DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.605 of 2015
Date of institution: 09.11.2015 Date of decision : 20.11.2017
M/s Goodwill Enterprises through its Partner Shri Harpreet Singh, Plot No.169, Industrial Area, Phase IX, Mohali, Punjab.
……..Complainant
Versus
M/s Make My Trip( India) Pvt. Limited, Tower-A, SP Infocity, 243, Udhog Vihar, Phase –I, Gurgaon, Haryana 122016 through its representative Jyoti.
…..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President Shri Amrinder Singh Sidhu, Member.
Mrs. Natasha Chopra, Member.
Present: Shri Harpreet Singh, Partner of the complainant company.
Shri Naveen Sharma, counsel for the OP.
ORDER
By Ajit Pal Singh Rajput, President
Complainant, M/s Goodwill Enterprises, Plot No.169, Industrial Area, Phase IX, Mohali, Punjab, has filed this complaint through its Partner Shri Harpreet Singh against the Opposite party (hereinafter referred to as “the OP”) under Section 12 of the Consumer Protection Act 1986. The brief facts of the complaint are as under:
2. The complainant had booked a return ticket on 15.10.2014 i.e. from Delhi to Guangzhou, China for 23.11.2014 and Guangzhou to Delhi for 28.11.2014 and paid an amount of Rs.38,071/- to the OP through his bank account No.20102800683. The information regarding remittance of Rs.38071/- was made to the OP over telephone but the OP informed that the same was not reflecting in the account of the OP, as such, the complainant was told to deposit a sum of Rs.6,000/- to proceed further, which is refundable. The complainant paid the said amount of Rs.6,000/- from his personal bank account bearing No.50100016012350 maintained with HDFC Bank Limited. The ticket for China (to and fro) was issued by the OP and the amount of Rs.6,000/- was also refunded to the complainant on 23.10.2014. Due to some personal reasons, the complainant could not proceed to China as per the schedule fixed, as such, he made request to the OP to cancel the ticket booked on 15.10.2014. The OP had informed the complainant through e-mail that an amount of Rs.30,271/- was to be refunded to the complainant by 22.11.2014 and rest of amount shall be deducted. Thereafter, on 21.11.2014, the complainant was surprised and shocked to see that an amount of Rs.24,271/- was refunded by the OPs instead of Rs.30,271/-. The complainant immediately contacted the representatives of the OP to confirm about the remaining payment being deducted illegally by the OP. Thereafter the OP demanded the account statements and despite providing the same on 27.12.2014, the OP has not refunded the said amount being deducted illegally. The act and conduct of the OP amounts to deficiency in service and unfair trade practice on its part. Hence, this complaint for giving directions to the OP to refund the amount of Rs.6,000/- being illegally deducted by the OP and further to pay Rs.1,00,000/- as compensation on account of mental agony, harassment and humiliation being faced by the complainant and Rs.15,000/- as cost of litigation.
3. The OP failed to file the reply to complaint within the stipulated period. Hence, the right to file the reply by the OP was struck off vide order dated 22.01.2016.
4. In order to prove his case the Partner of the complainant tendered in evidence his affidavit Ex. CW1/1, copy of bank statements Ex. C-1 and C-2, ticket Ex. C-3, cancellation report Ex. C-4 and emails Ex. C-5. In rebuttal the counsel tendered in evidence affidavit of Sh. Ankita Mishra, Assistant Manager (Legal) of the OP Ex. OP1/1, copies of resolution dated 04.01.2016 Ex. OP-1 and terms and conditions Ex. OP-2.
5. We have heard partner of the complainant and learned counsel for the OP and have gone through the pleadings, evidence and written arguments of the complainant. The controversy in the present complaint is non receipt of Rs.6,000/- by the complainant from the OP which was paid by the complainant towards booking of air ticket. However, the counsel for the OP has made a statement on 10.10.2017 that due to technical reasons the refund of Rs.6,000/- was not processed and now the OP is willing to refund Rs.6,000/- to the complainant. In view of this statement, it is thus clear that there is deficiency in service on the part of the OP in remitting Rs.6,000/- to the complainant. Thus, for this deficiency in service of the OP, the complainant deserves to be compensated for the harassment and mental agony he has suffered. Accordingly, in view of the admission of the OP in not refunding the amount of Rs.6,000/-, the complaint is allowed.
6. Accordingly, in view of our aforesaid discussion, we direct the OP to refund to the complainant Rs.6,000/- (Rs. Six Thousand only) to the complainant alongwith interest @ 12% per annum w.e.f. 21.11.2014 (the date when the OP has refunded the amount of Rs.24,271/- to the complainant), till the actual date of refund. We also find that complainant is entitled to a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) on account of mental agony, harassment and litigation cost. The present complaint stands allowed.
The OP is further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.
The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 20.11.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
