Delhi

East Delhi

CC/206/2018

SUMAN VERMA - Complainant(s)

Versus

MAKE MY TRIP - Opp.Party(s)

30 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 206/2018

	MS. SUMAN VERMA W/O SH. MANOJ VERMA R/O A-62, CHANDER VIHAR, OPP. MAITRI APARTMENT, I.P. EXTN. DELHI-110092	….Complainant
Versus
	THE C.E.O., MAKE MY TRIP PVT. LTD. F-26, FIRST FLOOR, INNER CIRCLE, CONNAUGHT PLACE, (LANDMARK-OPP. PALIKA BAZAR), NEW DELHI - 110001	……OP

 

Date of Institution: 06.07.2018

Judgment Reserved on: 13.07.2022

Judgment Passed on: 30.07.2022

CORUM:

Sh. S.S. Malhotra (President)

Ms. Ritu Garodia (Member) – on leave

Sh. Ravi Kumar (Member)

 

Order By: Shri S.S. Malhotra (President)

 

JUDGEMENT

1. By this order I shall dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency in not providing the confirmed air ticket by the OP to the Complainant. 
2. Brief facts as stated by the Complainant in the complaint are that she booked 04 Air Tickets of Go Air Airlines for flight No. G8150 from Patna to Delhi for the date 11.09.2017 for a total sum of Rs. 13,004/- and made the payment to the OP through debit card of the Axis Bank and she received the confirmation acknowledgement of the Ticket on E-mail by the OP on 09.09.2017 along with E-ticket invoice and PNR.  However, when she with her family reached Patna Airport on 11.09.2017 the duty officer of the Airline revealed that the said confirmed ticket have been cancelled and on futher enquiry it was informed that the tickets have been cancelled due to non payment of the charges to the Airline by the OP.  The Complainant felt very helpless and requested many times to OP to do the needful but of no consequence and the Complainant ultimately under compelled circumstances had to purchase 04 new tickets of the same Airline for an amount of Rs. 29,552/- and came to Delhi.  The non-payment of the charges of the ticket by OP to the Airline despite having received from the Complainant is alleged to be deficiency in service by the OP and not only this the OP despite various request did not return the amount so spent by her while coming back from Patna to Delhi i.e.Rs.29,552/- and had only refunded an amount of Rs.13,004/- and after serving legal notice, She has filed the present case and accordingly claimed Rs.16,548/- along with compensation of Rs.1,00,000/- and litigation charges Rs.55,000/-.
3. The OP has filed its written statement and after taking so many objection with respect to maintainability of the present complaint it is inter alia stated that the present complaint has been filed to gain undue advantage of the technical mistake of the OP and it has submitted that the OP had just acted as a facilitator for booking Airline tickets for the complainant and other 03 passengers from Patna to New Delhi and he had confirmed the booking ID to the Complainant after receiving the money, however the process for transferring the payment to the Airline towards the confirmed Air Tickets could not be completed due to some technical problem at the end of OP, which was outside the human control and mainly for this reason the Airline cancelled the confirmed tickets issued to the complainant and since the failure of payment was not  in the knowledge of OP but as soon as he realized the cancellation of Air Tickets by the Airline, the OP immediately processed the refund process and returned back this amount to the complainant and in fact had returned the booking amount of 13,004/- on 20.11.2017 itself without any further delay, and as such there is no deficiency in service.  Not only this the OP without prejudice to his rights and only for having a customer centering approach, is willing to pay additional some of Rs.8000/- to the Complainant to avoid unnecessary litigation and in view of that it is submitted that the present complaint is without any cause of action nor the OP is guilty to any fraudulent trade practice and therefore it is prayed that the case of the complainant is dismissed. 
4. The Complainant has filed its evidence: The ticket is exhibited as CW-1/1. The copy of the same is is exhibited as CW-1/2 (Colly). The copy of the said ticket is exhibited as CW-1/3 (Colly).  Notice along with Register –AD receipt, is Exhibited as CW-1/4 (Colly). The refund intimation dated 01-10-2017 is exhibited as CW-1/5 (Colly).
5. The OP has filed its evidence and has exhibit copy of Board Resolution dated 26 December, 2016 as EX.OPW1/A, the copy of the Terms and Conditions as applicable and agreed between the parties as EX.OPW1/B.
6. I have heard arguments and perused the record.  The issue is in narrow compass.  The admitted facts are that tickets were booked, payment of Rs.13,004/- was made by the complainant, confirm tickets was given by the OP to the Complainant, OP could not, for some reason make the payment to the Airlines and the Airline consequently cancelled the ticket and further the complainant was compelled to purchase a ticket for Rs. 29,552/- to travel back to Delhi and above all the amount of Rs. 13004/- has already been refunded to the Complainant by the OP. 
7. The matter meanwhile was fixed for settlement also but somehow the matter could not be settled and as such the matter is being disposed off. 
8. The deficiency on the part of OP may not be intentional but is admitted on the face of it.  It cannot be believed that after having received the amount from the complainant, the OP could not transfer the amount to the Airlines on account of technical reason.  The Complainant had made payment on 23.08.2017 and his travel date was 11.09.2017 i.e. more than 15 days after the booking of the ticket.  It cannot be believed that OP was not aware of having not made the payment to the Airline and even if his contention that the amount could not be transferred on account of technical issues, he could have made another attempt to make the payment to the Airlines well in time.  The deficiency therefore on the part of OP is writ Large.  Simultaneously, the Commission is also of the opinion that the complainant has suffered pecuniary loss of more than Rs.16,000/- out of which OP is ready to refund Rs.8000/- only.  Therefore, no bonafide can be attributed on the part of OP, and the complainant at all is not at fault.  If she had to purchase ticket for about Rs. 29,552/- on the spot it is her personal loss that too after reaching the Airport.  Therefore, despite there being some bonfaide on the part of OP, no fault can be found with the complainant.   
9. The Commission accordingly hereby holds that there is the deficiency in service on the part of OP and orders as follows:

1. To refund Rs. 16,548/- with interest @ 9% p.a. from the date of purchase the ticket i.e. 11.09.2017 till actual payment, and also to pay Rs. 10,000/- as consolidated amount towards Mental Pain, Agony and sufferings and litigation expenses. 

This order be complied with within 30 days from the date of receipt of the order.

3. opy of the Order be supplied/sent to the Parties free of cost as per rules.

File be consigned to Record Room.

Announced on 30.07.2022

DELHI

(On leave) (Ritu Garodia) Member

(Ravi Kumar) Member

(S.S. Malhotra) President