1. The instant complaint has been filed by the complainant, wherein alleged that the OPs are dealing with providing the travel tickets through different airlines to its customers all over the world and on the internet and in their official website they have specifically advertised in various web portals, websites addresses and newspapers that they provide the tickets of the airlines at cheaper rates with their best services and quality of work. The OP No.2 is having its head office at USA and are doing the business activities through internet services and other media and is having its offices all over the world and is having its office at Gurgaon in India. The complainant had to travel from India to Toronto, Canada and in this regard he purchased the online expedia five tickets of travelling on 19.04.2018. The complainant was carrying the Canadian Visa and the airline was TAP Portugal. After the complainant booked the tickets @ 2200 US Dollars for his five family members, the complainant reached Delhi Airport alongwith his all the family members luggage etc., the complainant was informed by the authorities at New Delhi Airport that they will not allowed the complainant to board and explained to the complainant that for that purpose the complainant was required Transit Visa. The complainant was not informed by the OPs at the time of booking that the travel tickets, the complainant had to apply for the Transit Visa also. Resultantly, the complainant had no other option and he was forced to purchase another tickets by spending extra 8000 US Dollars approximately. That while booking the air tickets on the home page of Expedia, there is no specific note on the address of the website or on any other website page of the OPs through which they are advertising and booking the tickets and they are not making aware to any individual with regard to applying the transit visa for that purpose also. It is pertinent to mention here that the other companies namely make-my-trip and various other website advertisement clearly provide the specific mention that they have to apply for a transit visa. It is very much clear that the OPs by misrepresenting to various customers are booking the airlines tickets and thereafter they are befooling the customers by asking them to book the tickets first and thereafter get the transit visa papers. That the OPs have acted negligently and also involved in unfair trade practice and due to this reason, the complainant who suffered the huge loss of money and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay compensation to the tune of Rs.10,00,000/- for causing mental tension and harassment to the complainant and further OPs be directed to refund of 2200 US Dollars and 8000 UD Dollars which were spent by the complainant for purchasing the air tickets and Rs.25,000/- as litigation expenses.

2. Notice of the complaint was given to the OPs, but none of the OPs has appeared in the Commission, but written statement received by way of regd. Post, wherein the OPs submitted that the OPs are of the position that there is no case to answer as the OPs are not a party to the customer’s booking. The OPs do not own or operate www.expedia.co.in where the complainant made the bookings (“Website”). As per the terms of Use on the website, the website is operated by AAE Travel Pte Ltd. an entity incorporated in Singapore. In any case, the terms of use on the website (http://www.expedia.co.in/g/rf/terms-of-use) state that:

a) The customer is responsible for ensuring him/her/the employees meets foreign entry requirements.

b) Specifically, that the customer is responsible for obtaining his/her/the employees necessary travel documents such as transit visas; and

c) The customer must consult the relevant Embassy/Consulate for information relating to travel, visa and entry requirements.

The complainant accepted our terms of use in completing the booking on the website.

The terms of Use, which the complainant had accepted in the booking, on the website are governed by the laws of Singapore, and customers using the website consent to the exclusive jurisdiction and venue of courts in Singapore, in all disputes arising out of or relating to the use of the website. As such, we submit that the Court should dismiss the case with costs on the basis of Forum non convenience. Even if the Court takes the position that it has jurisdiction to hear the case, we submit we are not liable for any amount to the complainant, for the reasons stated in our Terms of use and further submitted that the Terms of Use state that we have no liability for any acts by any of our suppliers, including airlines. This is entirely reasonable as such changes and/or cancellation are not initiated by us, nor do we have control over. Moreover, there appears to be no loss suffered by the complainant. Despite the schedule changes initiated by the Airline, the complainant did manage to travel as intended. The complainant has not included any evidence or substantiated basis of the compensation amount he is claiming against the OPs and the compensation amounts appear to be unsubstantiated, arbitrary and frivolous and lastly submitted that we should not be liable for any amount to the complainant.

3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied those of the written statement.

4. In order to prove their respective versions, both the parties produced on the file their respective evidence.

5. We have heard the argument from learned counsel for the complainant and also gone through the case file as well as written arguments submitted by learned counsel for the complainant, very minutely.

6. The counsel for the complainant has argued that the complainant had to travel from India to Toronto, Canada and in this regard he purchased the online expedia five tickets of travelling on 19.04.2018. The complainant was carrying the Canadian Visa and the airline was TAP Portugal. After the complainant booked the tickets @ 2200 US Dollars for his five family members, the complainant reached Delhi Airport alongwith his all the family members luggage etc., the complainant was informed by the authorities at New Delhi Airport that they will not allowed the complainant to board and explained to the complainant that for that purpose the complainant was required Transit Visa. The complainant was not informed by the OPs at the time of booking that the travel tickets, the complainant had to apply for the Transit Visa also. Resultantly, the complainant had no other option and he was forced to purchase another tickets by spending extra 8000 US Dollars approximately. That while booking the air tickets on the home page of Expedia, there is no specific note on the address of the website or on any other website page of the OPs through which they are advertising and booking the tickets and they are not making aware to any individual with regard to applying the transit visa for that purpose also. It is pertinent to mention here that the other companies namely make-my-trip and various other website advertisement clearly provide the specific mention that they have to apply for a transit visa.

7. We have gone through the version of OPs which received through registered post, that have submitted that the OPs do not own or operate www.expedia.co.in where the complainant made the bookings (“Website”). As per the terms of Use on the website, the website is operated by AAE Travel Pte Ltd. an entity incorporated in Singapore. In any case, the terms of use on the website (http://www.expedia.co.in/g/rf/terms-of-use) state that: (a) The customer is responsible for ensuring him/her/the employees meets foreign entry requirements. (b) Specifically, that the customer is responsible for obtaining his/her/the employees necessary travel documents such as transit visas; and (c)The customer must consult the relevant Embassy/Consulate for information relating to travel, visa and entry requirements.

8. The complainant accepted their terms of use in completing the booking on the website. Moreover, the complainant has himself admitted that the other companies namely make-my-trip and various other website advertisement clearly provide the specific mention that customers have to apply for a transit visa. In this way, the complainant is well are about the transit visa. Even, the OPs have already mentioned that the customer is responsible for ensuring him/her/the employees meets foreign entry requirements.Specifically, the customer is responsible for obtaining his/her/the employees necessary travel documents such as transit visas. Therefore, the complainant is required fulfill all formalities of his and his family trip/journey.

9. In view of the above, the present complaint is dismissed with no orders to costs.

10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

9^th of March 2021

Kuljit Singh

(President)

Jyotsna

(Member)