Complaint presented on  :  22.09.2014

                                                                 Order pronounced on  :  18.03.2016

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,         :      PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,            :     MEMBER II

FRIDAY THE  18^th   DAY OF MARCH 2016

C.C.NO.190/2014

G.Santhivinayagam,

C/O. Mr.S.B.Viswanathan,

No.F2, Thanikachalam Apartment,

Door No. 32/63, Rakkiappan Street,

Mylapore, Chennai – 600 004.

                                                                                                 ..... Complainant

..Vs..

Date of complaint                                  :30.9.2014

Counsel for Complainant                      :M/S.J.Antony Jesus

Counsel for  Opposite parties                  :V.Selvaraj

O R D E R

BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant has booked a bus ticket through respondents website Make my Trip (India) Pvt. Ltd., to travel from Chennai Perungalathur to Tirunelveli in the Rathimeena Travels for Seat No.19 at about 12 p.m. on 4^th June 2013. When the Complainant processed the payment from his Indian Overseas Bank Account through Internet Banking, it was completed but there was some error on confirmation of the bus seat and ticket, therefore  the Complainant  has booked again the bus ticket through respondent’s website in Rathimeena Travels Seat No.23 and payment process was completed and he has received the ticket.  When the Complainant verified his bank statement he came to know that respondent have debited a sum of Rs.730/- twice  on 4^th June 2013 for single booking of bus ticket worth Rs.730/. The Complainant called respondent’s customer care number 18001038765 and reported this incident and also wrote a detailed mail to Respondent’s customer care mail id th June 2013 to send a bank statement copy in PDF format. The Complainant has sent his account statement by PDF format on 10.06.2013 at 1.45 pm. Thereafter no reply or response was coming from respondent’s company. Hence the Complainant issued a detailed Legal Notice to the all Opposite Parties and called upon them to seek immediately tender an unconditional apology in writing to the Complainant for their unfair trade practice and repay the sum of Rs.730/- along with 12% interest and together with a compensation for a sum of Rs.20,000/- for the mental agony suffered by him and Rs.15,000/- towards costs  of the legal notice within 7 days from the date of receipt of the notice. Hence to prays to dismiss the Complaint.

2.WRITTEN VERSION OF THE 1^ST & 2^ND OPPOSITE PARTIES IN BRIEF:

          As per the Jurisdiction clause of the User Agreement, only the Court of NCR Delhi have the territorial jurisdiction to entertain the disputes, if any, arising out of the bookings. In cases of online bookings, which has been done through the Opposite Party no cause of action either wholly or in part can be said to have arisen at Chennai inasmuch as even as per the Complaint, the booking were done through the internet on the website/portal of Opposite Party, that by itself does not amount to any cause of action having arisen at Chennai. It is settled law that territorial jurisdiction of a court or a tribunal cannot be created by availing services of any person through internet. The Complainant must prove the loss suffered due to the acts and / or omission of the Opposite Party in order to allege and receive monetary compensation. The excess amount to the tune of Rs.730/- was already refunded to Complainant’s bank account vide which the payment for booking was received to Opposite Party. The amount was refunded on June 23 vide RRN 73280956. The damages need to be proven in liability cases, the nature and extent of the damages are not the primary focus of the case against Opposite Party and hence the Complainant are not entitled to any damages as there is no supporting proof that they have suffered any damage or loss by reason of any acts and /or omission of the Opposite Party. While making any booking online through MMT (Opposite Party) website, there remains on manual interference at the end of Opposite Party. Whatever details as per the steps enunciated therein are filled in by the Users of the Website (Complainant herein) the bookings are made accordingly once the payment to that effect is received to Opposite Party. Further in case of any operational and technical issues pertaining to materialization of the booking made by the Complainant or making payment thereon, the Opposite Party shall only be liable to refund the said excess amount which though may have been charged on the technical default made at the end of Complainant himself by pressing the refresh button twice. Therefore, Opposite Party shall in no circumstances be liable for direct, indirect, unities, incidental, special, consequential damages. The Complainant visited the website of Opposite Party i.e www.makemytrip.com on 04.06.2013 and booked a bus ticket to travel between Chennai and Tirunelveli from Rathimeena Travels. In the instant booking herein it is very categorically mentioned in the E-ticket supplied to the Complainant and there is no dispute with respect to the same. The copy of E-ticket shared with Complainant is not disputed herein that Opposite Party being a booking agent had issued the confirmed ticket for Complainant well in advance therefore Opposite Party being a booking agent discharged its limited duty of service facilitator. The Complainant wrote Opposite Party on the same day of booking i.e 04.06.2013 and informed that his card vide which he made payment for the booking in question have been charged twice. On receipt of the aforesaid Complaint, the Opposite Party immediately investigated this matter at its end internally. On 23.06.2013, the Opposite Party refunded the excess amount to the tune of Rs.730/- in the same account of Complainant vide which the booking in question have been made by him vide RRN No.73280956. If at all the Complainant is still disputing the receipt of said refund amount by Opposite Party, then Opposite Party herein seeks leave of this Ld.,  DF to place on record the proof of the refund after retrieving it from the concerned bank on any subsequent stage of proceedings. Therefore the Opposite Parties prays to dismiss   the Complaint with costs.

