Haryana

Ambala

CC/181/2016

Mr. Karun Veer - Complainant(s)

Versus

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

Amarjot

15 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                                          Complaint case no.        : 181 of 2016.

                                                          Date of Institution         : 07.04.2016.

                                                          Date of decision   : 15.02.2018.

 

1.Mr.Karun Veer s/o Shri Uday Veer Singh r/o House No.124, Lal Kurti Bazaar Ambala Cantt, Haryana, 133001.                                                                  2.Ms.Anju Sarwa w/o Mr.Karun Veer r/o House No.124, Lal Kurti Bazaar Ambala Cantt, Haryana. 133001.

……. Complainant.

                                  Versus

 

1.Makemytrip (India) Pvt. Ltd. tower ‘A’ SP Infocity 243, Udyog Vihar,Phase-1, Gurgaon, Haryana, 122016.

2.Makemytrip (India) Pvt.Ltd. Prem Nagar, Ambala City (GIVEN UP ON 24.05.2016)

3.Mr.Deep Kalra, Whole Time Director of Makemytrip (India) Pvt. Ltd. r/o J-6/11A, DLF Phase II, Gurgaon, 122001, Haryana India.

4.Mr.Rajesh Magow, Director of Makemytrip (India) Pvt. Ltd. r/o 903, Ground Floor, Nav Sansad Vihar, Plot No.4, Sector 22, Dwarka Phase I, New Delhi, 110075, India.

5.Mr.Piyush Dhingra (Visa Agent of Respondent No.1), Registered Office UG-7 (Front Side), TDI Mall Rajouri Garden, New Delhi 110027, India.

 

….….Opposite parties.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                   

                   MS. ANAMIKA GUPTA, MEMBER       

 

Present:       Sh. Amar Jot, Advocate, counsel for complainant.

                   Sh.Harjot Singh, counsel for OPs Nos.1,3 & 5.                                                   OP Nos. 2 & 5 given up.

 

ORDER

                         The facts, in brief, are that the on 08.08.2015 the complainants booked a Unique Swiss Paris Group Tour 2014 on 28.02.2014 by paying initial booking amount of Rs.40,000/- through RTGS vide booking No.IN1312B3S005609 as minimum required amount as 20 %  and the tour was scheduled to start on 28.02.2014.  On 29.01.2014 the officers of OPs demanded various documents through e-mail for applying VISA. The complainants deposited requisite documents which were duly confirmed vide email dated 08.02.2014 and further informed that only NOC from employer of one of the complainant was required.  The OPs demanded Rs.1 lac before filing of VISA application and vide emails dated 11.02.2014 and 12.02.2014 intimated that in case Rs.1 lac is not deposited then the VISA would not be applied. The complainants thereafter paid Rs.1 lac vide bank transfer bearing No.ID, ATM XFR on 15^th February, 2014.  The OPs asked the complainants to attend an interview in the Embassy on 19^th Feburary, 2014 which remained successfully but vide e-mail dated 24.02.2014 it was informed that the VISA for Switerzerland has been rejected by the Embassy.  The reason for rejection of VISA is not justified. Moreover there was no occasion for rejection of VISA on account of possibility of No return from Switerzerland. The trip could not be completed because same was a group tour due to fault of the OPs.  The complainants requested the OPs for providing substitute trip but to no avail.  The complainants visited the office of OPs at Gurgaon on 18.08.2015 but they allowed to refund Rs.35,000/- only by saying that rest amount of Rs.1,05,000/- has been forfeited on account of hotel and flight booking.  The act and conduct of clear cut deficiency in service on the part of OPs and due to this the complainants suffered emotional and financial set-back. In evidence the complainants have tendered affidavit Annexure CX and documents Annexure C1 to Annexure C14.

