Chandigarh

DF-II

CC/220/2020

Dr Komaldeep Kaur Bedi - Complainant(s)

Versus

Make My Trip - Opp.Party(s)

Sandeep Bhardwaj

09 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	220 of 2020
Date  of  Institution	:	02.06.2020
Date   of   Decision	:	09.07.2021

 

 

 

 

1]  Dr.Komaldeep Kaur Bedi d/o Late S.Kuldip Singh, Senior Consultant Ophthalmology, Healing Hospital, Sector 34-A, Chandigarh.

2]  Dr.Manmohan Singh Bedi s/o Late S.Bhagwant Singh Bedi, Associate Director, General & GI Surgery, Max Hospital, Phase-6, Mohali.  

         …..Complainants

Versus

1]  Make My Trip (MMT), SCO No.169-170, Sector 8-C, Madhya Marg, 160018, Chandigarh through its Manager/Authorised Representative.

2]  Make My Trip (MMT), Head office :- DLF Building No.5, Tower B, DLF  Cyber City, Phase-II, Sector 25, Gurugram, Haryana 122002 through its Manager/Authorised Representative.

    ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

                                SH.B.M.SHARMA                    MEMBER                         

 

Argued by :-  Sh.Sandeep Bhardwaj, Advocate for the complainant

   None for OPs

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainants booked round trip flight tickets from Delhi to Dubai on Make My Trip/OP website on 3.11.2019 for 18^th to 24^th Dec., 2019 through their registered account with OPs under name of Dr.Manmohan Singh Bedi (Ann.C-1) and also booked Hotel for the same date, after making payment through their Credit Card (Ann.C-1 to C-3). It is averred that on 24.11.2019 at midnight some fraudulent activities happened on their registered account on OPs platform and all their flights and hotel booking were cancelled.  This was informed to the OPs, whereupon the official of OPs namely Ms.Ankita Saha informed them that their email ID had been hacked, whereas the OPs have been informed that their email has not been hacked, rather their account created with OPs has been hacked. That when the complainants looked closely at all whatsapp messages from watsapp number of MMT , it was found that on 24.11.2019 midnight, hacker first created OPS black account on OPS platform, then the complainants' flight tickets were cancelled and it was written in that message that the refund amount of 59618 rupees (NN7110548132354 booking reference number) will be credited in their account in next 3-12 days and around 8 messages after cancelled flight message of redeeming of 8 Zomato vouchers. It is stated that after a while there was Message that    the complainants hotel booking (NH2302838639538 booking reference number) had also been cancelled and refund amount of 62967 rupees will be credited in their account in next 3—12 days and subsequently there were again similar 8 messages of redemption of Zomato vouchers. The complainants checked their account on OPS site and found that some hacker had claimed 16 Zomato vouchers of Rs.7500 each through same OPS Black account which appears to have been created fraudulently on 24.11.2019 midnight. The complainants immediately again called up OPS Customer care phone number and again apprised them of fraud going on their plat form in form of fraudulent cancellations and redeeming of Zomato vouchers and requested him to freeze their OPS account. The Customer care person told the complainants that he will immediately freeze their OPS account and as well as all those zomato vouchers fraudulently claimed. It is submitted that he assured the complainants that they will get their full money back in the same account from which they have paid for bookings and complainants will not be penalized for the cancellation which they have not done. The official also told the complainants that he will inform their risk control team about the same. It is pleaded that on 27.11.2019 Ms. Ankita saha emailed the complainants that she had forwarded all SMS and whatsapp massages to concerned team and asked the complainants to wait for 24-48 hours for their refund.  However, the complainants never received any refund amount in their card account.  Thereafter, the complainant lodged complaint about the said fraudulent activity with Cyber Cell and on intervention of crime branch, the OPs deposited Rs.1,20,000/- in the wallet account of the complainants, but still the amount lost due to flight cancelation was not refunded by the OPs as promised.  Hence, this complaint has been filed alleging deficiency in service on the part of OPs. 

       

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that admittedly the OPs have duly initiated the refund process towards the complainants and in accordance to the Cancellation Charges agreed to by the complainant, which was clearly mentioned in the E-Ticket, duly provided to the complainant and accordingly, on 24.1.2020 refunded Rs.61,000/- in the original mode of payment via Refund Ref. No.20012486996 in lieu of the cancellation of the concerned Hotel Booking and Rs.59,000/- in the original mode of payment via Refund Ref. No.20012485007, hence the OPs have refunded the complete amount in the original mode of payment of the complainant in accordance to the Cancellation Policy and hence no further refund is applicable and no cause of action is attributable to the OPs.  It is submitted that the cancellation of the confirmed booking can only be initiated through the registered User Account of the Complainant which has been registered with the email ID: mmsbedi@rediffmail.com and can only be accessed by using the password pertaining to the said email account, so, the OP cannot be held liable for the cancellation of the said confirmed bookings. It is submitted that in the present case the email ID of the Complainants has been compromised which further led to compromise of his MMT login details, probably because of same/similar password.  It is also submitted that on the instance of the Complainant, the representatives of the Opposite Party No. 2 duly checked the web portal activity of the instance of cancellation and found out that the said cancellation was initiated on 25.11.2019 at 01:09 Hours by sending an OTP on the mobile Number as well as on the email of the Complainant No. 2 i.e. mmsbedi@rediffmail.com, and the same could only be accessed by the Complainants or any person authorized by her. It is pleaded that the refund made to the MMT Wallet was used to redeem Zomato Vouchers, on which the Opposite Party have no control and in pursuance of the same, the representatives of the OP duly informed the Complainants that the OP is not liable for any refund since the email ID of the Complainants was compromised to obtain OTP and further advised the Complainants to lodge a complaint with cybercrime and further suggested the Complainants to keep a strong password for MakeMyTrip ID, personal email ID / public accounts to minimize future risks of the account being compromised.  It is also pleaded that despite the refund request being made for transfer of the refund amount to the MMT Wallet, the Opposite Party No. 2, at the request of the Complainants, has duly refunded the refund amount in the original mode of payment. Denying other allegations, the OPs have prayed for dismissal of the complaint. 

3]       Rejoinder has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the reply filed by OPs.

4]       Parties led evidence in support of their contention.

5]       We have heard the ld.Counsel for the complainants and have gone through entire documents on record.

6]       The perusal of the record reveals that complainants have already been credited/refunded an amount of Rs.1,20,000/- in their MMT Wallet, but the amount lost due to their flight cancellation was not refunded. The thorough perusal of the documents shows that the site of the OP Company was hacked, some fraudulent activities happened on the registered account of the OPs including that of the complainant and then the flight & hotel bookings of the complainants were cancelled.  Thus, it is clear that the complainants had suffered loss and harassment due to deficient act of OPs. The company has a legal obligation to protect its data from theft/hacking. We are of the opinion that the loss and harassment so caused to the complainants was due to the network security breach in the system/software of the OP Company, therefore, the deficiency in service on the part of OPs is clearly established, so the complainants deserves to be compensated.   

7]       In the light of above observations, we are of the considered view that the Opposite Parties are found deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainants deserves to succeed against the Opposite Parties.  Accordingly, the complaint stands allowed with direction to OPs to refund to the complainants an amount of Rs.50,981/- along with interest @9% p.a. from the date of filing the complaint till realisation.  The OPs are also directed to pay a compensation of Rs.25,000/- to the complainant for causing immense harassment and mental agony due to their deficient services, along with litigation cost of Rs.10,000/-.

         The above said order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.10,000/- apart from the above relief.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                             

9^th July, 2021                                                            sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER