Tamil Nadu

South Chennai

CC/254/2019

R. Kalimullah - Complainant(s)

Versus

Make My Trip rep by its Manager - Opp.Party(s)

I. Anand

20 Jul 2022

ORDER

Date of Complaint Filed: 13.09.2019

Date of Reservation     :  01.07.2022

Date of Order              :  20.07.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

CONSUMER COMPLAINT No.254/2019

WEDNESDAY, THE 20^th DAY OF JULY 2022

R.Kalimullah,

S/o Abdul Razack,

No.6/4, Narasimman Street,

Nagalkenni, Chromepet,

Chennai – 600 044.                                                                                                                                                        ... Complainant            

..Vs..

The Manager / In Charge

Make My Trip,

D.No.10, 1^st Floor,

Khader Nawaz Khan Road,

Chennai – 600 006.                                                                                                                                                    ...  Opposite Party

******

Counsel for the Complainant          : M/s. I. Anand

Counsel for the Opposite Party       : Exparte

        On perusal of records and after having heard the oral arguments of the Complainant, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to return the Air Ticket amount, which the Complainant paid a sum of Rs.43,176/- and further Rs.3,00,000/- for compensation of loss and deficiency of service and Rs.50,000/- for mental agony towards the Complainant and their family members and cost.

2.     The averments of Complaint in brief are as follows:-

                The Complainant and his family members approached the Opposite Party and booked Air Ticket to be travelled from Bombay to Chennai on 20.02.2019, through JET AIRWAYS FLIGHT 9W-469, the schedule of departure on 27.04.2019 at about 16.35 hours. The Complainant had agreed and entered an agreement through writing and oral that the above trip would be conform and issued conform ticket to be travelled from Bombay International Terminal to Chennai International Airport for the aforesaid departure dated 27.04.2019 at 16.35 hours.  The Complainant had paid a sum of Rs.43,176/- through the Complaint Axis Bank Credit Card No.5245080004404014, Chrompet Branch on the same day of booking Air Ticket, and the same amount has been credited by the Opposite Party account, in which the Opposite Party issued the confirmed Air Tickets to the said names and the booking Id.INIBI550685851652. The Complainant used his mobile no.9042197719 and 9043633509 for booking purpose and further the Complainant used his email ID saifullah 

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-12 were marked.    The Opposite Party did not appear before this Commission even after sufficient notice served on them. Hence the Opposite Party was set exparte.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

Upon perusal of Ex.A-1 it is evident that the Complainant booked Air Ticket for the travel of himself  and his family members from Bombay to Chennai on 20.02.2019, through JET AIRWAYS FLIGHT 9W-469, which is scheduled for departure on 27.04.2019 at about 16.35 hours. As per Ex.A-2, the Complainant had paid a sum of Rs.43,176/- to the Opposite Party through Axis Bank Credit Card No.5245080004404014, Chrompet Branch of the Complainat on the same day of booking Air Ticket, pursuant to which the Opposite Party issued the confirmed Air Tickets of the Complainant and his family members and the booking Id.INIBI550685851652. The contention of the Complainant is that all of sudden the Opposite party had cancelled the said Air Ticket without any intimation to the Complainant, which has caused mental agony to the Complainant. Ex.A-3 is the e-mail sent on 05.05.2019 by the Complainant’s brother R.Saifullah  to settle the amount, for which the Opposite Party has given reply mail Ex.A-4 that the amount is lying with Jet Airways and they need further time to settle the amount. Subsequently the Opposite Party  vide Ex.A-6 and Ex.A-7 had given assurance through email  that the amount would be settled. On 20.06.2019, the Complainant has issued a Lawyer Notice, Ex.A-8 to the Opposite Party for return of the Air Ticket amount, which notice has been received by the Opposite Party on 24.08.2019, Ex.A-9. The Opposite Party has given reply notice dated 27.06.2019, Ex.A-10 seeking further details of correct Booking Id, Mobile Number, Email ID and Credit/Debit Card that been used at the time of booking Air Ticket, for which the Complainant has sent reply with all particulars on 04.07.2010, Ex.A-11. Even after receipt of the reply on 10.07.2019, the Opposite Party did not return the Air Ticket charges.

The act of the Opposite Party by cancelling the Air ticket booked by the Complainant by paying a sum of Rs.43,176/- for the travel from Bombay to Chennai through JET AIRWAYS FLIGHT 9W-469, which is scheduled on 27.04.2019 at about 16.35 hours without any intimation to the Complainant and subsequently not refunding the ticket charges even after several exchange of communications between the Complainant and the Opposite Party amounts to deficiency in service which would have caused hardship and mental agony to the Complainant.

Point No.2 and 3:

As discussed and decided above that the Opposite Party had  committed deficiency in service, the Complainant is entitled for the return the Air Ticket amount of Rs.43,176/- which the Complainant paid and for compensation of Rs.1,00,000/- towards deficiency in service and for the mental agony suffered by the Complainant along with cost of Rs.5,000/-. The Complainant is not entitled for any other reliefs.

In the result, the Opposite Party is directed to return the Air Ticket amount of Rs.43,176/- (Rupees Forty Three Thousand One Hundred and Seventy Six Only) which the Complainant paid, and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as compensation for the deficiency in service and for the mental agony caused to the Complainant along with litigation cost of Rs.5,000/- (Rupees Five Thousand Only) to the Complainant, within 8 weeks from the date of this Order, failing which, the Complainant  is entitled to recover the above amounts together with interest at the rate of 6% per annum from the date of the order till the date of realization.

In the result the complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 20^th day of July 2022.

S. NANDAGOPALAN                                                         T.R. SIVAKUMHAR                                                                  B.JIJAA

       MEMBER II                                                                         MEMBER I                                                                      PRESIDENT

List of documents filed on the side of the Complainant:-

List of documents filed on the side of the Opposite Party:-

NIL

S. NANDAGOPALAN                                                                  T.R. SIVAKUMHAR                                                        B.JIJAA

       MEMBER II                                                                                   MEMBER I                                                           PRESIDENT