District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.641/2021.
Date of Institution: 14.12.2021.
Date of Order: 20.12.2022.
Richa Verma D/o Shri O.P.Verma R/o A-1660 Ground floor, Green Field Colony,Faridabad.
…….Complainant……..
Versus
1. M/s. MakeMyTrip India Pvt. Ltd. Office at DLF Building No.5, Tower B, DLF Cyber City, DLF Phase 2, Sector-25, Gurugram, Haryana – 122002, India, through its Director.
2nd address:
1G,44-BP Main road, Opp. Bus Stand, NIT-1, Faridabad, Haryana, India.
2. M/s. Go Airlines (India) Ltd., Reg, Office at: C/o Britania Industries Ltd. A-33, Lawrence Road, Industrial Area, New Delhi through its Director.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Ankur Gosain, counsel for the complainant.
Sh. Harsh Vardhan, counsel for opposite party No.1.
Sh. Sachin Parashar, counsel for opposite party No.2.
ORDER:
The facts in brief of the complaint are that the complainant made a booking for a holiday package of Maldives from the opposite party No.1. The said package was advertised by opposite party No.1 on their website as well as mobile application with the name ‘Magical Maldives Experience and the booking ID allotted to the complainant by the opposite party NO.1 was NL2202582756838. The booking was made by the complainant for herself as well as her sister Anu Verma and her friend Bhawna Pahwa. The consolidated amount of Rs.3,64,431/- was paid by the complainant to the opposite party No.1 in the following manner as per the demand of the opposite party No.1”
i) An amount of Rs.45,000/- was paid upfront vide paytm on 04.10.2021.
ii) an amount of Rs.1,37,215/- was paid on 08.11.2021 vide bank transfer as per the demand of opposite party No.1.
iii) an amount of Rs.1,82,215/- was paid on 23.11.2021 vide bank transfer as per the demand of opposite party No.1.
Booking confirmation voucher was issued by the opposite party No.1 to the complaint vide email dated 04.10.2021 giving all the details of the package which included to and fro flights from Delhi to Male which was shown to be arranged by the opposite party No.1 from opposite parties Nos.2 and 4 nights hotel stay in
Maldives alongwith water sports etc. as well as airport transfer by speedboat were included in the package. The complainant alongwith her companions was to fly on 08.12.2021 but as per the travel guidelines, the complainant and her companions got themselves tested for Covid-19 on 06.12.2021 from Dr. Lal Pathy Lab and unfortunately due to the mistake of the said lab, the complainant and her sister Anu Verma were tested +ve for covid-19 although they were not having any symptoms. Immediately on the basis of said wrong report the complainant informed the opposite party No.1 that two of the passengers have tested +ve for Covid-19 on which the opposite party No.1 vide email dated 07.12.2021 at about 12:47 a.m. sent the cancellation policy and asked the complainant to confirm the cancellation on the said cancellation policy and attach all supporting documents. As per the cancellation policy shared with the complainant, it was clarified by the opposite party No.1 that “No cancellation was allowed during the period 15 days – departure time.” Meaning thereby that in case the complainant opted for cancellation there would be no refund. The complainant did not confirm for the cancellation as per the policy of the opposite party No.1 as in any case the complainant was not going to get any refund for can collation. The complainant had doubts upon the report of Dr. Lal path Lab as neither she nor her sister was having any Covid Symptoms, so the complainant wrote another email within next 10 minutes to the opposite party No.1 that she had doubts upon the report and that she and her sister would undergo fresh test in the morning. Surprisingly the complainant received an email from opposite party No.2 in the evening of 07.12.2021 that the flight in which the complainant and her companion were to travel to Maldives had been cancelled. The complainant immediately contacted the opposite party and also apprised them that in all the three report they which had been given by reputed hospital, reputed lab as well as Civil Hospital Faridabad,
both the complainant and her sister had been tested –ve and they were ready to fly but the flight had been cancelled by opposite party No.2 as per information provided to the complainant from opposite party No.2. The complainant requested the opposite party No.1 to arrange some other flight as it was duty of opposite party No.1 to provide the entire package and that the opposite party No.1 had been engaged by the complainant only because the opposite party No.1 had assured hassle free holiday to the complainant. But the opposite party No.1 clearly stated that they haven’t receive the refund form opposite party NO.2 a s such no fresh flight could be booked by them. Eventually the complainant asked the opposite party No.1 to refund the cost of the entire package as the complainant had booked a holiday package from opposite party No.1 and when the flight itself had been cancelled due to operational issue so it was not possible for the complainant and her companions to enjoy stay in resort in Maldives, but the opposite party No.1 clearly effused to give any kind of refund and sent an email to the complainant stating therein that cancellation of rooms was not permissible, however offered to provide rebooking option till 31.10.2022 and that too by paying price difference. No price difference was mentioned by opposite party No.1 rather instead of giving open dates upto 31.10.2022 only gave small window in between 26.12.2021 to 30.04.2022 and that too on payment in difference amount. When the complainant asked as to how much would be difference, the opposite party No.1 told the complainant that the difference would be anything and they could not specify the same. The complainant requested the opposite party No.1 to atleast provide the capping of maximum amount that would be charged form the complainant in case of change in dates but even no capping of maximum amount was informed by the opposite party No.1. Eventually the complainant wrote a final on 07.12.2021 stating therein that the opposite party No.1 had sorted to blackmailing tactics. The
complainant reiterated that she and all her companions had been tested –ve for covid-19 and the flight booking was made only by the opposite party No.1 and there was no fault on the part of the complainant. The complainant reiterated that they were ready to travel on 08.12.2021 in case the opposite party No.1 arranges a fresh flight as the earlier booked flight had been cancelled and requested the opposite party No.1 to make necessary booking or to refund the amount of the holiday package already charged by the opposite party No.1. The opposite party No.1 stopped even replying to the email of the complainant and when the opposite party No.1 was contacted telephonically, the opposite party No.1 misbehaved with the complainant and said that the opposite party No.1 would not even refund a single penny and would not arrange and rescheduling. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund to the complainant an amount of Rs.3,64,431/- alongwith interest @ 18% p.a. from the date of deposit till its realization.
