Chandigarh

DF-II

CC/684/2020

Gaurav Gulati - Complainant(s)

Versus

M/s Make My Trip Pvt. Ltd. - Opp.Party(s)

In Person

18 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	684 of 2020
Date  of  Institution	:	15.12.2020
Date   of   Decision	:	18.09.2024

 

 

 

 

Gaurav Gulati s/o Sh.Rakesh Kumar Gulati, R/o #746, Sector 7, Karnal, Haryana 132001.

             … … … Complainant

 

Versus

M/s MakeMyTrip Pvt. Ltd., B-36, First Floor, Pusa Road, New Delhi-110005, India.

   … … … Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.SURESH KUMAR SARDANA,       MEMBER

                               

Argued by:    Complainant in person.

Ms.Kusum Kaushik, Advocate Proxy for Sh.Nitin Bhasin, Counsel for OP. 

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that on 08.01.2020, he booked an outstation return prepaid cab through the OP for travelling to Shimla from Chandigarh on 18.01.2020 & return on 19.01.2020 and paid an amount of Rs.3819/-. As per the booking confirmation message sent by the OP on whatsapp to the complainant, the name of the driver was Akshay Kumar and the Cab Number was PB01 B 5686.

    It is submitted that the OP sent the cab bearing No.HP01 A 6246. On arriving at Shimla on 18.01.2020, the driver dropped the complainant and his friends at Mall Road, Shimla and left the venue by stating that he has a house nearby and will be come back to pick up the complainant as and when complainant desires. It is submitted that after few hours, the complainant called up the driver to come and pick up him from the Mall Road. The driver did not turn up, rather he told the complainant that due to snowfall the roads have been blocked and there is huge traffic jam and it would not be possible for him to come and pick up the complainant. The complainant asked the nearby native people, who told that roads are completely functional and there is no traffic jam since the quantum of snow is very less. The complainant then boarded a local bus and went back to the hotel where he was staying. It is further submitted that during the evening, the complainant called up the driver to pick up him from the hotel as he wanted to go out for dinner. When driver did not turn up, complainant booked a local cab on his own expenses and went out for dinner. The complainant called up the OP and asked them for a new cab for returning to Chandigarh with a new driver. On 19.01.2020, a different driver with a different cab came to pick up the complainant and his friends from the Hotel. It is submitted that cab sent by the OP was in a deplorable condition and also different than what was mentioned in the official e-mail sent by OP. It is further stated that on 21.01.2020, the complainant raised the matter with the OP and after various calls & messages, the OP agreed to refund of Rs.430/- for inconvenience caused to the complainant. It is submitted by complainant that amount spent by him for local bus and cab journey in Shimla was around Rs.600/- which is more than the amount of compensation being offered by OP. On rejected the compensation by complainant, the OP marked the complaint as resolved and closed the matter. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OP with a prayer to direct the OP to refund Rs.3819/- for the outstation cab and compensation for mental agony and harassment, litigation expenses.

 

2]       OP appeared and filed written version and while admitting the factual matrix of the case stated that after the issuance of confirmed bookings, the OP is discharged from its obligation and liability qua the said bookings and the service provider-consumer relationship ends. It is stated that it was mentioned in the e-ticket that the complainant shall be provided with ‘Maruti Suzuki Dzire or Similar’ and that the make of the cab would be subject to availability. It is stated that the OP duly provided the cab with a superior make i.e. ‘Toyota Corolla’ in place of the assigned ‘Maruti Suzuki Dzire’ to the complainant. It is denied that weather conditions on the concerned dates in Shimla were normal and the traffic was functional. It is stated that in the days following the concerned dates of 18-19^th January, 2020, there was heavy snowfall in the area of Shimla to the extent that certain roads and tunnels had to be cleared. It is stated that can service was not provided due to bad weather conditions. It is denied that the OP did not provide able assistance to the complainant. It is stated that despite being provided with a superior cab and superlative, proactive services from the OP, the complainant has filed the present frivolous complaint only to extort undue monetary advantage from the OP.

    It is further submitted that OP offered a reimbursement of Rs.430/- in accordance to the expenditure borne by the complainant, but the same was denied by the complainant himself, hence the present complaint deserves dismissal at the threshold of the complainant relinquishing all his rights qua the OP. Denying any deficiency in service or unfair trade practice as well as all other allegations, the OP has prayed for dismissal of the complaint. 

3]       Replication has also been filed by the complainant controverting the assertions of OP as made in their written version.

4]       Parties led evidence in support of their contention.

5]       We have heard the complainant & learned counsel for the OP and have gone through entire documents on record.

6]      The main point for consideration is whether the OP was deficient in rendering service to the complainant or not?

    The complainant booked the outstation return prepaid cab through the OP for the purpose of travelling to Shimla from Chandigarh on 18.01.2020 & return on 19.01.2020 and for this purpose the complainant made payment of Rs.3819/- (Annexure 1).

    The complainant has alleged in his complaint that ‘Driver’ dropped them at Mall Road, Shimla, with a promise to be available at the call of the complainant but did not come for pick up when called by the complainant which as per complainant is deficiency but OP rebutted the same on the ground that he could not come for pick up as there was heavy snow fall and jam of traffic on the road. In order to prove the same, OP has placed on record the report of Internet January 18, 2020 containing head line ‘Fresh Spell of Snow in Shimla, Kufri ; hundreds rescued in nightlong operation’ (Annexure R-3) wherein Weather Temperature of Shimla was mentioned Max 9.0ºC Min 0.6ºC. Hence, it is evident that there was reasonable cause for the driver not to pick up the complainant and his friend. Complainant has submitted that he has spent Rs.600/- for Local Bus and Cab Journey in Shimla and OP has offered him Rs.430/- for the expenditure on Local Journey which he refused to accept. Though complainant has submitted that he spent Rs.600/- for Local Bus & Cab Journey but did not provide any proof of the same. He refused to accept Rs.430/- offered by OP as charges spent on Local Journey which seems to be genuine in the absence of proof of expenditure of Rs.600/- for the same. The complainant has not even placed on file the affidavit of his friend to prove the facts as his friend is sole witness to the above mentioned events.

    Last, allegation was that on 19.01.2020, OP sent different driver with a different cab to pick up the complainant and his friend from Hotel, which was in deplorable condition and also different that what was mentioned in the official e-mail sent by OP. In written version, OP rebutted the same by referring the complainant’s own document Annexure-2 wherein OP has mentioned ‘cab type/brand:Dzire or Similar’. OP stated that he promised to provide ‘Maruti Suzuki Dzire’ or ‘Similar Cab’ to be provided but in fact provided ‘Toyota Corolla’ in place of ‘Maruti Suzuki Dzire’ which is superior cab than to be provided one. The complainant failed to prove on file the allegation made by him upon the OP except the admission of OP that he has ready to pay Rs.430/- for the Local Journey charges spent by him which he refused to accept. Hence, as discussed above that OP could not come present to pick up complainant and his friend due to heavy snow fall in Shimla on 18.01.2020 and provided a superior cab i.e. ‘Toyota Corolla’ instead of ‘Maruti Suzuki Dzire’, so there is no deficiency or negligence on the part of OP and the complaint is liable to be dismissed and the same is dismissed accordingly.

7]       The pending application(s) if any, stands disposed of accordingly.

         The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

18.09.2024                                                  

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER

as