2.                On notice OP Nos. 1 to 4 have filed their joint reply wherein it has been submitted that OP Nos. 1 to 4 is well reputed and highly acclaimed Tour and Travel Company and it carriers its business throughout and all the transactions with them are governed by user agreement applicable to the person intending to purchase or inquiring for any products and or services of OPs by using their website or using any other customer interface channels of OPs. In the month of November, 2013 the complainants desired to book the tour to France and Switzerland and as per request of the complainants the Unique Swiss Paris Group Tour 2014 was booked on having received partial/initial payment of Rs.40,000/-.  Rs.1 lac was demanded for booking with different service providers but the VISA was rejected by concerned embassy on the merit basis of complainant’s documents and the same was intimated to them through email on dated 24.02.2014. The tour was to start on 28.02.2014 and the VISA was rejected on 19.02.2014 i.e. only 9 days prior to the date of departure, therefore, on rejection of VISA on short notice the booking fell under 100 % cancellation as per the VISA Policy and hence part payment thereof was given to them.  The VISA was rejected as per its cancellation policy, therefore, complainants are not entitled for any refund. Other allegations made in the complaint have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OP Nos. 1 to 4 have tendered affidavit Annexure RW1/A and documents Annexure R1 to Annexure R3.

4.                We have gone through the record and heard arguments addressed by the learned Counsel for the parties.

5.                 It is established on the case file that on 08.08.2015 the complainants had booked a Unique Swiss Paris Group Tour 2014 on 28.02.2014 by paying initial booking amount of Rs.40,000/- through RTGS vide booking No.IN1312B3S005609 as minimum required amount as 20 %  and the tour was scheduled to start on 28.02.2014 besides paying of Rs.1 lac as per the demand made by the Ops, therefore, the complainants have deposited total amount of Rs.1,40,000/- with the OPs. It is not disputed that complainants could not enjoy the tour package due to not granting of VISA by the concerned authorities and the Ops have refunded Rs.35,000/- to the complainants out of the total deposited amount to the tune of Rs.1,40,000/-. The complainants have come with the plea that the OPs have wrongly and illegally withheld rest of the amount of Rs.1,35,000/- as it was never disclosed to them that in case if VISA is rejected then huge amount out of the total deposited amount would be forfeited on account of cancellation of bookings of hotels and flights as this fact is mentioned by the Ops in the email dated 08.09.2015 (Annexure C12). Relevant portion thereof is as under:

Rest the entire amount forfeited for the cancellation of the hotels and the flight bookings as it was a last moment cancellation.

Perusal of the case file reveals that the OPs have not produced any evidence on the case file to show that as to which hotel was booked and as to which flight was booked which was to be boarded by the complainants as per the tour schedule.   On one hand the Ops have come with the ground that the complainants were not entitled for any refund in case of rejection of VISA but on the other hand they have refunded Rs.35,000/- to the complainants as per the terms and conditions of the company. Though the OPs have produced alleged terms and conditions on the case file as Annexure R3 but it does  not mean that said terms and conditions have ever conveyed to the complainants and the complainants have affixed their signatures thereon after accepting the terms and conditions. The act and conduct of the Ops clearly indicate their unprofessional behavior towards the customers which is clear cut violation of provisions of Consumer Protection Act.  The complainants have been able to prove on the case file that the Ops are deficient in providing service to them which certainly caused mental and physical harassment to the complainant.  The OPs cannot forfeit huge amount of Rs.1,05,000/- out of the total amount of Rs.1,40,000/-, therefore, it would be in the fitness of things if we direct the Ops to refund the balance amount of Rs.1,05,000/- after deducting Rs.10,000/- as processing charges etc.

6.                       In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly allowed. The appearing OPs are directed as under:-

1. To pay Rs.95,000/- to the complainants (out of the balance amount of Rs.1,05,000/- ) alongwith interest @ 9 % per annum from the date of filing of complaint till its realisation.
2. To pay to the complainants Rs.5,000/- as costs of litigation and compensation for mental agony and harassment.

 This order be complied with by the OPs within thirty days from the date of receipt of its certified copy. Copy of this judgment be supplied to the parties free of costs. File be consigned to the record room after due compliance

Announced on: 15.02.2018                                             (D.N. ARORA)

                                                                                                     President

 

    

                     (PUSHPENDER KUMAR)

                                                                                            Member

 

 

                          (ANAMIKA GUPTA)

                                                                                            Member