b) pay Rs. 4,00,000/- as compensation for causing mental agony and harassment on behalf of opposite party No.1.
c) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment on behalf of opposite party No.2.
d) pay Rs. 1,00,000 /-as litigation expenses.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that to understand the issue in hand, the Opposite Party No. I will brief out the bookings made by the Complainant herein through the Opposite Party No. 1:
a. Booking ID: NL2202582756836
b. Package : Magical Maldives Experience starting from 08.12.2021.
c. Travellers: (3 Adults)
i. Richa Verma
ii. Anu Verma
iii. Bhawana Pahwa
d. Total Package Price:- Rs.3,64,434/-
e. Inclusions: Hotel Stay for 3 nights and 4 days, round trip Economy class airfare valid for the duration of the holiday, Speedboat transfers, meals as included in the package etc.
f. Exclusions: Cost of extension of the validity of tour package, anything specially not mentioned in the inclusions list.
In the present case, the complainant booked the Magical Maldives Experience, for a total consideration amount of Rs.3,64,434 for 3 intended travelers which included, hotel stay for 3 nights and 4 days, round trip economy class airfare valid for the duration of the holiday, meals as included in the itinerary, speedboat transfers etc. for 5 days. The answering opposite party, in furtherance to the request of the complainant booked the tour package and issued booking ID NO. NL 2202582756836 to the complainant. Without prejudice to the aforesaid, the booking made herein by complainant could not be designated under any category since as specified by the order dated 01.10.2020 and the circular date d07.10.2020, only flights being cancelled due to the Covid-19 Pandemic starting from 25.03.2020 till May 2020 fall under the aforementioned categories as per the judgment dated 01.10.2020. However, the complainant tour package was starting
on 08.12.2021. However, being a consumer-centric company , the answering opposite party had proactively pursued the concerned Airlines i.e. Go Airlines i.e. Opposite party No.2 to process the applicable refund after the tour package was cancelled by the complainant on 07.12.2021 i.e. merely 1 day before the departure. Further the answering opposite party had already processed a refund of Rs.81,000/-. The complete amount was paid by the complainant as she had the Tour Package scheduled on 08.12.2021 and the complainant had approached the answering opposite party to cancel the tour package on 07.12.2021 i.e. merely 1 day before the departure, despite the fact that the confirmed e-tickets and hotel vouchers were already issued to the complainant, hence no refund was applicable in the present case. The answering opposite party being a consumer-centric company and to retain the trust of its customers such as the complainant duly contacted the concerned Airlines, Hotels and other services providers for refund of the booking amount. Further, the answering opposite party had already refunded Rs.81,000/- to the complainant as and when the same was received by the answering opposite party from the concerned airlines. It was also submitted that the answering opposite party had already processed and refund of Rs.81,000/- to the complainant as and when received from opposite party No.2 and the same had been duly accepted by the complainant vide email dated 21.12.2021 sent by the complainant to the opposite party. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite party No.2 put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that as per the terms and conditions provided on E-ticket and also on its website, the refund of booking amount of Rs.81,186/- was processed on 10.12.2021 in the same mode from where the opposite party No.2 received the
booking amount; hence in the present case the booking amount was refunded into the source account from where the complainant had made the booking. Opposite party No.2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties– Make My Trip India Private Limited with the prayer to: a) refund to the complainant an amount of Rs.3,64,431/- alongwith interest @ 18% p.a. from the date of deposit till its realization. b) pay Rs. 4,00,000/- as compensation for causing mental agony and harassment on behalf of opposite party No.1. c) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment on behalf of opposite party No.2. d) pay Rs. 1,00,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Richa Verma, Ex.C1(colly) – email dated 04.10.2021, x.C-3 – paytm - payment successful, Ex.C4 (colly) – holiday voucher, Itinerary and payment details for trip to Maldives NL2202582756836, Ex.C-5 - email dated 05.12.2021, Ex.C-6 – email dated 05.12.2021, Ex.C-7 (colly) – Tax invoice,, Ex.C-8 &9 – emails, Ex.C-10(colly) to 13 – emails, Ex.C-16 to 17- Diagnostic report, Ex.C-18 & 19 – Covid 19 RTPCR with Home Collection, Ex.C-20 – test report, Ex.C-21 – Diagnostic report, Ex.C-22 – Certificate u/s 65B of the Indian Evidence Act, 1872,, Ex.C-23 – email.
