DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.135 of 20.4.2017

                                      Decided on: 6.8.2021

1. Pankaj Grover, aged about 40 years, son of Sh.Darshan Lal Grover, resident of B-1/4467, Sham Nagar, Rajpura, District Patiala.
2. Sanjeev Kumar Nagpal, aged about 44 years son of Rajpal Nagpal, resident of J-2/10, Gobind Colony, Ward No.17, Rajpura District Patiala.

                                                                   …………...Complainants

                                      Versus

1. Make My Trip, Tower A, SP Infocity Plot No.243, Udyog Vihar, Phase-1, Gurgaon-122016 (Haryana) through its M.D.
2. Malindo Airways, Counter No.3, Shri Guru Ram Dass Ji International Airport, Amritsar, through its M.D.               …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

ARGUED BY              

                                       Sh.G.S.Khushdil, counsel for complainants.

                                      Sh.G.S.Gheeray, counsel for OP No.1.

                                      Opposite party No.2 exparte.                             

 ORDER

                                      JASJIT SINGH BHINDER, PRESIDENT

1. This is the complaint filed by Pankaj Grover (hereinafter referred to as the complainant) against Make My Trip and another (hereinafter referred to as the OP/s).
2. The brief facts of the case are that the OP No.1 deals in tour and travels and for online booking of air tickets etc. under the name and style of Make My Trip.
3. It is averred that the complainants made a programme to visit foreign countries i.e. Bali, Malaysia and Singapore alongwith one Mr.Munish Sood and for that purpose they contacted OP No.1. The complainant approached OP No.1 on 7.8.2016 through on line for booking of the tickets for the complainants and Munish Sood from Amritsar to Bali for 16.10.2016,  Bali to Kulalampur on 20.10.2016, Kulalampur to Singapore on 23.10.2016 and from Singapore to Amritsar on 25.10.2016 in Malindo Airways in economy class and paid Rs.79602/- to OP No.1 as per their demand through credit card No.457262150039303 on 7.8.2016 from the account of complainant No.1 and OP issued E Ticket No.816-9163686117-18, 816-9163686113-14 and 816-9163686115-16 vide ID No.NN2301617009084. It is further averred that due to unavoidable circumstances on 10.10.2016 the complainants got extended the date of their departure and return and the name of Munish Sood was got deleted as co-passenger from Amritsar to Bali  for 15.2.2017, Bali  to Kulalampur on 19.2.2017, Kulalampur to Singapore on 22.2.2017 and from Singapore to Amritsar on 24.2.2017 in Malindo Airways in economy class and paid extra amount of Rs.25232/- through credit card on 10.10.2016 from the account of complainant No.2. It is averred that as per the schedule they booked hotels and paid Rs.30,800/- in cash through broker Holiday Walia at Rajpura and also spent Rs.20,000/- for their visas .
4. It is further averred that on 15.2.2017, the complainants visited to Amritsar Airport after hiring taxi for Rs.10,000/- and when they approached the officials of OP No.2 to issue the boarding passes, OP No.2 told that OP No.1 has not paid/transferred the amount of air tickets to the account of Malindo Airways. At this the complainant made telephonic calls through customer care number of OP No.1 and the officials of OP No.1 admitted their fault and apologized from the complainants for not transferring the amount in the  account of OP No.2 and the complainant were assured that new tickets will be issued for 22.2.2017 and for the refund of the amount paid by the complainants. It is further averred that on 16.2.2017 the complainants made other calls to OP No.1 for sending the tickets/refund of the amount paid by them but to no effect. The complainant sent notice through email and reply dated 17.2.2017 was sent by OP No.1 .The complainant also got sent registered legal notice dated 18.2.2017 but to no effect. It is averred that the OP No.1 only refunded the amount of Rs.25232/- to complainant No.1.The complainant moved an application to the Police against OP No.1 but to no effect. There is thus deficiency in service and unfair trade practice on the part of the OP No.1 which caused mental agony, physical harassment and financial loss to the complainants. Hence this complaint with the prayer to accept the same by giving directions to the OP No.1 to refund the amount of Rs.1,40,402/-spent by the complainants for the purchase of tickets, visa and taxi fair etc.; to pay Rs.5,00,000/- as compensation for causing harassment, mental agony alongwith Rs.33000/-as litigation expenses alongwith interest @12% per annum till the date of payment.
5. Notice of the complaint was duly given to the OPs. Initially OP No.1 appeared through Sh.N.K.Singla, Advocate but no reply was filed despite availing ample opportunities. Thereafter Sh.G.S.Gheeray, Advocate appeared on behalf of OP No.1 and lead evidence on behalf of OP No.1 while none appeared on behalf of OP No.2 and was accordingly proceeded against exparte.
6. In support of the complaint, the complainant alongwith his counsel tendered his affidavit, Ex.CA alongwith documents Exs.C1 to C12 and closed the evidence.
7. On the other hand, the ld. counsel for OP No.2 has tendered in evidence Ex.OPA affidavit of Ms.Ankita Mishra, Dy.Manager-Legal alongwith documents Exs.OP1 to OP3 and closed the evidence.
8. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
