Delhi

StateCommission

CC/1072/2016

PUNEET GARG - Complainant(s)

Versus

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

D.K. GOSWAMI

29 Sep 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

                                                Date of Arguments: 29.09.16

Date of Decision:    07.10.16

 

Complaint No. 1072/2016

 

In the matter of:

           

Puneet Garg

            S/o Shri Ashok Kumar Garg

            R/o Flat No. 1103, Block H-1, Mahagun Moderne

            Sector 78, Noida 201301

            Distt. Gautam Budh Nagar                                                             ...Complainant

 

 

                                      Versus

 

 

Make My Trip

Through Authorised Person

243, SP, Infocity, Udyog Vihar Phase-1

          Gurgaon, Haryana

 

          Also at

          F-26, First Floor Connaught Place

          Inner Circle Delhi-110001.                                  ........Opposite Party

                  

 

CORAM

                                                                                               

O.P. Gupta, Member (Judicial)

 

1.         Whether reporters of local newspaper be allowed to see the judgment? 

 

•  

 

2.      To be referred to the reporter or not? Yes

 

 

 

JUDGEMENT

            The complaint has been filed on the allegation that complainant, his wife and his daughter about aged  three and a half decided to go for vacation in the last week of December 2015 and started searching plan for the same.  In September 2015 they got quotation for their tour planned for Bangaluru- Mysore- Ooty for 5 nights and 6 days from 25.12.15 to 30.12.15.  The same included hotel bookings and taxi service from end to end.  They reached Bangaluru airport in the afternoon of 25.12.15.  The driver provided by the OP picked up the complainant and family from airport and they stayed in Bangaluru overnight. On 26.12.15 they reached Mysore where they visited historical places and stayed over night in hotel.  On 27.12.15 they were to travel to the most awaited destination Ooty from Mysore.  Cab given by OP was being driven by an inexperienced driver who was driving rashly and negligently.  Driver did not mend his way of driving inspite of being reminded time and again not to do so.  He continued driving the vehicle too fast in over confidence while overtaking some private and commercial vehicle.  He did not notice the bus coming from opposite direction and the car of the complainant was hit.  He was sitting on left side of the rear seat and became unconscious.  The driver escaped from the spot.  FIR as lodged at Police Station, Mysore South on the same day.

2.        The wife of the complainant called the parents of the complainant from Punjab. On 28.12.15 surgery was done on the face of complainant. On 30.12.15 he was operated and his hip surgery was done. He was on ventilator.  On 31.12.15 he gained consciousness.  Though operations were successful,  he was left with the problem of hole in his mouth.  The same was not possible to be treated at that time due to nature of injury or other post surgery complication.  He was discharged from hospital and travelled back to his home on 11.01.16. His wife and daughter had already come back on 07.01.16. On 23.01.16 he visited plastic surgeon in Jalandhar for removal of IMF and food pipe. On 30.01.16 he underwent another surgery for removal of arch wires from his mouth.  Prescription and reports of Vrindavan Hospital, Mysore have been filed. 

3.        Bills for treatment at Vrindavan are to the tune of Rs. 5,14,240/-.  Amount of Rs. 81,840/- was spent on travelling and ambulance charges.  He paid Rs. 3200/- for surgery and OT charges, Rs. 1810/- on medicines. He visited dental clinic, Bhatinda  on 14.03.16 and eye specialist on 23.03.16 in Bhatinda. He has claimed Rs. 9,18,883/-  including three months salary amounting to Rs. 2,85,000/-.  Further he has claimed Rs. 4,50,000/- for two surgeries, compensation of Rs. 10,00,000/- for mental agony, Rs. 2,50,000/- for legal expenses.  In all he has claimed Rs.26,18,883/-.

4.        I have gone through the material on record and heard the arguments at the stage of admission. The office of the OP is in Gurgaon, Haryana.  The incident took place in Mysore.  FIR was also lodged in Mysore. No part of cause of action has arisen in Delhi.

5.        The counsel for complainant submitted that OP has its branch office in Delhi and that is sufficient to confer jurisdiction on this commission as per section 17 Consumer Protection Act.

6.        The said section came for consideration before Hon’ble Supreme Court in Sony Surgical vs. National Insurance Company IV (2009) CPJ 40. It was held that branch office has to be coupled with cause of action.  Otherwise the company may have hundred branch offices and complainant cannot be allowed to compel the OP to attend court from Kanyakumari to Kashmir.

7.        Apart from above, the complainant paid Rs. 51,240/- to the OP for booking the trip as per annexure C-1 copy of which is at page 22.  Now he wants payment of Rs. 26,00,000/-  to him. The claim is highly exaggerated,  in particular the amount of compensation for mental agony which complainant has claimed has assessed at Rs. 10,00,000/- .  It is settled law that court can always check the exaggerated amount. Otherwise the same may disturb the legislative frame of dividing jurisdiction at three levels viz. National Commission, State Commission and District Forum.

8.        In view of the above, the complaint is rejected for want of territorial jurisdiction.

            Copy of the order be sent to both the parties free of cost.

                                   

                                                                                               

(O.P.GUPTA)

                                                                                                MEMBER(JUDICIAL)