Date of Filing : 17/07/2023

Date of Judgement : 19/07/2024

Mrs. Monihar Begum, Hon’ble Presiding Member

This complaint is filed by Mr. Debadipta Sen Gupta u/Section 36 under C.P. Act 2019 against the Opposite Parties viz., (i) MAKE MY TRIP PVT LTD (ii) ETHIOPIAN AIRLINES alleging unfair trade practice on the part of the OPs.

Complainant’s case in short is that on 17.01.2020, he had booked through the OP No.1 an E-ticket No.071-3756788292, PNR No. LNKKVV, Booking ID NN2118051365732 Mumbai – Addis Ababa Round Trip Flight 1^st June to 15^th June 2020 of Ethiopian Airlines.  Complainant paid Rs.75,118/- to the OP No.1 towards cost of Air Ticket mentioned above.  But due to Pandemic of Covid-19, Tour got cancelled.  So complainant asked for refund of the amount paid by him. On 19.12.2022, the OP No.1 made a partial refund of Rs.60,146/- ( Sixty thousand one hundred forty six)only as against request for Rs. 75,118/- + interest.  OP No.1 informed by E-Mail dated 12.22.2022 that no more refund was applicable on that booking. Thus the present complaint is filed praying for direction upon OPs to refund Rs.15,072/- and Rs.10,000/- for mental pain and agony and Rs.10,000/- for litigation cost. 

On perusal of the record it is found that as OPs did not turn up on service of notice.  So case has been heard exparte.

The only point requires to be considered is whether complainant is entitled to the relief(s) as prayed for?

DECISION WITH REASON

In support of his claim towards booking for tour, complainant paid Rs.75,118/- in total to the OP No.1, and he has filed Money Receipt dated 17.01.2020 and sent refund request in its Mail dated 29.05.2020 to the OP No.1. He also sent a legal notice on 19.12.2022 calling upon the OP No.1 & OP No.2 to make full refund of Rs.75,118/-. The OP 1 made partial refund of Rs.60,146/- against the request for Rs.75,118/- 04.05.2023 complainant sent legal notice demanding the balance amount of Rs.15,072/- and interest.  OP No.1 did not respond on 22.05.2023, he sent another legal notice to OP No.2.  OP No.2 to which he also did not respond. All these documents sufficiently established his claim of booking the Tour and payment therein.

We find there is a deficiency in service on the part of OP No.1 as he tried to make profit and still continues to wrongfully withhold complainant’s money in part. The service of OP No.2 is also deficient as he avoided to respond to complainant’s query.

It is a known fact that due to the situation of pandemic of Covid-19.there was lock down during the said period and all the tour programmes were cancelled. So, when the tour got cancelled, complainant was entitled to refund of the balance sum paid by him but no such refund was made by the OPs.  OPs did not even respond to the letter sent by the complainant.  So, in such a situation, since before this Commission, there is absolutely no contrary material to counter the claim of the complainant, he is entitled to refund of the sum of Rs.15,072/- along with @7% interest p.a. from the booking date 17.01.2020 and Rs.7,000/- for litigation cost which will be justified.

It is OP1 & OP2 who are liable to pay the said amount.

Accordingly it is

ORDERED

CC No.324 of 2023 is allowed exparte against OP1 & OP2.

OPs are liable to pay the entire amount.

OPs are directed to pay the amount of Rs.15,072/- along with interest @7% p.a. from the date 17.01.2020 to the complainant within 45 days from the date of this order.

OPs are further directed to pay Rs.7000/- for litigation cost to the complainant within the aforesaid period of 45 days from the date of this order failing which the complainant is at liberty to proceed in accordance with law.

In default of payment, entire sum shall carry further interest @9% p.a. till realization.

Directed and corrected by me

          Member