Chandigarh

DF-II

CC/367/2020

Harish Mehta - Complainant(s)

Versus

MakeMyTrip India Pvt. Ltd. - Opp.Party(s)

Updip Singh

08 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

Harish Mehta, s/o Sh. Kishore Singh Mehta, r/o # 135/1, 1" Floor, Sector 45-A, Chandigarh 160047. Bank details: State Bank of India, A/c No.00000034259844970, Attawa Branch, IFSC Code: SBIN0003936.

….Complainant

Versus

1. MakeMyTrip India Pvt. Ltd., DLF Building No. 5 Tower B DLF Cyber City, DLF Phase 2 Sector 25, Gurugram, Haryana 122002, through its Chairman/ Managing Director/ Director/ Authorized Person. Email id:  

2. Go Airlines (India) Ltd. 1st Floor, C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai 400025, through its Chairman/ Managing Director/ Director/Authorized Person.  Email id: feedback@goair.in

3. InterGlobe Aviation (IndiGo), Level Business Park, Mehrauli-Gurgaon Road, 1, Tower C, Global Gurgaon 122002, Haryana, through its Chairman/ Managing Director/ Director/ Authorized Person.

Email - customer.relations@goindigo.in

…. Opposite Parties.

PER PRITI MALHOTRA, PRESIDING MEMBER

1.     Briefly stated, the facts of case as alleged by the complainant are that OP No.1 claims to be number one travel website of the country and advertises that it offers packages etc. It has further been averred that his family planned the wedding ceremony of his nephew namely Mr.Hitesh at Nagpur, Maharashtra followed by a reception ceremony at Chandigarh in the month of April, 2020. Being allured by the assurances, the complainant booked   flight tickets of OPs No.2 and 3 through OP No.1’s website on 05.01.2020 for a total consideration of Rs.91,087/- for New Delhi to Nagpur for 11.04.2020 and Nagpur to Delhi for 14.04.2020 as per the detailed mentioned in para 2 of the complaint.  Due to widespread of Covid-19 pandemic worldwide, the Ministry of Civil Aviation, Govt. of India issued instructions from time to time to all the airlines operating domestically and internationally to stop operating the flights till further orders and as such the wedding ceremony of the complainant’s nephew was postponed. It has further been averred that since the flights were not operating for the booked dates, he requested the OPs to refund the booking amount of the tickets but to no effect.  He lodged a formal complaint before the Directorate General of Civil Aviation (DGCA) at their Covid -19 Grievance Redressal portion “CPGRAMS” against the OPs for indulging into unfair trade practice who sent an e-mail dated 01.07.2020 to the OPs to resolve the dispute. In response to the same, the complainant received an e-mail dated 04.07.2020 from OP No.3 stating that, they have already processed full refund of the tickets in OP No.1’s account being the travel agent.  However, OP No.1 refused to release the amount refunded by OP No.3 in favour of the complainant without any rhyme or reason.  On the other hand, OP No.2 flatly refused to refund the booking amount of the air tickets and offered credit vouchers for booking future tickets upto 31.05.2021. He alleged to have sent numerous letters for refund of the booking amount of the air tickets but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint. 
2.     In its written statement, OP No.1 while admitting the factual matrix of the case has pleaded that at the time of booking the tickets on the website, the complainant has duly agreed with the terms and conditions stipulated in the User Agreement.  It has further been pleaded that after issuance of the confirmed tickets, they have been discharged from their duties and obligations qua the complainant.  At the time of booking the tickets, the complainant has duly agreed to its cancellation /refund policy as well as the concerned airlines.  It has further been averred that in pursuance to the judgment of the Hon'ble Supreme Court of India dated 01.10.2020, the Director General of Civil Aviation issued a circular dated 07.10.2020 whereby directions were issued to the airlines to strictly follow the aforesaid judgment. It has further been pleaded that the case of the complainant falls under category No.2 and they processed full refund to the complainant pertaining to the tickets of OP No.3 in the source account amounting to Rs.40,264/- through various refund references. They have also approached OP No.2 for refund which directed them to issue credit shell worth Rs.50,823/- i.e. the equal amount of the booking to the complainant and they accordingly processed the credit shell.  The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.     In its written statement, OP No.2 has stated that the complainant had booked 14 tickets through OP No.1 for New Delhi to Nagpur for travel on 11.04.2020 by paying Rs.43,958/- and in pursuance of the directions of the Hon'ble Supreme Court of India in the judgment dated 01.10.2020, it had refunded Rs.43,958/- to the source of payment i.e. OP No.1 on 11.12.2020. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