9. The ld. counsel for the complainants has argued that the OP No.1 deals in tour and travels under the name and style of Make My Trip. The ld. counsel further argued that the complainants alongwith one Munish Sood made a programme to visit foreign countries i.e. Bali, Malaysia and Singapore and they booked online tickets on 7.8.2016 through Make My Trip and paid Rs.79602/-. The ld. counsel further argued that due to unavoidable circumstances the complainants got extended the date of their departure and return and paid Rs.25,232/- more charges. The ld. counsel further argued that on 15.2.2017 when the complainants reached Amritsar Airport after hiring taxi they came to know from the officials of OP No.2 that OP No.1 has not transferred the amount of air tickets to the account of Malindo Airways. So they were not allowed to board. The ld. counsel further argued that the complainants made calls to OP No.1 through customer care number, they admitted their fault and apologized for not transferring the amount of tickets in the account of Malindo Airways and assured to issue the new tickets from 22.2.2017.The ld. counsel further argued that the complainants came back to their houses and could not go to Bali on 15.2.2017. On 16.2.2017 the complainants made another calls for sending the tickets/refunding of the amount but only Rs.25232/- has been refunded and remaining amount of tickets have not been refunded. So the complaint be allowed.
10. On the other hand, the ld. counsel for OP No.1 has argued that due to inadvertent technical error , beyond the control of OPs’ the said booking could not be confirmed  with the airline. The ld. counsel further argued that the OP duly refunded the complete date change penalty on 18.2.2017.So the complaint be dismissed.
11. To prove this case complainant Pankaj Grover has tendered his affidavit,Ex.CA and he has deposed as per his complaint,Ex.C1 is the booking confirmation of Make My Trip and payment of Rs.79602/- in the name of Pankaj Grover, Sanjeev Kumar Nagpal and Munish Sood and it was total booking amount which was paid.Ex.C2 is the credit card statement of Pankaj Grover vide which amount of Rs.79602/- was credited in the account of Make My Trip.Ex.C3 are the tickets,Ex.C4 are also booking reservation numbers of change dates.Ex.C5 is the bank statement of credit card vide which Rs.25232/- was paid to Make My Trip,Ex.C6 is hotels booking,Ex.C7 is e-mail sent by Pankaj Grover to Make My Trip with the complaint that the airlines refused to issue boarding pass,Ex.C8 is email sent by Make My Trip,Ex.C9 is legal notice,Ex.C11 is visa alongwith passport,Ex.C12 is letter written to DSP, Rajpura against Make My Trip.
12. On behalf of Make My Trip Ms Ankita Mishra has tendered her affidavit, Ex.OPA and in para no.6 it is deposed that due to some inadvertent technical error beyond OP’s control the said booking could not be confirmed with the airline. It is also in para No.4 they refunded Rs.25,233/- received for change of dates.Ex.OP1 is copy of resolution of Make My Trip,Ex.OP2 is the tickets, Ex.OP3 is copy of legal notice alongwith reply.
13. From the documents of both the parties on file and from the affidavit of complainant and OP No.1 it is clear that the complainant approached OP No.1 Make My Trip on 7.8.2016 through on line for booking of tickets for complainants and for one Munish Sood to visit from Amritsar to Bali for 16.10.2016, Bali to Kulalampur on 20.10.2016, Kulalampur to Singapore on 23.10.2016 and from Singapore to Amritsar on 25.10.2016 in Malindo Airways and paid Rs.79602/-.This amount is proved from the account statement Ex.C2 of HDFC Bank in which on 7.8.2016 Rs.79602/- was paid to Make My Trip. As per the complainants they got changed the dates and for the changed dates they paid Rs.25232/- and this is also proved from the copy of credit card statement Ex.C5 of HDFC Bank. Accordingly when on 15.2.2017 when the complainants reached at Amritsar Airport the officials of OP No.2 refused to issue boarding pass as the OP No.1 did not transfer the amount in the account of Airline and this fact is also admitted by OP No.1 in their affidavit. So it is clear that it is a clear cut unfair trade practice on the part of OP No.1, despite the booking the amount was not transferred by OP No.1 in the account of OP No.2 and the complainant could not board the flight.
14. There is no document on the file which can show that the entire amount of Rs.79602/- which was paid through on line booking to OP No.1 was refunded to the complainants. The OP No.1 has only returned Rs.25232/- which was received by them for change of the dates of the tickets. As the OP No.1 was negligent so OP No.1 cannot withhold the amount of Rs.79602/-.The complainant has suffered mentally as they have already booked the hotels and got the visa and paid the taxi fee but due to negligence of OP No.1 they could not board the flight.
15. So, due to our above discussion, the complaint is partly allowed and the OP No.1 is directed to refund Rs.79602/- to the complainants alongwith interest @6% per annum from 7.8.2016, the date when the amount was paid to them  till its payment and also to pay Rs.50,000/-as compensation  and Rs.22000/- as litigation expenses.

Compliance of the order be made by the OP No1 within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:6.8.2021         

                                  Vinod Kumar Gulati        Jasjit Singh Bhinder

                                             Member                                       President