FINAL ORDER/JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
This is an application filed by the complainants U/s 12 of the CP Act, 1986.
The fact of the case in brief is that the OP Make My Trip used to carry on business on arranging of tours and travels on behalf of its customer against consideration money.
On or about 15 November, 2018, the complainant No. 1 approached the OP for making necessary arrangement for flight ticket for the purpose of their tour from Delhi to Stockholm via Amsterdam and returned for their travel during the period of 22.05.2019 to 06.06.2019. Accordingly, the OP purchased ticket KLM flight from Delhi to Stockholm via Amsterdam and returned by Air France. The ticket prices was of Rs. 2,06,503/- which was paid by the complainants through their respective credit card.
It is further case of the complainants that they regularly keep in touch with the OP for seat confirmation which was assured during ticket purchase. The escalation team of MMT checked and found the guilty of their booking officer hereby refunded the amount for seat purchase INR 16,290/- to the complainants. Thereafter, on 21.04.2019 the OP informed the complainants that the entire ticket has been cancelled without assigning any reason. The ticket were purchased about 06 months back. So, the complainants became shocked due to sudden cancellation of air tickets. The tour was finalised and visa was also granted. So the complainants had to purchase ticket for them once again at a higher price. The new ticket was of Rs. 3,05,264/-.
Under such circumstances, the complainants sent a legal notice rather demand notice to the OP through their Ld. Advocate vide letter dated 07.08.2019 and demanded the ticket price. The OP vide its letter dated 04.09.2019 requested the complainants for bank details with intention to refund the money. Accordingly, the complainants furnished the account details vide letter dated 18.09.2019. Copy of their letter is annexed as annexure “B” but the OP did not refund the amount to the complainants even on repeated request. It is also alleged that the OP harassed the complainants with ulterior motive.
Under such circumstances without having any other alternative, the complainants have filed this case with a prayer to give direction to the OP to pay a sum of Rs. 7,88,344/- along with interest @ 15 % p.a. on the said amount and also prayed for litigation cost of Rs. 25000/-.
The OP Make My Trip has contested the claim application by filing WV denying all the material allegations leveled against it.
The OP Make My Trip (India Pvt. Ltd.) is a company duly in-corporate under the Companies Act, 1956 and working with immense good will and reputation.
The contesting OP further stated that it is a Consumers Centric Company, which is managed through online web portal i.e. www.makemy trip.com. It provides all the travel related 1st class services and information to its customer but not limited to air ticketing, railway ticketing, bus booking and hotel booking at very competitive prices .
It is further stated by the OP that it acts as merely a facilitator for booking their confirm ticket/ hotel bookings on behalf of its customer with the concerned service provider on receipt of the money from its customer on their request. The OP forwarded the same to concerned airlines/services and upon receiving the confirmation from concerned service provider, the booking I.D. is generated and confirmed booking/details. It is shared with customer.
In its WV, the OP further stated that all the online transactions by the user of the website of the OP are governed by the website’s User Agreement applicable to the intending person to purchase or enquiry for any product and/or services of the OP. The intending person or the OP both are bound by the terms and condition of User Agreement (Annexure-B).
In the instant case, the OP being the facilitator, and the service provider (Air Lines) and the intending traveler (complainant) is under the obligation to provide the confirm ticket to its customers . Once the booking are confirmed by the service provider, the OP shared the same with the intending traveler. So, the OP is not responsible or liable for any deficiency caused on the part of the Airlines. Once the confirm ticket are shared with the customer, the OP is discharged from its obligations and duties qua the said booking. The intending traveler i.e. the complainant after going the details mentioned in the web portal requested the OP for the booking of Airline and OP forwarded the same to service provider. So, being a facilitator OP shall not responsible for any sort of deficiency in service on the part of the Airlines. The complaints being intending traveler have duly consented to the terms and conditions of the OP wherein it is clearly stipulated that the OP shall not been liable on account of any deficiency in service. So, in the instant case the complainant without having any reason and without having any cause of action, they have filed this case with ulterior motive for wrongful gain as there is no cause of action. So, the case is not maintainable and is liable to be dismissed.
It is further stated by the OP that as per the agreement the OP cannot be a party to or control any manner, any transaction between the users and other service providers.
In December, 2017 Air France-KLM combined has signed a pact with Jet Airways. The Pact get Jet Airways access to more than 100 locations in Europe as well as to the US through Air Franc, KLM’s Pact with Delta Airlines (Annexure-“B”).
