Karnataka

Bangalore 4th Additional

CC/2707/2017

Mr. Dilip Balakrishna, - Complainant(s)

Versus

M/s MakeMyTrip India Pvt Ltd., - Opp.Party(s)

26 Jul 2018

ORDER

Complaint filed on: 06.10.2017

                                                      Disposed on: 26.07.2018

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

CC.No.2707/2017

DATED THIS THE 26^th JULY OF 2018

PRESENT

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

PRESIDENT: SRI.S.L.PATIL

1.       This complaint has been filed by the complainant as against the Opposite Parties directing to refund of Rs.16746/- full value of ticket, to pay liquidated damages of Rs.25,000/- for negligence and unfair trade practice, to pay a cumulative interest at 18% p.a., to pay further future interest till the date of settlement, to pay costs of this complaint and to grant such other reliefs including compensation.

2.       The brief facts of the case of the complainant are that the Complainant had purchased an online round-trip Air ticket from Bengaluru to Jaipur on 2.2.2017 through 1^st Opposite Party that service <th hour, the Complainant incurred additional expenses for booking fresh ticket in other airlines. On 28.2.2017, the Complainant received mail from the 1^st Opposite Party that service <

Quote “Dear Customer,

This mail is regarding your to flight booking NF2261385992323 on Air Costa. As per the recent update, all Air Costa Flights are grounded starting from 28 Feb 2017 till further notice due to operational issues.

We request you to cancel your flight and make an alternate by booking on line on web or the mobile app. We will initiate the refund as soon as we received the credit from airlines for your booking. Unquote”    

The Complainant submits that as per the direction of the 1^st Opposite Party has cancelled the air ticket and the same has been confirmed by the 2^nd Opposite Party vide E-mail dt.17.3.2017 at 2.40 pm and promised that they would refund the full amount within 20-25 days.     The Complainant made several reminders. The 1^st Opposite Party has sent reply stating that they are continuously following up with 2^nd Opposite Party. The contention of the 1^st Opposite Party is untenable and unwarranted and inspite of several attempts, the Opposite Party failed to refund the ticket amount. Thereby the Opposite Parties are jointly and severally committed negligence and insufficient service which attract section 12 of the CP Act. Hence, the Complainants submit to allow the complaint.

3. Notice was ordered to the Opposite parties 1 and 2. Inspite of notice duly served on them, they did not appear, hence placed exparte.

4. The complainant to substantiate his case authorized his father by executing the special power of attorney to appear and file his affidavit evidence and got marked as Ex-A1 to A6. The complainant has also filed written arguments. Heard the learned counsel for the Complainant.

           5. The points that arise for our consideration are:

       1) Whether the Complainant proves the deficiency in service on

            the part of the OPs, if so, whether he is entitled for the relief

            sought for?

        2) What Order?

6.  Our answers to the above points are as under:

Point No.1 : Affirmative

Point No.2 : As per the final order for the following

REASONS

7. POINT NO.1 :   We have briefly stated the contents of the complaint. Even though the notices were duly served on the Ops 1 and 2, they did not appear to oppose the claim of the complainant. Under such circumstances, non-appearance/non-filing of the version, amounts to an admission with regard to the grievance of the complainant, in the light of decision reported in 2018 (1) CPR 314 (NC) in the case of M/s Singla Builders & Promoters Ltd., V/s Aman Kumar Garg.

8.       Anyhow we place reliance on the contents of the available material on records for just disposal of this case. The cancellation of the Air Costa flight is not in dispute. In this context, there is an E-mail correspondence between the 2^nd Opposite Party with the Complainant. It is also not in dispute that after the cancellation of the flight Air Costa, the Complainant and his wife have no other go except to opt for alternative airlines i.e. Indigo Airlines. Accordingly, they have booked the air ticket in the Indigo Airlines for their itinerary as explained in Para-3 of the complaint. It is also not in dispute that on 28.2.2017, the Complainant received mail from the 1^st Opposite Party stating that

Quote “Dear Customer,

This mail is regarding your to flight booking NF2261385992323 on Air Costa. As per the recent update, all Air Costa Flights are grounded starting from 28 Feb 2017 till further notice due to operational issues.

We request you to cancel your flight and make an alternate by booking on line on web or the mobile app. We will initiate the refund as soon as we received the credit from airlines for your booking. Unquote”    

This fact is substantiated by Ex-A4. With regard to the payment of Rs.16746/- in respect of the Air Costa ticket is also proved by the Complainant by producing the credit card E-statement marked as Ex-A3. On cancellation of the flight by Air Costa, it ought to have refund the said amount to the Complainant covered under Ex-A3, but they did not refund. The learned counsel for the Complainant rightly brought to the notice of this forum placing reliance on the contents of Ex-A5 which is the E-mail sent by the 2^nd Opposite Party to the Complainant stating that “ We would like to inform you that full refund will be processed to your respective travel agency credit limit (Makemytrip) within 20-25 working days. So we are requesting you to check with respective travel agency regarding full refund (ticket amount)”. The 2^nd Opposite Party has clearly admitted for the refund of the said amount covered under Ex-A3. Under such circumstances, it is needless to discuss in detail as admitted fact need not be proved u/s 58 of the Evidence Act. In this view of the matter, we come to the conclusion that Opposite Parties 1 and 2 are jointly and severally liable to pay an amount of Rs.16,746/- with interest at the rate of 6% p.a. from the date of cancellation of the flight to till the date of realization to the Complainant which is the full value of the ticket. With regard to the liquidated damages, negligence and unfair trade practice are concerned, the Complainant sought for an amount of Rs.25,000/-. The cancellation of the air ticket without assigning valid reasons, the Complainant and his wife put into great hardship. In this context, we feel it just and proper to award Rs.5,000/- by way of compensation and also for unfair trade practice. Further, we deem it just and proper to fix an amount of Rs.2,000/- towards cost of litigation.  Accordingly, this point is answered in the affirmative.

9.       POINT NO.2: In the result, we pass the following:

ORDER

The complaint filed by the Complainant is allowed. The Opposite Parties 1 to 2 are jointly and severally liable to pay Rs.16,746/- to the Complainant being the full value of the air ticket with interest at the rate of 6% p.a. from the date of cancellation of the flight to till the date of realization of the said amount. We also direct the Opposite Parties 1 and 2 are jointly and severally liable to pay an amount of Rs.5,000/- being compensation with cost of litigation of Rs.2,000/-.

The Opposite Parties are directed to comply this order within 6 weeks from the receipt of this Order. Failing which, the Complainant is at liberty to take proper steps as per law.

Supply free copy of this order to both the parties.

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the open Forum on 26^th July 2018).

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

M.Balakrishna., who being the Special Power of Attorney holder of the Complainant filed affidavit evidence. 

Copies of Documents produced on behalf of Complainant/s: