Delhi

West Delhi

CC/13/643

ASHWANI KUMAR - Complainant(s)

Versus

MAKE MY TRIP - Opp.Party(s)

05 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO. 643/2013

1. Ashwani Kumar Vadhera   S/o Sh. D.N. Vadhera  R/o WZ 239,                                                                                             InderPuri,  New Delhi-110012.      

 

2. Mrs. Vineeta Vadhera   W/o  Aswani  Kumar Vadhera R/o  WZ 239,InderPuri,  New Delhi-110012. 

VERSUS

 

Make my Trip (India) Pvt. Ltd.  ( Having its Registered Office) UG-7(Front side, TDI Mall,                                                                         Rajouri Garden,    New Delhi-110027.

 

Also At:-

 

Tower-A,  S.P. Infocity,   Plot No. 243,  UdyogVihar Phase-1 Gurgon, Haryana-122016

 

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant and his family members  had wished for Trip/Darshan of Mata Vaishno  Devi   shrine from Delhi for which they contacted OP and booked trip with his wife Ms Vineeta Vadhera  and their son MarterTanmay on 30.01.2013  vide  booking ID  No. IN 1301B22778  scheduled  from 28.03.2013 to 30.13.2013 and made payment of Rs.  47,000/- to OP.  The complainant No. 1 his wife complainant NO.2 had  knee  problems and their son  was a minor as such they opted for a darshan package through  chopper / helicopter on the basis  of assurance by Ms.  Samiksha Sharma,  executive  of the OP.  Vide e mail dated 28.01.2013  the complainant  No. 1 was informed that the package/ tour  would include the following services/facilities:-

1. round  trip airfare economy class on
2. accommodation  for two nights in a hotel
3. meals, breakfast and  dinner
4. return  airport transfers
5. chopper tickets on 29/03/2013
6. VIP  darshan pass
7. Hotel to helipad, drop and pick-up by hotel car

The complainants were assured that everything would be handled professionally and the trip would be completely  smooth and hassle free.  It is  further stated  the 11^th and 12^th Feb. 2013 their  air tickets and  Hotel Voucher were sent,  however, chopper tickets and the  Darshan passes were awaited.  The complainant  sent several  e-mails  to OP for Chopper ticket and VIP Dharshan passes but every time  OP warded off its responsibility to do the needful .   As   promised the chopper ticket and darshan passes were not made available  even by the evening  of  29.03.2013.  The executives of  PAWAN HANS    helicopter authority stated that there were no such tickets booked  in the name of complainant’s as a result the complainant had no other option but to return  without having  darshan  which caused them  harassment, mental agony  and  inconvenience.   The complainant sent legal notice to OP  demanding back the refund  of money paid  by them for tour and compensation which was flatly refused  by OP hence  the present complaint. 

2. OP filed written statement taking preliminary objections inter-alia  that  complaint  has been filed  on mere conjectures and surmises also that parties are bound  with  terms and conditions of the agreement which are binding upon them; OP just acted as facilitator  for booking accommodation in superior room of hotel  of Devi Grand, Katra.  The  complainant had alleged  forgery , cheating  etc. on  behalf of the  OP  for  which he should  have approached the  regular court.On merits, it is admitted that complainant booked trip  for Vaishno Devi and paid Rs. 47,000/-  as tour  charges and that OP had specifically communicated to complainant that helicopter and VIP Dharsahn passes would be provided to them  at hotel  Devi Grand, Katra and  that it was  confirmed by the  hotel that the chopper ticket and VIP Dharshan Passes  booked were duly provided to complainant but they  did not avail the same for the reasons best known to them , therefore,  the complaint should be rejected.

3.     Complainant has filed replication denying contents of written statement and re-affirming the contents of complaint.  He has filed his affidavit in evidence testify0ing all the facts stated in the complaint. He also relied upon the documents Ex.CW1/A to Ex. CW1/J. On the other hand Sh. Ankit Mishra Assistant Manager filed  affidavit in evidence on behalf of O.P. He relied  upondocumentsEx.OPW/A to Ex.OPW/F. Both parties have also filed their written submissions.

4.     We have heard  Counsel for parties  and perused the record.

5.     Controversy involved  in the present case  lies in a narrow campus  because most of the contents of the complaint are admitted by OPsuch as the booking of  tickets for Vaishno Devi on payment of  Rs. 47,000/-  as tour charges and facilities  stated in para 1 of this order.  The only dispute which calls for consideration is non supply of chopper ticket and VIP  Dharshan  Passes.The case of complainant is that despite their best efforts and repeated requests made to OP  the facility was not provided by OP as a result they were not  able to have  Darshan  of Vaishno Devi Shrine  for which they  had booked the tour.  The plea of the  OP,  on the other hand is that they have informed the complainant  vide e-mail  of April, 2013 that they have  confirmed  from Hotel Devi  Grand  which stated that chopper  tickets were handed over  to complainant as  such there was no deficiency . It is quite strange  that OP  has not placed on record any iota of substantiate its stand about handing over chopper ticket and VIP Passes  by Hotel Devi Grand . OP has not shown any receipt  having been  executed by complainant regarding such facility.  Therefore, the plea of OP about  handing over these two facilities  appears to be an oral claim thus we hold that OP  has failed to extend the facility  of chopper ticket and VIP  DarshanPasses as promised and ,therefore, committed deficiency in  service which led to immense inconvenience, mental torture and disappointment  to complainant and his family members.  We, therefore, award a sum of Rs. 50,000/- as compensation toward mental harassment, inconvenience and litigation expenses to be paid within 45 days from receipt of this order failing which  interest @ 6% from the date of institution  of complaint till realization.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

  Announced this______ day of __December _____ 2018.

 

                                                                                                                            ( K.S. MOHI )                                               (PUNEET LAMBA)                                                                                          PRESIDENT                          

 MEMBER