The OP further stated that if the customer cancelled the booking and requested to refund from the OP , the same will be informed to the service provider and service provider would be held responsible to refund the same. Moreover, the Jet Airlines were temporarily suspended from all its domestic and international operations and the OP are unable to correspond the Jet Airways and retrieve the particulars refund on the complainant’s ticket (Annexure-“E”).
It is also stated by the OP that Jet Airway has been placed into bankruptcy protection, as 01.06.2019 and an Interim Resolution Professional (IRP) has been appointed by India’s National Company Law Tribunal. The OP has filed all details of the customer claim with NCLT as per the prescribed process and any refunds will not get process as per direction of NCLT and it continues to work with Jet Airway to manage the claim process but except the delay given the aforementioned bankruptcy filing.
On such circumstances, it is alleged by the OP that the OP is not at all responsible to refund the amount as claimed by the complainant and there is/was no deficiency in service on the part of the OPs. The refund of money is claimed by the complainant will be satisfied with the Jet Airlines. Hence, the complaint has no cause of action to file the case against the OPs and the same is liable to be dismissed.
In view of the above stated facts and circumstances, the points of consideration are as follows:-
1. Is the case maintainable within the ambit of law?
2. Are complainants a consumer within the ambit of CP Act, 1986?
3. Have the complainants any cause of action to file this case?
4. Is there any deficiency in service on the part of the OP?
5. Are the complainants entitled to get relief as prayed for?
Decision with reasons
All the points of considerations are taken up together for convenience of discussion and to avoid unnecessary repetitions.
On a close scrutiny of materials on record, and position of law as well as facts and circumstances of this case, it is found that the case is well maintainable in respect of jurisdiction both pecuniary and territorial before this forum.
It is the case of the complainants that they have purchased air tickets through the OP ‘make my trip’ for their tour from Delhi to Stockholm during the tour period from 22.05.2019 to 06.06.2019 and as per their request, the OP make my trip purchased the ticket of KLM flight to Stockholm via Amsterdam and returned by Air France. The ticket price was of Rs. 2,06,503/-. It is alleged by the complainants that on or about 21 April, 2019, they were informed by the OP make my trip that the entire ticket was cancelled without assigning the reasons. Therefore, due to sudden cancellation, the complainants have to book the ticket from other airlines at a higher price because hotel booking was confirmed. The complainant on or about 17 August, 2019 demanded the ticket price from the OP through their lawyer dated 22 August, 2019 but the OP only refunded a sum of Rs. 16,920/-. However, the material on record, it appears that on December, 2017 AIR France, KLM combined had signed pact with Jet Airways and suddenly, Jet Air has temporary suspended all its domestic and international operations and thus, the OP is unable to correspond with Jet Airways in respect of refund of the ticket price of the complainant. but from the evidence on record, it appears that which is/was within the knowledge of the complainant that actually they have purchased the air ticket through make my trip from Jet Airways airlines and the refund of the money will be actually made by Jet Airways but surprisingly, in the instant case, Jet airways has not been made a party by the complainants. Actually whose presence is highly required for proper adjudication of this case. Ld. Advocate for the OPs during the course of argument submitted that Jet Airways has been placed into bankruptcy protection as on June , 2019 and Interim Resolution Professional (IRP) has been appointed by India’s National Company Law Tribunal (NCLT). The complainant did not utter any word to that effect rather claimed a sum of Rs. 7,88,344/- from the OP along with interest thereon @ 15 % p.a. but on careful consideration of evidence on record, this forum is of view that actually the refund of the ticket price, if any will be made by Jet Airways airlines. So, without the presence of Jet Airways airlines in this case, the case cannot be adjudicated properly beyond all reasonable doubts.
Under such circumstances, it is the view of this forum that this case is bad for non- joinder of necessary parties and the complainant failed to prove their case by adducing cogent evidence in absence of Jet airways actually from whom they are entitled to get the refund of air ticket price.
Under such circumstances, this forum is opined that though the complainants are consumer but they failed to prove their case beyond all reasonable doubts as they did not make Jet Airways a party in this case which is a necessary party.
Hence, the complainants cannot get any relief in this case against the OP because the deficiency in service has not been proved by them.
The complainants are failed to prove their case beyond all reasonable doubts.
The case is bad for non-joinder of necessary parties and the complainants can not get a any relief as prayed for.
All the points are considered and decided accordingly.
The case is properly stamped.
Hence,
Order
that the case be and the same is dismissed on contest without any cost.
The copy of the judgment be uploaded forthwith on the website of the commission for perusal.
