ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant for refund of Rs.1,20,000/- being the amount paid to book the tickets for the trip and for Rs.1,00,000/- as damages for not refunding the same and for making him to suffer mental agony, stress, physical hardship and financial loss and  for such other reliefs as the Hon’ble District Commission deems fit.

2.     The brief facts of the complaint are that; the complainant married one Meghana on 16.03.2020 and wanted to go for honeymoon from 16.03.2020 to 23.03.2020 and booked the tickets with OP by paying Rs.1,20,000/-. It is contended that due to corona and the restrictions imposed the trip was cancelled due to COVID 19 and the possibility of travelling for honeymoon trip therefore, was called off. Complainant requested OP to refund the amount through email. Though the same was received did not send the amount and hence there is deficiency in service on the part of OP and hence this compliant.

3.     Upon the service of notice, OP appeared through its advocate filed the version and admitted the booking of the ticket by paying Rs.1,20,000/- whereas due to COVID 19 pandemic and nationwide lockdown, they had to cancel the flights.  During September 2021, OP has refunded Rs.1,20,000/- to the complainant. They had to refund the amounts to thousands of persons who had booked the tickets and could not carry on the trip due to lockdown situation. During the pendency of the proceeding before the commission, when the matter was referred mediation they offered Rs.20,000/- as compensation whereas complainant to receive the same and hence there is no deficiency on its part and there is no unfair  trade practice on its side and hence, prayed the commission to dismiss the above complaint.

4.     In order to prove the case, both parties are filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1 & 2: PARTLY IN THE AFFIRMATIVE                                 For the following.

REASONS

POINT No.1 & 2:-

6.     On perusing the complaint, version, documents, evidence filed by the parties, it becomes clear that, the complainant booked ticket with OP for honeymoon trip package by paying Rs.1,20,000/- which OP has also admitted. It is also admitted by the complainant as well as OP regarding receipt and payment of Rs.1,20,000/- which is towards the amount paid and received towards the ticket charges and other charges for organizing the trip. 

7.     Due to the COVID 19 situation the entire country was lockdown and even the flights were cancelled. The flight operators could not operate the flights as per the directions of the Govt. of India to contain the pandemic situation.  Under the circumstances, it is quite and but natural that the entire economy of the county was hit very badly. 

8.     It is to be noted here that though the Trip was cancelled in the month of March 2019 itself, and the complainant made claim for reimbursement during the March 2020 itself OP refunded the said amount during September 2021. For all these days, it retained the amount of the complainant, due to which, complainant had to suffer financially and hence there is unfair trade practice on the part of OP in not paying the interest towards the said amount. For almost one and half years OP did not refund the said amount. Had it returned within a month or two, then the financial loss to the complainant would have been minimal. Hence we direct OP to pay interest at 12% per annum on Rs.1,20,000/- from 23.03.2020 till the payment of the principle amount i.e. September 2021 along with compensation of Rs.25,000/- towards mental agony, and physical hardship and Rs.10,000/- towards litigation expenses. Hence we answer POINT NO.1 AND 2 PARTLY IN THE AFFIRMATIVE and pass the following:

ORDER

1. Complaint is allowed in part with cost.

2. OP i.e. M/s Make My Trip India Private Limited represented by its authorized signatory is hereby directed to pay interest at 12% per annum on Rs.1,20,000/- from 23.03.2020 till September 2021.

3. Further OP is directed to pay a sum of Rs.25,000/- towards damages and Rs.10,000/- towards cost of the litigation expenses.

4. OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this commission within 15 days thereafter.

5.  Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be weeded out/destroyed.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this 27^TH DAY OF JULY 2022)

MEMBER                 MEMBER                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Marriage invitation.

Ex P2: Copy of the passport

Ex. P3: Copy of the Aadhar card

Ex P4: Copy of the Ticket details.

Ex P5: Copy of the debit card transaction details

Ex P6: Copy of the email correspondences.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri Bhupinder Singh Virdi, Authorized representative of OP.

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Copy of the Agreement between user and make my trip.

Ex R2: Copy of the Board Resolution.

MEMBER         MEMBER       PRESIDENT

RAK*