opposite parties No. 1 and 2 as per its policy and within short period of time. Therefore, there is no deficiency in service on the part of the answering opposite party. Lastly, the opposite party No. 3 prayed for the dismissal of the present complaint with costs.

8. We have heard the learned counsel for the parties and gone through the record on the file. Written arguments also filed by the opposite party No. 3. 

9. It is admitted fact between the parties that the complainant booked Air Tickets of Air India and opposite party No. 3 through opposite parties No. 1 and 2 on 2.2.2018. It is also admitted that the complainant cancelled his tour program and applied for cancellation of his air tickets on 21.2.2018. It is also admitted that the opposite parties informed the complainant that refund of cancellation amount against Delhi to Male of Air India is Rs. 88,053/- and against Male to Colombo and Delhi is Rs. 68,970/-. The complainant admitted in his complaint that he has already received the amount of cancelled tickets from Delhi to Male but for the tickets from Male-Colombo-Delhi not refunded till the filing of the complaint.

10. The opposite parties No. 1 and 2 in the affidavit of Ekank Mehra Assistant Manager (Legal) specifically deposed that the amount of Rs. 68,970/- against second ticket has also been refunded to the complainant on 3.7.2018 vide RRN 201818488726316. The opposite party No. 3 also submitted in their written version that the opposite parties No. 1 and 2 raised refund request on 26.3.2018 which was processed on 4.4.2018 and opposite parties No. 1 and 2 falsely withheld the refund and falsely stating that opposite party No. 3 will take 45 to 60 days to refund. The complaint was filed on 2.7.2018 and refund was made by the opposite parties No. 1 and 2 on the next day on filing of present complaint i.e. 3.7.2018. The complainant has not filed any document or rejoinder stating that he has not received this amount of refund, which means that the complainant received the refund amount of second ticket from the opposite parties No. 1 and 2. Now the dispute is only with regard to compensation and costs.

11. Admittedly, the complainant made a request for cancellation of tickets on 21.2.2018 whereas he received the payment on 3.7.2018 after about more than four months from the opposite parties No. 1 and 2. The opposite party No. 3 clearly mentioned in their written version that they received the refund request on 26.3.2018 and same was processed on 4.4.2018 and it was opposite parties No. 1 and 2 who withheld the refund amount. We have perused the emails sent by the opposite parties No. 1 and 2 dated 15.4.2018, 8.4.2018 and 4.4.2018 in which they informed the complainant that the refund from the airline will take 45-60 days from 26.3.2018. Even in an email dated 4.5.2018 they intimated the complainant that as per policy of airlines it will take 60-90 working days to validate the refund whereas the opposite party No. 3 already processed the refund request on 4.4.2018. In this way, it is only the opposite parties No. 1 and 2 who delayed the payment of the refund of the amount to the complainant, which is clear cut deficiency in service and unfair trade practice on their part. 

12. In view of the above discussion, present complaint is partly allowed against the opposite parties No. 1 and 2 and opposite parties No. 1 and 2 are directed to pay an amount of Rs. 5,500/- to the complainant as compensation for mental tension and harassment and Rs. 3,300/- as costs and litigation expenses. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties by the District Consumer Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        5th Day of July 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Navdeep Kumar Garg)

Member