Delhi

West Delhi

CC/14/308

Nand Prakash Bhatia - Complainant(s)

Versus

Make My Trip - Opp.Party(s)

Punit K. Bhalla

23 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

CASE NO.  308/2014

SH. NAND PRAKASH BHATIA

R/o 51, BERCHA ROAD,

ADJACENT COLNEL ACADEMY SCHOOL,

MHOW, INDORE.                                                           …..Complainant

VERSUS

MAKE MY TRIP (INDIA) PVT. LTD.

UG-07, FRONT SIDE,

TDI MALL, RAJOURI GARDEN,

NEW DELHI-110027.…..Opposite Party-1

O R D E R

K.S. MOHI, PRESIDENT

          The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986. Briefly the facts are that the complainant after seeing advertisements of OP expressed desire to go to Europe Trip for which complainant approached OP to avail holiday package namely “Grand Deal of Europe” alongwith for his wife for Rs. 1,64,000/- per person on double sharing basis. The OP already intimated complainant through e-mail dated 10.07.2013 regarding details of aforesaid holiday package and claimed it to include the following variants:-

1. Cost of the round trip, return economy class airfare valid for the duration of the tour,
2. Airport Taxes,
3. UK and Schengen Visa Charges,
4. Travel Insurance up to the age of 60 years-valid for the duration of the tour,
5. Services of a make my trip tour manager,
6. Accommodation in double/twin bedded rooms in hotels stated in the itinerary or similar meals, coach tours, transfers, entrance fees, sightseeing tours and surface transportation as indicated in the itinerary.

 

Thereafter, OP via e-mail dated 15.07.2013 asked complainant to send the form duly filled up and to make advance payment of Rs. 40,000/- for confirmation of offer by OP. The complainant also paid additional amount of Rs. 14,000/- as Visa fee for UK. But OP failed to adhere to the terms and conditions of the package and intimated that visa will be arranged by complainant himself whereas it has been explicitly mentioned in the terms and conditions of the holiday package that it would also include visa charges. Since, OP failed to provide required visa, complainant decided to call off the entire deal and asked OP to refund the money. The complainant did not receive the amount. Hence, the present complaint for refund of the whole amount and compensation.

OP filed reply taking preliminary objections the complainant is wholly misconceived, vexatious, misleading, misrepresented, unsustainable and frivolous. The contract between complainant and OP was made on the basis of the terms and conditions which were mentioned in the booking form and thus was binding upon the parties. On merits, OP admitted that the complainant had booked the tour package but stated that the registration fee was non-refundable and was liable to forfeited in the event of cancellation of package tour by complainant due to any reason what so ever. It is further stated that for the purpose of visa the complainant was told by OP to go to UK embassy himself and arrange the visa thereof because for the UK embassy visa application form, the visitor only had to be present and they did not entertain any agent for that purpose. Since, the complainant did not present himself for the purpose of obtaining fees, the tour could not be proceeded further and consequently complainant cancelled the tour himself. As per the terms and conditions of the registration form complainant was not entitled to refund of the amount because he himself cancelled the tour.

The complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint on oath and relied upon Ex-CW1/A—CW1/E.  On the other hand, OP Sh. Saurabh Taneja, Deputy Manager has filed affidavit of evidence testifying all the facts as alleged in the written statements on oath and relied upon Ex. OPW1/A—OPW1/E.  Parties have also filed their written submissions.

          We have heard Ld. Counsel for the parties and perused the documents on record carefully and thoroughly.

In the instant case payment of Rs. 40,000/- given by complainant is in dispute. As per tour programme, it was the OP who had to arrange visa for UK whereas plea of OPs that complainant himself had to go to the UK embassy and arrange for the same. We have gone through the tour package, terms and conditions and the e-mails sent by OP, it is clear that tour included UK and Schengen Visa Charges. Since, the complainant was separately charged for arranging visa for UK, it was the imperative on the part of the OP to take steps and help out the complainant in arranging visa otherwise the whole exercise would crumble to the ground and would subsequently make the whole package non-operational. It is commonly seen that where there is a dealing with tour operators sometimes they play hide and seek and frame the terms and conditions in such a fashion that they always gain advantage over hapless people. It is very easy to usurp the hardened money of credulous consumers on one pretext or the other. It appears that the conduct of the OP would certainly attract unfair trade practice and can be held liable for deficiency in service to the complainant in the present case.

In view of above discussions and circumstances, we pass award in the sum of Rs. 40,000/- in favour of the complainant with interest @6% from the date of filing the complaint till actual realization and further we award a sum of Rs. 10,000/- towards mental, physical harassment and litigation expenses within 45 days from the receipt of the order. In case of default of payment in time OP shall be liable to pay interest @ 8% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Announced this __23TH________April, 2019.

 

(K.S. MOHI)                                                                             (PUNEET LAMBA)

PRESIDENT                                                                                  MEMBER