| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM FATEHGARH SAHIB Consumer Complaint No. 1 of 2019 Date of institution : 11.01.2019 Date of decision : 13.05.2019 Kumar Gaurav aged about 39 years son of Sham Sunder, Resident of Ward No.9, Khamanon, Tehsil Khamanon, District Fatehgarh Sahib. ……..Complainant Versus - MakeMy Trip (India) Private Limited, having its office at 18th Floor – Tower A, B and 19th Floor, Tower A.B.C. Building No.5, DLF Cyber City, DLF Phase III, Gurgaon, Haryana, 122002, through its Authorized Signatory.
- MakeMy Trip (India) Private Limited, having its registered Office at UG-07, Front Side, TDI Shopping Mall, Rajouri Garden, New Delhi – 110027, through its authorized Signatory/Chairman.
…..Opposite Parties Complaint Under Section 12 of the Consumer Protection Act 1986. Quorum Sh. Kuljit Singh, President Sh. Inder Jit, Member Present : Sh.Mohit Verma, Advocate counsel for the complainant. Sh.Amit Gupta, Adv. counsel for OP No. 1&2. ORDER By Kuljit Singh, President - Complainant – Kumar Gaurav has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
- On 12.06.2018, complainant by using his email I.D. booked tickets of Flight from Chandigarh to Bangkok for 19.10.2018 and return flight from Bangkok to Chandigarh for 24.10.2018 vide Booking ID No.NN2269721353109 and paid total amount of Rs.17,473/- on 12.06.2018. On 09.10.2018, one friend of complainant namely Gurkirat Singh also got ready to go with complainant to Bangkok. Complainant tried to book flights from Chandigarh to Bangkok and return flight for his friend also but it was informed to complainant that now there is no flight from Chandigarh to Bangkok and also no flight from Bangkok to Chandigarh. At that time, complainant also verified the status of his said tickets/flights, but the concerned official telephonically informed the complainant that flights have been cancelled and the entire amount as paid by complainant will be returned to him. Despite many requests, no amount has been paid to complainant. Even, complainant was not intimated by OPs regarding above said cancellation of flights from Chandigarh to Bangkok and return flight from Bangkok to Chandigarh. Therefore, complainant had to purchase ticket from Delhi to Bangkok on 09.10.2018 and paid Rs.21783/-. The complainant also had to pay taxi charges for the purpose of travel from Khamanon to Delhi and from Delhi to Khamanon which came out to be Rs.6,000/-. It has been prayed that OPs be directed to refund Rs.17473/- as paid by complainant for booking of flights alongwith interest @ 24% per annum and also to pay Rs.50,000/- as compensation for harassment.
- Notice of complaint was issued to OPs. OP No.1&2 appeared and contested the complaint, and raised certain preliminary objections that complainant has filed present frivolous complaint against OPs without any basis; it is admitted by the OPs that complainant booked Air ticket on 12.06.2018 to fly on 19.10.2019 from Chandigarh to Bangkok and return flight from Bangkok to Chandigarh for 24.10.2018 and paid Rs.17473/-. It is also admitted by the OPs that tickets were booked through online website of OPs. OPs further submitted that vide email dated 06.10.2018, it was clearly informed by OPs that concerned airline has rescheduled the flight booked by complainant; the dispute is between the complainant and concerned Airlines i.e. Air India, which has not been impleaded as opposite party and answering OPs are in no manner responsible for any change in timing of flight or cancellation of flight or denial to refund by concerned Airlines; the concerned representative of OPs had clearly informed the complainant that he is eligible for full refund upon cancellation of the said flight booking. Ops further informed that complainant did not give his assent to cancel the flight booking and processing of full refund. The Ops informed that they have already processed full refund paid by complainant for flight booking and hence there is no deficiency on the part of OPs. On merits, all the averments of complaint are denied and prayed for dismissal of complainant.
- In order to prove the case, the parties have tendered their respective documents and closed the evidence.
- We have heard learned counsel for the parties and have also examined the record of the case very carefully.
- The complainant purchased airlines tickets or its booking is not in dispute. The booking of airlines tickets is admitted as per Ex.C-2 to Ex.C5. The main controversy in the case in-hand is that the OPs have not intimated the complainant regarding cancellation of flight from Chandigarh to Bangkok and vice versa etc. As per Ex.OP1/2, the OPs have intimated the complainant on 21.10.2018 that he has “not boarded the flight for 19 October”, which is clearly proves that the complainant has not boarded the said flight. In this situation, the complainant has booked another ticket of flight from Delhi to Bangkok and Bangkok to Delhi as Ex.C-4 and paid Rs.21603/-. Had the Ops wanted to oblige the complainant, the Ops could have adjusted the amount of previous tickets in the payable amount against the new tickets purchased for flight from Delhi to Bangkok etc which has not been done by the OPs. In this way, the complainant has paid excess amount for purchase of tickets of flight instantly to proceed for its travel from Delhi to Bangkok etc. The Ops have failed to intimate immediately to the complainant about cancellation of his previously booked flight. As such, the OPs are deficient in providing proper service to complainant. The Ops are liable to pay to complainant the relief as prayed for.
- Sequel to the above discussion, the present complaint is partly allowed and the Ops are directed to refund the entire amount Rs.17473/-received from complainant qua the booking of said air tickets alongwith interest @9% per annum from the date of purchase of tickets till realization. If any amount has already been paid to complainant, the same be adjusted. Further, the OPs are directed to pay Rs.5,000/- to the complainant as compensation for harassment.
- Arguments were heard on 6.5.2019 and the order was reserved.
- Entire compliance of above said order be made within a period of 30 days from the date of receipt of certified copy of this Order.
- Copy of order be sent to the parties free of cost and thereafter the file be consigned to record room
Pronounced: 13.05.2019 (Kuljit Singh) President (Inderjit) Member | |