On the other hand counsel for the opposite party No.1 strongly
agitated and opposed. As per the evidence of the opposite party No.1 - Ex.RW1/A – affidavit of S. Sreesh, Assistant Manager (Legal & Authorised Representative of Make My Trip (India) Pvt. Ltd., 19th floor Tower, A, B & C, epitome Building NO.5,DLF Phase – III, DLF Cyber City, Gurugram, Haryana, Ex. RW-2 – User Agreement, Ex.RW-3 – Tour Package Itinerary issued to the complainant, Ex copy of judgement dated 01.10.2020 passed by the Hon’ble Supreme Court in the case titled as Pravasi Legal Cell Versus Union of India & Anr., Ex.RW-5 – Circular dated 07.10.2020,, Ex.RW-6 – email communication between the answering opposite party and the concerned hotel i.e. Adaaran Select Hudhuran Fushi,, Ex.RW-7 – present print out from the Ministry of Corporate Affairs, Ex.RW-8 – Test reports of the complainant alongwith her sister sent by the complainant, Ex.RW-9 – email dated 07.12.2021, Ex.RW-10 – email dated 15.12.2021, Ex.RW-11 – email dated 21.12.2021.
After availing several effective opportunities, opposite party NO.2 failed to file the evidence on behalf of opposite party No.2. Hence, evidence on behalf of opposite party No.2 was closed by court order vide order dated 23.11.2022.
7. In this case, the booking ID allotted to the complainant by the opposite party No.1 was NL2202582756838. The booking was made by the complainant for herself as well as her sister Anu Verma and her friend Bhawna Pahwa and the consolidated amount of Rs.3,64,431/- which was paid by the complainant to the opposite party No.1 on different dates.As per Ex.C1(colly) booking confirmation voucher was issued by the opposite party No.1 to the complaint vide email dated 04.10.2021 giving all the details of the package which
included to and fro flights from Delhi to Male which was shown to be arranged by the opposite party No.1 from opposite parties Nos.2 and 4 nights hotel stay in Maldives alongwith water sports etc. as well as airport transfer by speedboat were included in the package. The complainant alongwith her companions was to fly on 08.12.2021 but as per the travel guidelines, the complainant and her companions got themselves tested for Covid-19 on 06.12.2021 from Dr. Lal Path Lab and unfortunately due to the mistake of the said lab, the complainant and her sister Anu Verma were tested +ve for covid-19 although they were not having any symptoms. On the basis of said wrong report the complainant informed the opposite party No.1 that two of the passengers have tested +ve for Covid-19 on which the opposite party No.1 vide email dated 07.12.2021 at about 12:47 a.m. sent the cancellation policy and asked the complainant to confirm the cancellation on the said cancellation policy and attach all supporting documents. As per the cancellation policy shared with the complainant, it was clarified by the opposite party No.1 that “No cancellation was allowed during the period 15 days – departure time.” Meaning thereby that in case the complainant opted for cancellation there would be no refund. The complainant did not confirm for the cancellation as per the policy of the opposite party No.1 as in any case the complainant was not going to get any refund for can collation.The complainant wrote a email on 07.12.2021 stating that the opposite party No.1 had sorted to blackmailing tactics. The complainant and all her companions had been tested –ve for covid-19 and the flight booking was made only by the opposite party No.1 and there was no fault on the part of the complainant. The complainant stated that they were ready to travel on 08.12.2021 in case the opposite party No.1 arranges a fresh flight as the earlier booked flight had been cancelled.
On the other hand, opposite party being a consumer-centric
company and to retain the trust of its customers such as the complainant duly contacted the concerned Airlines, Hotels and other services providers for refund of the booking amount. The pposite party had already refunded Rs.81,000/- to the complainant as and when the same was received by the answering opposite party from the concerned airlines. The opposite party had already processed and refund of Rs.81,000/- to the complainant as and when received from opposite party No.2 and the same had been duly accepted by the complainant vide email dated 21.12.2021 ..
8. After going through the evidence led by the parties, the Commission is of the opinion that complaint is allowed. Opposite parties are directed to process the claim of the complainant within 30 days of receipt of the copy of order along with interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite parties are also directed to deduct the paid money to the complainant from the total amount .The opposite parties are also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 20.12.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
