Chandigarh

DF-II

CC/56/2019

Gurkirat Kirpal Singh - Complainant(s)

Versus

Makemytrip Ltd. - Opp.Party(s)

Sourabh Goel Adv. & Sanjeev K. Uppal Adv.

05 May 2021

ORDER

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

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Consumer Complaint  No	:	56 of 2019
Date  of  Institution	:	04.02.2019
Date   of   Decision	:	05.05.2021

 

 

 

 

Gurkirat Kirpal Singh s/o Sh.Kirpal Singh, Resident of House No.195, Sector 16-A, Chandigarh.

             …..Complainant

Versus

1]  Makemytrip Ltd.,SCO No.169-170, Madhya Marg, Sector 8-C, Chandigarh 160008 through its Chief Executive Officer

    Alternative Address: 

19^th Tower A, B, C, Building No.5, DLF Cyber City, DLF Phase-III, Gurugram 122002

2]  Chief Executive Officer, Makemytrip Ltd., having registered address at B-36, 1^st Floor, PUSA Road, New Delhi 110005

    Alternative Address: 

19^th Tower A, B, C, Building No.5, DLF Cyber City, DLF Phase-III, Gurugram 122002

    ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SH.B.M.SHARMA                     MEMBER 

                   SMT.PRITI MALHOTRA             MEMBER

                                                               

 

 

Argued by :-  Sh.Sourabh Goel, Adv. for complainant.

 Sh.Harshvardhan, Adv. for OPs

 

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant on 18.10.2018 booked Air Tickets, from the website of OP No.1, for the journey to be undertaken by him from Lisbon to Delhi via Vienna commencing on 2.11.2018 and arriving on 3.11.2018 on making payment of Rs.1,38,916/- and the said booking was confirmed by OPs vide Ann.C-1.  The complainant also booked air-ticket for connecting journey from Delhi to Chandigarh on 3.11.2018 through OPs on making payment of 3012/- and it was confirmed by them vide  Ann.C-2.

         It is stated that when the complainant reached the Airport at Lisbon to board the Flight against the air-ticket booked through OPs (Ann.C-1), he was shocked to know that the said ticket was already cancelled by the Airlines on that very day of booking.  However, the OPs did not inform the cancellation of said air-tickets to the complainant.  As a result, the complainant, having no option and under compelling circumstances, had to get another ticket booked through travel agent –Sharma Travels, Jalandhar City, for journey from Lisbon to Delhi vide Ann.C-3 of Emirate Airlines by paying extra amount of Rs.1,90,000/- (Ann.C-4).  It is also submitted that due to cancellation of air tickets so booked by OPs (Ann.C-1), the complainant could not board the flight from Delhi to Chandigarh schedule to depart from Delhi at 13:35 hrs on 2.11.2018 and had to travel by car.

         It is pleaded that the matter was reported to the OPs on 2.11.2018, but they did nothing.  It is also pleaded that when the air ticket Ann.C-1 was cancelled on the day of booking i.e. 18.10.2018 itself, the OPs were to inform the same to the complainant and also to refund the air-ticket amount, but they did not do so.  It is further pleaded that the OPs only refunded an amount of Rs.1,38,916/- in the credit card of the complainant on 17.12.2018, whereas the complainant had already cleared the credit card dues by premature encashment of FDs.  However, the OPs did not refunded the amount of Rs.3012/- for the air-ticket Ann.C-2 booked through them for the journey Delhi to Chandigarh which could not be undertaken due to cancellation of air ticket Ann.C-1.  It is stated that the OPs also did not compensate the complainant for the expenses incurred by him for the local travel made by him at Lisbon for booking another flight as well having meal, apart from wasting his precious time, causing mental & physical harassment & sufferance due to their deficiency of service and failure to inform the complainant in time. Alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice, hence this complaint has been filed. 

 

2]       The OPs No.1 & 2 have filed joint reply and while admitting the factual matrix of the case, stated that the OPs were merely the facilitator for booking the confirmed tickets for the complainant and as such had limited liability of processing requisite refund, in case the tickets are cancelled by the airlines at their end.  It is stated that the tickets are only issued once the same are confirmed by concerned Airlines and in the present case as well, the Airlines via it server Amadeus, confirmed and issued the ticket with PNR No.Z2RY5 to the complainant.  However, the tickets issued by the said airlines were later on cancelled due to non-availability of the seat on the flight.  It is submitted that the Amadeus on behalf of concerned Airlines in its mail dated 10.1.2019 clearly admitted that the tickets were wrongly confirmed and issued by the Airlines.  Furthermore, the OPs have sent the SMS for cancellation of the tickets on the mobile number of complainant. It is also submitted that the OPs have processed the full refund for international booking from Lisbon to Delhi of Rs.1,38,916/- on 17.12.2018 and as per refund policy, the amount has been refunded/credited to the same account or a card from where the payment was made.  It is pleaded that the OPs as a gesture of goodwill offered the future travel voucher worth Rs.3000/- to the complainant, which was denied by him in lieu of flight from Delhi to Chandigarh.  It is also pleaded that it is the responsibility of the Airline itself to inform a customer about the cancellation of the ticket as in the present case and the OPs being facilitator sent a SMS to the complainant on 19.10.2018. Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint. 

 

3]       Parties led evidence in support of their contention.

 

4]       We have heard the ld.Counsel for the parties and have gone through entire documents on record.

 

5]       The perusal of the record reveals that complainant has already been refunded an amount of Rs.1,38,916/-, but has not been refunded the air-ticket amount of Rs.3012/- for the journey from Delhi to Chandigarh which could not been undertaken due to cancellation of air-ticket, expenses incurred by him for local travel at Lisbon. The complainant had suffered harassment due to deficient act of OPs. We are of the opinion that the burden and harassment so caused to the complainant was due to the deficiency in service on the part of OP, so the complainant deserves to be compensated.   

 

6]       From the above facts & circumstances of the case as well as discussion, the deficiency in service on the part of OPs has been proved. Therefore, the present complaint is allowed against the Opposite parties with following direction:-

 

a)  To refund an amount of Rs.3012/- to the complainant being the cost of air-ticket (Ann.C-2);

 

b)  To pay a lumpsum amount of Rs.20,000/- to the complainant towards compensation for the harassment suffered by him due to deficient services rendered by them, as well as litigation expenses.

 

          This order shall be complied with by the OPs within 30 days from the date of receipt of its certified copy, failing which, they shall also be liable to pay additional cost of Rs.5000/- apart from the above relief.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                             

5^th May, 2021                                                           sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER