Chandigarh

DF-I

CC/460/2019

Krishan Singla, Advocate - Complainant(s)

Versus

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

Devinder Kumar

04 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/460/2019
Date of Institution	:	22/05/2019
Date of Decision	:	04/10/2019

 

 

Krishan Singla, Advocate, S/o Late Sh. R.S. Singla, Chamber No.73, District Court, Chandigarh.

…..Complainant

 

V E R S U S

 

M/s Make My Trip, through its Branch Manager, SCO 169-170, Sector 8-C, Chandigarh.

……Opposite Party

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                       

ARGUED BY	:	Sh. Devinder Kumar, Counsel for Complainant.
	:	Opposite Party ex-parte.

 

PER SURJEET KAUR, MEMBER

1.         In brief, the Complainant had to travel from Chandigarh to Mumbai after every three-four months as per the doctor’s appointment in connection with the homeopathy treatment of his wife Smt. Neelam Singla.  The Complainant took an appointment for 14.05.2019 and accordingly booked tickets from Chandigarh to Mumbai and back online from his Chamber, through his credit card of HDFC for Rs.25,769/-. However, the ticket from Bombay to Chandigarh has been cancelled due to jet airways business crisis. Thus, the Complainant requested the Opposite Party for accommodation in some other flight, which was denied. The Complainant accordingly sought refund, upon which he was told that he is entitled for the refund of Rs.13,180/-, but when the refund was delayed, the Complainant served a legal notice through e-mail on 27.04.2017, but to no effect. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Party did not turn up in spite of service, as such, it was proceeded ex-parte.
4.         Complainant led evidence.
5.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Complainant.
6.         Significantly, the Opposite Party did not appear to contest the claim of the Complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the Complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.         In the present circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine as he has been made to run from pillar to post for no fault on his part. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have initiate steps to redress the grievance of the Complainant promptly, which they failed to do. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant, despite having approached for the same by the Complainant time and again not only amounts to deficiency in service, but is a grave malpractice under the Consumer Protection Act.
8.         In the light of above discussion, this consumer complaint deserves to succeed. The same is accordingly partly allowed.  Opposite Party is directed as under :-

(i)     To refund the amount of Rs.13,180/- to the Complainant.

(ii)    To pay Rs.5,000/- as compensation to the complainant for the deficiency in service, unfair trade practice and harassment caused to him.

(iii)    To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

9.         This order shall be complied with by Opposite Party within one month from the date of receipt of its certified copy, failing which, Opposite Party shall be liable to pay interest @9% p.a. on the amounts mentioned at Sr.No.(i) & (ii) from the date of filing the complaint till realization, besides paying litigation expenses mentioned at Sr. No.(iii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
04/10/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”