Haryana

Panchkula

CC/95/2015

LT.COL.NIKHIL PAREEK. - Complainant(s)

Versus

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

N.S RATHORE.

10 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.

 

                                                                  

Consumer Complaint No	:	95 of 2015
Date of Institution	:	25.05.2015
Date of Decision	:	10/12/2015

                                                                                          

 

Lt Col Nikhil Pareek CO Western Command Internal Security Group C/o 56 APO

 

                                                                                ….Complainant

Versus

 

Make My Trip India Private Limited Tower A SP Infocity 243  Udyog Vihar  Phase 1 Gurgaon  Haryana 122016

 

                                                                              ….Opposite Party No1

 

 

Air India Marine Drive Nariman Point Mumbai 400021

 

 

                                                                             ….Opposite Party No 2       

 

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

Mr.S.P.Attri, Member   

 

For the Parties:     Complainant in person. 

Mr.Naveen Sharma, Advocate for OP No.1

Mr.S.R.Chaudhary, Advocate for OP No.2      

ORDER

 

(Anita Kapoor, Member)

 

1.                          The complainant-Lt.Col. Nikhil Pareek has filed this complaint against the opposite parties with the averments that he has to visit various places due to official duty as he is serving in Indian Army.On 09.06.2014, he had booked E-Tickets Numbers 098-5225650319 and 098-52256550320 through online from OP No.1 by paying an amount of Rs.10882/-.  Due to operational deployment in boarder region of Himachal Pradesh to observe activities of China Troops, complainant had moved to Pooh on 17.07.2014 and due to above deployment the complainant could not perform his journeys.  On 19.07.2014 E-Ticket was cancelled at Air India Office at Chandigarh before departure of the flight on 20.07.2014. The return tickets ie. Pune to New Delhi and New Delhi to Chandigarh were cancelled online and a sum of Rs.1617 were refunded by OP No.1 but no refund of outbound flights has been made. The complainant has requested the OP No.1 many a times besides sending of many e-mails for refunding of the amount as ticket was cancelled but to no avail. The act and conduct of the Ops clearly amounts to deficiency in service and unfair trade practice on their part. In evidence the complainant has tendered affidavit and documents Annexure CA, Annexure C1 to Annexure C3.

 2.               On notice, both the Ops appeared and contested the complaint by filing separate replies. The OP No.1 in its reply has submitted that this Forum has no jurisdiction to entertain the present complaint and to interfere in the matter as the terms and conditions of the User Agreement have been binding upon the parties. The present complaint is not maintainable being filed on flimsy and vexatious grounds. The OP No.1 is a private limited company duly incorporated under the Companies Act, 1956 and it is a well reputed and highly acclaimed Tour and Travel Company throughout India beside branch office at New York (USA). It is submitted that the complainant had booked round journey air tickets of Chandigarh Delhi Pune after making payment of Rs.10870/-. The OP No.1 simply acts as a booking facilitator and has no concern with the services provided by the service provider i.e. the airline company. The first lap of journey was cancelled   directly by concerned Airline company and the second lap of journey was cancelled online by the complainant by using the Website of the OP No.1, and thereafter received the refund after applicable cancellation charges. However, on the technical pretext of website which was showing the outbound flight in “flown” status, the refund was not processed. In the present case the dispute is within respect to only Rs.1617/- which could not be refunded by OP No.1 because no authentic details of the status of flight were supplied to the OP No.1 by the Airline Company.  The complainant is not entitled for any compensation and costs as the Op No.1 has acted with utmost care and diligence. The complainant has also not come to this Forum with clean hands and has suppressed the true facts.  OP No.2 in its separate reply has submitted that the complainant has received Rs.1617/- and the balance is due Rs.2713/- and it has to be explained by the OP No.1 being vendor and the OP No.2 is not responsible for the errors of the commission or omission of the agent. Both the Ops have denied that there is any deficiency and unfair trade practice on their part. Prayer for dismissal of the complaint has been made. In evidence the Ops have tendered affidavits Annexure R1/A, Annexure R2/A, Annexure R1/1, Annexure R2/1 to Annexure 2/3.

3.                          We have heard the complainant in person and counsel for OPs and have also perused the record very carefully.

4.                          The Ld. Counsel appearing on behalf of OP No.1raised, at the very outset of hearing, a preliminary objection about the jurisdiction of this Forum to try this complaint on the plea that no cause of action occurred within the jurisdiction of this Forum. It is also argued that there is a precise clause in the User Agreement (Governing the online transactions on the website concerned) that it is only the Courts at Delhi which will have jurisdiction to try any controversy.

5.                                 The plea raised merely deserves to be noticed to be negated. The provisions of Section 11 of the Consumer Protection Act would appear to categorically validate the investing of jurisdiction in a Forum where the cause of action, or a part thereof, arises. In the present case, the complainant was posted at Chandimandir, as an Army Officer. It was from there only that he made the online booking of tickets and further it was from there only that he got the booking cancelled as he could not undertake the journey due to official commitments. While a part of the amount was refunded to him, the refund of the balance Rs.2,713/- was denied to him. It is that denial which is the topic of grievance by the complainant. Insofaras OP No.2, i.e. Air India is concerned, the averment made is that while the complainant has received INR Rs.1617/-, the non refund thereof has to be explained by the vender Makemytrip.com. Insofaras OP No.1 is concerned, it reiterated the validity of denial of the refund of the out bound flight on an averment that it (OP) sought “stamped ticket from complainant which he got cancelled directly by airline just a day before the schedule date of departure. On receipt thereof, the applicable refund - would be processed”. It further averred that the matter pertaining to that part of refund “could not be refunded by Answering OP because no authentic details of the status of flight were supplied to Answering OP by Airline Company”.

6.                                 Be that as it may, it would appear to be the uncontroverted that the refund of the balance amount is held up. Now that the withholding of the amount is evident from the averments made by OP No.1 itself, it would be appropriate that the refund is made by OP No.1 to the complainant.

7.                                 We would accordingly  order that

            a)         OP No.1 shall refund the balance amount to the complainant within a period of 15 days w.e.f. from the date the communication of this order to it comes about and, thereafter, the complainant shall forward the stamped ticket to OP No.1 within one week thereof;

            b)        OPs shall pay a sum of Rs.10,000/- to the complainant as the compensation for the mental agony and harassment caused to the complainant; and

            c)         OP shall pay a sum of Rs.5,000/- as the cost of litigation to the complainant.

8.                     A copy of this order shall be forwarded, free of cost, to the parties to the complaint.

 

ANNOUNCED

10.12.2015           S.P.ATTRI    ANITA KAPOOR          DHARAM PAL

                            MEMBER          MEMBER                   PRESIDENT

 

 

Note: Each and every page of this order has been duly signed by me.

                                          

 

 

                                                         ANITA KAPOOR

                                                          MEMBER