Delhi

West Delhi

CC/14/753

Surender Singh - Complainant(s)

Versus

MAke My Trip - Opp.Party(s)

12 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST).

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

CASE NO. 753/2014

Sh. Surender Singh Dagar,

R/o C-557, Vikas Puri,

New Delhi-110018                                                           ..…. Complainant

VERSUS

M/s Make My Trip (India) Pvt. Ltd.

UG-07, Front Side,

TDI Shopping Mall

Rajouri Garden

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 complainant and other three members of his family had booked with Opposite Party a North East Delux  Package  after  negotiations  with its Executive  Mr. Rakesh  Sharma  the package was described as “North  East Delight  with Lachung” the  package was negotiated at the rate of Rs.29,500/- ( Rupees Twenty Nine  Thousand Five Hundred only )   per  person.  According the itinerary of package the OP was as under:-

1. Return trip flight from Delhi to Bagdogra including airport transfer  in economy class.
2. Accommodation with MAP (Modified American Plan) in 3 star hotels for six nights and seven days.  MAP included 6 breakfast, 1 lunch at Lachung and 6 dinners. The rooms were to be provided on twin sharing basis. 
3. The intercity transport and local sight -seeing by air conditioned   luxury vehicle. It was agreed that for 4 persons in exclusive luxury vehicle will be provided. 
4. The itinerary included from Delhi to Gangtok with 3 nights stay at Gangtok, Gangtok to Lachung for 1 night stay and to Darjeeling for 2 nights and then back to Delhi.

The complainant further alleged that on May 20,2014he alongwithhis family members received the voucher , it was very shockingthat the OPbooked hopping flightwhereas in thepackage there wasno mentionthat OPwould be providing hopping flight and made twohours journey to more than four hour journeythereby wastingthe valuabletime of thecomplainant.It is further alleged by complainant that on arrival at Bagdograrairport , the vehicleprovidedby OP was very old, making full of noise and was not as per terms and conditions of the agreement. The complainant further submitted that as per vouchers three days stay at Gangtok , OPhas bookedtwodays at Central Hotel, Gangtok and one dayat Summit Ttakshang ResidencyHotel.The complainantand his family membersasked OP toconfirm vehiclefor journey to Lachaungon 24.05.2014but the vehiclefailed to arrive, as a resultthe complainant and his family members failed to go to Lachaung and alsoon way site-seeinghave been spoiled. Even at Darjleeingthe hotel booked by OPfor complainant was 20 km. away from Darjeeling. Thedriver of vehicle refused to take them to “JagjeetHotel”. This causedmental agony to the complainanton account of aforesaid deficiencyin servicethe complainanthas sought the refund of Rs. 1,18,000/-and compensation for harassment, mental agony and litigation expenses.

2.     OP filed reply by taking preliminary objection that OP being the booking facilitator duly discharged its limited liability inter-alia by arranging the trip in question for complainant.  On merits it has been admitted that complainant had booked trip with OP for which OP charged 29,500/-  per person. It is further submitted the OP  nowhere stated that flight tickets arranged by OP would    not be hopping flight also the complainant have not supported the alleged deficiency  on part of the OP by  any cogent  proof.  The hotel arranged by OP at Gangtok and Darjleeing as per web-site were three star property.  Therefore, the complaint of the complainant deserves dismissal.

3.     Complainant has filed his affidavit affirming the facts alleged in the complaint. He mentioned documents in support of his evidence Ex CW 1/1 to Ex CW 1/10.   On the other hand Shri Saurabh Taneja, Deputy Manager- Legal & Authorised Officer filed affidavit in evidence on behalf of O.P testifying all the facts as stated in the written statement.  Both parties also filed its respective written submission. 

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

5.     It is not in dispute that complainant had booked tour with OP  for a total sum of Rs. 1,18,000/-. The complainant has alleged deficiency on part of the OP detailed  in para 6 to 16 of complaint. However,  OP has replied para 6 to 15 with specifically denying quantum to deficiency  alleged by complainant in the complaint.   It is now well settled law that if any allegation in the complaint is not specifically denied it shall be deemed to be admitted by the opposite party .  The OP has not clearly denied as to why 2 nights instead of 3 nights stay at Gangtok was booked.  The OP has not explained the allegation of spoiling the tour of  complainant with regard to the visit to Lachung. Similarly the other deficiency pointed out by the complainant in the complaint  has not been satisfactorily  explained  in the written statement  of OP, therefore, we conclude  that more or less it appears  to be  a case of  admission on part of the OP.   However, otherwise  if we  glance at the itinerary it stands substantiated that OP  committed deficiency in providing service to complainant.  It is true that if a family plans a tour it goes out with all the hope of ample excitement, ecstasy  and fun on the trip and when the agreed facilities /services are not provided by the tour operator  as being done by OP in the present case  the whole enjoyment  crumbles comes to the ground.

7.     Keeping in view the discussion stated above  we  allow the complaint . In order to meet the ends of the justice we award a sum of Rs. 75,000/- as compensation for harassment, mental agony and litigation expenses.

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

File be consigned to the record room. 

 

Announced this__12TH____ day of __April _____ 2019.

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                     

PRESIDENT                                                              MEMBER