4.     In its written statement, OP No.3 took inter alia various preliminary objections. On merits, it has been submitted that the relief claimed by the complainant is only against the third party i.e. OP No.1 and not against InterGlobe Aviation Ltd.  It has already refunded the complete booking amount of Rs.40,264/-  of 5 PNRs booked by the complainant on 05.01.2020 for travel on 14.04.2020 from Nagpur to New Delhi on board Indigo Flight No.6E-2018, on 22.03.2020 to the account of third party –Travel Agent which fact has also been admitted by the complainant.  It has further been submitted that OP No.1 is in strict compliance of the law and the contract between the complainant and OP No.1 and the complainant has failed to prove or even identify any case of lack of deficiency on the part of the OP No.3.  It has further been submitted that despite having no obligation, but out of goodwill gesture, they contacted the OP No.1 to enquire the status of refund and wrote various e-mails in this regard to confirm the status of the refund. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
5.     The complainant filed separate rejoinders to the written reply of OPs No.1 and 3 controverting their stand and reiterating his own.
6.     We have heard the Counsel for the parties  and have gone through the documents on record as well as the written submissions of the complainant, OPs No.1 and 3.
7.     It is a matter of record that the complainant had booked the air tickets of OPs No.2 and 3 flight through OP No.1’s website on 05.01.2020 for a total consideration of Rs.91,087/- for New Delhi to Nagpur scheduled for 11.04.2020 and Nagpur to Delhi, scheduled for 14.04.2020 as per the detailed mentioned in para 2 of the complaint on account of the wedding ceremony of his nephew namely Mr.Hitesh at Nagpur, Mahrashtra. Admittedly, in the light of the outbreak of the Covid-19 pandemic, the Directorate General of Civil Aviation (DGCA) vide circular dated 23.03.2020 ceased the operation of all the scheduled domestic flights w.e.f. 24.03.2020.
8.     The grouse of the complainant is that due to Covid-19, the operation of the international as well as domestic flight was suspended and as such he was entitled to full booking amount of the air tickets.   However, the OPs have refunded a sum of Rs.40,264/- through various refund references and issued a credit shell for the remaining amount of the air tickets i.e. Rs.50,823/- to him only after the filing of the complaint  and as such he is entitled to compensation for physical harassment as well as mental agony besides litigation expenses.
9.     The perusal of the record shows that the amount of Rs.40,264/- has been credited by OP No.3 to the account of OP No.1 on 22.03.2020 as is evident from Annexure R-6 (Colly.), but OP No.1 credited the said amount to the complainant’s account after retaining the same with it for considerable period without any rhyme or reason.  Likewise, instead of refunding the principal amount of the air tickets to the complainant, OP No.2 through OP No.1 had issued the credit shell of Rs.50,823/- for the remaining amount in favour of the complainant without seeking his option as to whether the said credit shell is acceptable to him or not, especially when it is not advisable to travel during the period of covid-19 pandemic.   In view of the aforesaid circumstances, we are of the considered view that the complainant has certainly suffered physical harassment and mental agony due to the aforesaid acts of omission and commission of OPs No.1 and 2 for which he is certainly liable to be compensated.
10.     In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed qua OPs No.1 and 2. They are directed to pay compository compensation in the sum of Rs.15,000/- to the complainant on account of  physical harassment and mental agony as well as litigation expenses.
11.     This order be complied with by OPs No.1 and 2 within 45 days from the date of receipt of its certified copy, failing which the OPs shall pay an additional amount of Rs.5,000/- to the complainant, apart from the above reliefs.
12.     The complaint qua OP No.3 stands dismissed as the complainant has failed to prove any deficiency in service on its part.
13.     The remaining application, if any, stands disposed of accordingly.
14.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.