Chandigarh

StateCommission

A/344/2016

Rajesh Gupta - Complainant(s)

Versus

Make My Trip - Opp.Party(s)

Anirudh Gupta, Adv.

06 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Appeal No.	:	344 of 2016
Date of Institution	:	27.12.2016
Date of Decision	:	06.01.2017

 

Rajesh Gupta s/o Sh.Hans Raj Gupta, R/o H.No.1140, Sector 43-B, Chandigarh.  

……Appellant/complainant

 

V e r s u s

 

1. Make My Trip India Private Limited, SCO 43-44, Level-1, Sector 8-C, Madhya Marg, Chandigarh through its Branch Manager.
2. The Managing Director, Make My Trip India Private Limited, having its Registered Office at 243, Udyog Vihar, Phase-1, Gurgaon, New Delhi.
3. Air Asia, through its Branch Manager, SCO 193-94-95, Sector 34-A, Chandigarh.

....Respondents/Opposite Parties

 

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                MR. DEV RAJ, MEMBER.

                MRS. PADMA PANDEY, MEMBER

 

Argued by: Sh.Anirudh Gupta, Advocate for the appellant.     

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

                This appeal is directed against an order dated 09.11.2016, rendered by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (hereinafter to be called as the Forum only), vide which, it accepted a complaint, filed by the complainant (now the appellant), and directed the opposite parties (now respondents), as under:-

“ [a] To refund Rs.75,000/- to the complainant along with interest at the rate of 6% per annum from the date of cancellation of the flight i.e. 22.12.2014 till it is paid;

[b] To pay an amount of Rs.10,000/- as litigation expenses to complainant.

2.         It was directed that the order be complied with by the  opposite parties, jointly & severally, within a period of 45 days from the date of receipt of its certified copy, failing which, the amount awarded was to entail penal interest.
3.         The appellant was not satisfied with the relief given and by filing this appeal, prayer has been made to modify the order, by ordering the respondents/opposite parties to pay an amount of Rs.50,000/- towards mental agony and physical harassment and also to pay interest at enhanced rate to the extent of 9% p.a., on the amount ordered to be refunded.
4.         Alongwith appeal, an application for condonation of delay of 05 days (02 days as per office), in filing the appeal, was also moved by the appellant.
5.         We have heard Counsel for the appellant, at the preliminary stage and have also gone through the entire record, and are satisfied that the appellant has failed to make out any case, for getting further relief. The entire amount paid to purchase the air tickets has been ordered to be refunded with interest @6% p.a., from the date of cancellation of the flight, in question. It is on record that the flight was cancelled on account of bad weather, without any fault of the respondents. This happened on account of force majeure circumstances, which was beyond the control of the respondents. As such, no ground, whatsoever, has been made out by the appellant, to make interference, in the order under challenge.
6.         For the reasons recorded above, the appeal, being devoid of merit is dismissed, at the preliminary stage, with no order as to costs. The order of the Forum is upheld.
7.         Since the appeal filed by the appellant has been dismissed, at the preliminary stage, as such, the application filed by him, for condonation of delay aforesaid, is also dismissed, being rendered infructuous. The application stands disposed off, accordingly.
8.         Certified copies of this order, be sent to the parties, free of charge.
9.         The file be consigned to Record Room, after completion.

Pronounced.

06.01.2017

Sd/-

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

Sd/-

(DEV RAJ)

MEMBER

 

 

 

Sd/-

(PADMA PANDEY)

        MEMBER

 

 

Rg