Chandigarh

DF-II

CC/200/2017

Tanuj Arora - Complainant(s)

Versus

Makemytrip India Pvt. Ltd., - Opp.Party(s)

Satish Kumar Arora Adv.

10 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	200 of 2017
Date  of  Institution	:	1.3.2017
Date   of   Decision	:	10.3.2017

 

 

 

 

 

Tanuj Arora s/o Sh. Satish Kumar Arora permanent r/o flat No.301, GHS-54, Samar Apartments, Sector 20, Panchkula (Haryana).

                …..Complainant

Versus

 

1. Makemytrip India Pvt. Ltd. through its Managing Director, Tower-A, SP Infocity, 243, Udyog Vihar, Phase-I, Gurgaon (Haryana) 122016.
2. Makemytrip India Pvt. Ltd. through its Branch Manager, SCO 43-44, Level-I, Sector 8-C, Madhya Marg, (near KFC)  Chandigarh (UT) 160018.

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

         SH. RAVINDER SINGH             MEMBER

 

 

For complainant(s)      :     Sh. S.K. Arora, Adv.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

     As per the case, the complainant availed honeymoon package tour for Maritius from the OPs for a period of 6 nights and 7 days, starting from December, 9, 2016 to December 15, 2016. The OPs confirmed the booking vide email dated 1.8.2016. As per booking confirmation the OPs company had confirmed stay in Hotel Radisson Blue Poste Lafayette Resorts, Coastal Road, Poste Lafayette, Mauritius for which vouchers were also mailed to the complainant on 26^th November, 2016. The complainant made the entire payment of the honeymoon package in advance.  It is pleaded that on 1.12.2016 the complainant received an email from the OPs company that due to some technical errors the booking at Hotel Raddison blue poste Lafayette got failed and offered one Jalsa Beach Resort as a substitute accommodation, which was not acceptable to the complainant. Thereafter the OPs vide email dated 5.12.2016 suggested an alternative Hotel Palmerai. The complainant left with no other alternative but to accept the offer due to shortage of time.  The grievance of the complainant is that the accommodation provided to the complainant in alternative was of low standard lacking in proper facilities and comforts.  The complainant raised the issue with the OPs but in vain. The complainant served a legal notice dated 30.1.2017 upon the OPs seeking refund of the entire cost but nothing was done by the OPs. Alleging the said act of OPs as deficiency in service, this compliant has been filed.

 

2.     We have heard the learned counsel for the complainant at the preliminary stage and have also gone through record carefully.
3.     In the instant complaint the complainant in the prayer clause has sought refund of the entire amount of Rs.1,51,323/- which he spent on the honeymoon package tour booked through the OPs.       A perusal of the complaint and record as also arguments advanced by the complainant at the preliminary stage, divulge that the complainant had availed and enjoyed the whole tour  though had some grumble against the OPs for which in our opinion he cannot seek refund of the entire amount paid by him for the tour already enjoyed by him, which includes the travelling charges too.  Thus, it is not feasible on the part of the complainant to seek exaggerated relief against the OPs despite the factum that he had already enjoyed the tour. The complainant may have some grouse against the OPs during the tour but it does not mean that he is entitled for refund of the entire amount paid by him for the tour.
4.     In view of the above, discussion we are of the considered view that it will meet the end of justice if we return the complaint in original to the complainant with liberty to file the same with better particulars and appropriate reliefs.
5.     Accordingly, it is ordered that the complaint be returned to the complainant in original after retaining a photo copy of the entire complaint and documents attached thereto against valid receipt with liberty to file the same with better particulars and appropriate reliefs.
6.     The Registry of this Forum is directed to return all the three copy of the complaint in original to the complainant against valid and proper receipt after retaining a complete photo copy of the complaint alongwith documents attached therewith.
7.     The complaint is disposed of accordingly.           
8.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

10.3.2017

                                                                                       Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER