Delhi

West Delhi

CC/15/644

SHRI DEVDAS - Complainant(s)

Versus

MAKE MY TRIP - Opp.Party(s)

27 Aug 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO. 644/15

Sh. Devdas Rao   R/o  220 A, MIG Flats,           Rajouri Garden    NewDelhi-110027                                               …….. Complainant

VERSUS

Make My Trip  Pvt. Ltd.      ( Through Managing  Director)    UG-7 , Upper Ground Floor,   TDI Mall, 11, Shivaji  Place Complex           Rajouri Gardern, New Delhi     New Delhi-110027.                                                     ....…. Opposite Party

       

 O R D E R

 

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under

section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant  had booked  a Spice Jet  Flight  from  Delhi to Manglore  scheduled to fly on 31.12.2014 costing Rs. 18,210/-, however, complainant received  a message from  Spice  Jet that the flight has been cancelled  and thereafter on 18.02.2015  he received  an e-mail  from Spice Jet that full refund of cancelled flight  has been paid to OP. The OP sent a message to complainant on 03.03.2015 assuring him of the refund .  However, the complainant did not receive  any refund  as promised by spice jet and OP  from 03.03.2015 till 06.09.2015 and that both OPs  have been misleading he complainant by imparting incorporate  and false information and payment details.  The complainant  has been  visiting  OP  office  time and again asking for refund amount but it did not yield  any result.  It has been further stated  by the complainant that ultimately the amount was credited in his account on 07.09.2015 after undue delay and a lot of emotional and physical  agony.  The OP  has committed unfair trade practice  by first giving  him a confirmed ticket for flight which was cancelled  causing  him great inconvenience. The complainant sent a  notice to the OP to settle the matter. The OP did not pay any heed. Complainant therefore has prayed for compensation of Rs. 2,00,000/- for causing inconvenience  ,loss , mental harassment  and Rs. 20,000/- toward travel and medical expense  with  interest of 12% p.a. 

2.     OP  filed  written  statement  by  taking  preliminary  objection  that

complaint does not show any cause of action and has been filed  on mere conjecture and surmises.  The complaint is bad for misjoinder of OP because OP -1 was simply acting as facilitator  for booking of confirmed ticket to the complainant but had not role to play in the entire process  relating to issuance  of booking ticket by airline company, therefore, actual dispute  was between complainant  and Spice Jet Airline Company. On merits OP-categorically admitted the booking of air ticket with Spice Jet Airline for complainant  for the flight scheduled  on 13.12.2014 from Delhi to Manglore.   The OP  being a booking agent  had issued the confirmed air ticket which was subsequently cancelled by the airline upon which OP-1 had no control.   

3.     Complainant has filed his affidavit in evidence testifying all the facts stated in the complaint. On the other hand Sh. Saurabh Taneja Deputy Manager Legal filed affidavit in evidence on behalf of O.P.  Written submissions have also been filed by both the parties.

4.     We have heard Counsel for parties and perused the record.

5.     The controversy involved in present case is as to whether the complainant is entitled to the compensation sought in the present complaint.  The factual position is not in dispute.  The OP  has  categorically  admitted in the written  statement  that  it got  air ticket  booked for complainant from Delhi to  Manglore scheduled   for  31.12.2014.   It is also  admitted case of  the  parties  that the  refunded amount  was first  sent to OP by airlines which was subsequently  credited  by OP  in the bank  account of complainant therefore, the OP  cannot  wriggle out of this situation. The OP,  in fact,  acted being the face of Spice  Jet  Airline and no direct transaction between  complainant and Spice Jet Airline took place.  The record indicates that Spice Jet Airline, vide e-mail  dated  18.02.2015  had informed  the complainant   that  full amount has  been paid to OP  for his ticket refund  of cancelled  flight.  But the  said refund amount  was refunded to the complainant  by OP only on 07.09.2015 , therefore,  there was clear cut  delay of about six months for which OP utilising  the money  of the complainant without any valid justification  and thus  committed  deficiency  in service.  Though complainant has been  successful  in retrieving his amount but he  needs to be reasonably compensated  for delayed refund by OP.

6.     Keeping in view  the discussion and circumstances of the case it would meet the ends of justice if the complainant is awarded a sum of                       Rs. 10,000/- towards mental harassment  and  litigation charges against  OP Make My Trip Pvt. Ltd.   

Copy of this order be sent to the parties as per rules.

   File be consigned to the record room. 

  Announced this_27^th __  ___ day of __August_______ 2018.

 

                                                                                                                       ( K.S. MOHI )                                                    (PUNEET LAMBA)                                                            PRESIDENT                                        

                           MEMBER