Chandigarh

DF-I

CC/406/2023

NISHA KUMARI - Complainant(s)

Versus

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

VRINDA BHARGAVA

04 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Mrs Nisha Kumari aged 46 years w/o Vinod Kuymar Sharma, resident of H.No.1326/2nd Floor Sector 37-B, Chandigarh-160036.

Complainant

Versus

1. Make My Trip Private Ltd SCI No., 169-170, Ist Floor, Sector-8-C, Chandigarh through Director.

2. Make My Trip Pvt Ltd DLF Building No.5, Tower-B, Near DLF Cyber City, DLF Phase-2, Sector-25, Gurugram (Haryana)-122002 through Director.

...Opposite Party

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs).  The brief facts of the case are as under :-
   1. It transpires from the averments as projected in the consumer complaint that on 6.5.2022  the complainant has booked a trip for 4 of her family members  including the complainant   to Swizerland by paying advance amount of Rs.2,33,000/- through online mode and the copy of statement of account with respect to  transfer of amount is annexed as  Annexure C-1. The trip duration was w.e.f. 19^th June 2022 to 27^th June 2022 i.e. for 8N/9days .  The copy of booking bills are annexed as Annexure C-2. On 8.5.2022 the complainant made a request vide Annexure C-3 to the OPs for cancellation of the trip within 48 hours of the booking which was much before the commencement of the tour. The said request was made by the complainant due to her medical condition and non-availability of her husband. On the same day the complainant also made request for refund of paid amount of Rs.2,33,000/- vide Annexure C-4. Not only this, on 11.5.2022  and 14.5.2022 request was again made to the OP for the refund of advance amount paid by the complainant but the OPs did not care to give any heed to the request of the complainant. Instead of refunding the amount on 12.5.2022,  the OPs apprised to the complainant that the amount deposited by the complainant has been adjusted under the head of deductions and nothing remains to refund.  The copy of deduction slip is annexed as Annexure C-5.  Even after that  the husband of the complainant had also sent email Annexure C-6,  requesting for the refund of the  deposited amount as the complainant has undergone surgery, therefore, she would not be available during the trip period but with no result.  When the grievance of the complainant was not redressed, the complaint sent legal notice Annexure C-8 but with no result. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.

1. OPs resisted the consumer complaint and filed their written version, inter alia, taking preliminary objections of  maintainability, cause of action, jurisdiction non-joiner of party and concealment of facts. It is averred that the answering OPs are consumer centric company which is managed through online portal
2. Complainant chose not file rejoinder.

2. In order to prove their respective claims the parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainant had booked a trip to Switzerland with the OPs for 8N/9 days starting from 19^th June 2022 to 27^th June 2022  by paying advance payment of Rs.2,33,000/- as booking amount on 6.5.2022  for her four family members including complainant and after making booking of the said trip  through the OPs,  the complainant within 48 hours had sent cancellation request for the said  booking  due to her health and non-availability of her husband during the trip period but the OPs have not  refunded any amount till date despite request of the complainant, the case is reduced to a narrow compass as it is to be determined if  the OPs are unjustified in not refunding the deposited amount and the complainant is entitled for the relief as prayed for or if the OPs have rightly not refunded the amount as per User Agreement.
   2. The claim of the complainant is resisted by the OPs for the simple reason that the complainant had paid only booking amount of Rs.2,33,000/- out of the total amount of Rs.5,43,944/- and the said paid amount is non-refundable in pursuance to the refund clause entered in the User Agreement and also in the light of the booking made by the complainant vide Annexure OP-1/2.  However, Annexure OP1/2  does not give the details if the OPs have transferred or paid any amount with GST to the airlines or for the hotel bookings out of the total amount of Rs.2,33,000/- received from the complainant. Not only this even refund break-up Annexure C-5 sent by the complainant to the OP further indicates that the OP had made deductions of Rs.2,22443/- towards MMT cancelation fee, Rs.10,567/- towards GST and Rs.11,095/-,  making it clear that the OPs have arbitrarily made the deductions without any fault of the complainant who has specifically sought the cancellation on the ground  of her health and non-availability of her husband during the trip period.  Moreover the entire amount was lying with the OPs at the time when the cancellation request was made by the complainant to the OPs and as the initial burden lies upon the OPs to explain that if any amount was paid by them to the airlines or to the hotels for booking and further the complainant has made request for cancellation of the trip within 48 hours of the bookings as is also evident from Annexure C-3 and C-4 and despite request of the complainant the OPs did not refund the amount to the complainant, it is safe to hold that the OPs have arbitrarily  made deductions  and wrongly withheld the  amount paid by the complainant. Thus, there is deficiency on the part of the OPs.   Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-
   1. to refund ₹2,33,000/- to the complainant alongwith interest @ 9% per annum (simple) from 8.5.2022 when the complainant requested for cancellation of trip till onwards.
   2. to pay ₹20,000/- to the complainant as compensation for causing mental agony and harassment;
   3. to pay ₹10,000 to the complainant/s as costs of litigation.
5. This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.