3.POINTS FOR CONSIDERATION:

          1. Whether this Forum has jurisdiction to entertain this Complaint?

          2. Whether there is deficiency in service on the part of the opposite party?

          3. Whether the complainant is entitled to any relief? If so to what relief?

4. POINT:1

           Ex.B2 is the user agreement which provides conditions for booking the tickets through the 1^st Opposite Party website. The user agreement of the 1^st Opposite Party provides a clause for jurisdiction to entertain the Complaint at Delhi Courts. However this Complaint is filed against two Opposite Parties. The 2^nd   Opposite Party is having office at Chennai and as against him this Forum has jurisdiction at Chennai. Since the Complaint included the 1^st Opposite Party along with the other Opposite Party, part of cause of action arose at Chennai and hence the Complaint is very well maintainable in this Forum and therefore the objection raised by the 1^st Opposite Party that this Forum has no jurisdiction to entertain this Complaint is not acceptable.

5. POINT:2

          The Complainant has booked a bus ticket through the 1^st Opposite Party website on 04.06.2013 to travel from Chennai perungalathur to Thirunelveli in RathiMeena travel for seat no.12 and when he processed the payment from his Indian Overseas Bank Account, it was completed and however there was some error on confirmation of the seat and ticket. Hence the Complainant again booked another ticket in the same bus for seat no.23 and process of payment was completed and this seat has been reserved. However, when he verified his bank accounts on the date of booking a sum of Rs.730/- was debited twice for a single ticket and the same was evidenced by Ex.A1 Bank Statement.  Immediately on the same day at about 1.07 p.m re-reported to the customer care of this Opposite Parties through mail. The amount debited for the second time was not credited into the account of the Complainant.  The Opposite Party sent Ex.A6 reply for Ex.A4 legal notice of the Complainant that the payment was processed on 23.03.2013 itself.  Even in the written version of the Opposite Party stated that the excess amount to the tune of Rs.730/- already processed in the account of the Complainant vide RRN NO.73280956 on 23.06.2013 itself. However the fact remains that till  the date the filing of this Complaint the amount was not refunded to the Complainant. The Opposite Parties admitted in their proof affidavit that the refund transaction was failed and immediately they offered to pay the refund amount of Rs.730/- with interest at 24% per annum and the same was bluntly refused by the Complainant. The above admission in the proof affidavit of the Opposite Parties establishes that the Opposite Parties have not refunded the ticket amount of Rs.730/- to the Complainant till date and  proves that the Opposite Parties committed Deficiency in Service.

6.POINT:3

           The Complainant immediately on the date of booking itself sent a mail to refund the ticket amount of Rs.730/- which was debited for the second time. The date of booking of the ticket was on 04.06.2013. Till the filing of the Complaint and even after issuance of legal notice the Opposite Parties have not refunded the ticket amount and therefore the Complainant suffered with mental agony is accepted and for such a mental agony he is entitled for reasonable compensation. Considering all above the Complainant is entitled for refund of ticket amount of Rs.730/- and also it would be appropriate to order a sum of Rs.10,000/- towards compensation for mental agony and also for  a sum of Rs.5000/- towards litigation expenses.   

            In the result the Complaint is partly allowed.  The Opposite Parties 1 & 2 jointly or severally ordered to refund a sum of Rs.730/- (Rupees seven hundred and thirty only) towards ticket amount to the Complainant and also to pay a sum of Rs.10,000/-  (Rupees ten thousand only) towards compensation for mental agony, apart from that a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses. The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 18^th   day of March 2016.

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                 Bank accounts statements

Ex.A2 dated NIL                 Copy of the Bus Ticket

Ex.A3 dated NIL                 Mails written by parties

Ex.A4 dated 26.08.2013      Legal Notice issued by the Complainant

Ex.A5 dated NIL                  Acknowledgment by the Opposite Party     

Ex.A6 dated 11.10.2013      Reply Notice by Respondent’s Advocate

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTIES :

Ex.B1 dated  NIL                     Resolution passed by the Board of Directors of

                                                Make My Trip

Ex.B2 dated NIL                     Agreement between the user and Make My Trip

MEMBER – II                                                               PRESIDENT