Chandigarh

DF-I

CC/433/2015

Mandeep Singh Saini - Complainant(s)

Versus

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

In person

30 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

 

 

                               

Consumer Complaint No.	:	CC/433/2015
Date of Institution	:	13/07/2015
Date of Decision	:	30/05/2016

 

 

Mandeep Singh Saini s/o Sh. Manmohan Singh Saini r/o 1736, Sector 34D, Chandigarh

…..Complainant

V E R S U S

1.     M/s MAKEMYTRIP (India) Pvt. Ltd. Makemytrip.Com, 243 SP Infocity, Udyog Vihar Phase 1, Gurgaon, Haryana – 122 016, India through Proprietor Manager.

2.     Managing Director, M/s MAKEMYTRIP (India) Pvt. Ltd. MAKEMYTRIP.COM, 243 SP Infocity, Udyog Vihar Phase 1, Gurgaon, Haryana – 122 016, India.

3.     Vishal Patel, Travel Expert, Direct No.079-61602555, MAKEMYTRIP.COM, 243 SP Infocity, Udyog Vihar Phase 1, Gurgaon, Haryana – 122 016, India.

……Opposite Parties

 

 

QUORUM:	DR. MANJIT SINGH	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                                               

               

ARGUED BY	:	Complainant in person.
	:	Sh. Naveen Sharma, Counsel for OPs.

         

PER DR. MANJIT SINGH, PRESIDENT

1.         Sh. Mandeep Singh Saini, complainant has brought this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against M/s Makemytrip (India) Pvt. Ltd. & others, Opposite Parties (hereinafter called the OPs) claiming compensation on account of deficiency in service and unfair trade practice in providing him the tour package.

                The facts, in brief, are that the complainant decided to spend the summer vacations abroad.  OP-3, induced the complainant to visit Dubai. The complainant was informed about a package namely Dubai trio pack and the complainant was to pay Rs.60,800/- per person.  On 22.5.2015, an email (Annexure C-1) was received by the complainant and he was asked to pay a sum of Rs.20,000/- in advance with the OPs and the remaining amount before 10.6.2015.  The complainant deposited the whole amount of Rs.1,21,891/-. Later on, vide Annexure C-2 the itinerary was changed subtracting some of the privileges in the tour. The OPs also sent the important information about the trip vide Annexure C-3.  The complainant was informed that there would be Ramadan festival in the UAE and, as such, the UAE Govt. was very strict and there were some restrictions and prohibitions. The booking details and vouchers were not provided to the complainant in spite of his booking till the full and final payment was received by the OPs. After receiving the full and final payment, an email was received by the complainant about important restrictions about Ramadan.  The complainant by that time had no option, however, he wrote an email to the OPs asking why he was not informed about the said restrictions before booking the trip.  It is further alleged that while reaching at UAE, he realized that he has been fooled by the OPs while not disclosing the details of Ramadan festival beforehand. No one had come to assist the complainant when he was dropped to hotel in Abu Dhabi. The complainant sent an email to the OPs, but, to no avail.  The complainant has alleged that he is entitled to compensation to the tune of Rs.50,000/- and also costs of litigation to the tune of Rs.20,000/-.

2.         The OPs resisted the allegations of the complainant while filing their joint written statement taking the preliminary objections that the complaint is not maintainable as per law; the complaint has been filed on mere conjectures and surmises; the complaint is wholly misconceived, vexatious, misleading, false and frivolous and no case is made out against the OPs.  Jurisdiction of Forum has also been denied. It is alleged that OP-2 being the Managing Director has no direct involvement in the booking in question made by the complainant. The user agreements are duly binding on the parties and in view of the judgment in Bharathi Knitting Co. Vs. DHL Worldwide Express Courier, (1996) 4 SCC 704, the Forums and Commission are not entitled to modify the terms of the agreement which has been arrived at between the parties and the parties should be referred to the civil court. Reference has also been made to the judgments in Patel Roadways Ltd. Vs. Birla Yamaha Ltd., Appeal (Civil) No.9071 of 1996 and Citicorp Maruti Finance Ltd. Vs. S. Vijayalakshmi, Civil Appeal No.9711 of 2011 passed by the Hon'ble Supreme Court. It is alleged that the restrictions were informed to the complainant before the trip and he was also informed about the special rules in Dubai during Ramadan before the commencement of trip in question and a briefing sheet in this respect was also provided to the complainant intimating the Dos and Don’ts that needed to be adhered to during the trip.  None of the attractions as such were curtailed by the OPs and the complainant visited all the places as per the agreed schedule plan.  It is further alleged that barring the special rules imposed by the government of UAE, which were beyond their control, the complainant utilized the entire trip. Thus, the OPs prayed for dismissal of the complaint.
3.         The parties led evidence in support of their contentions. 
4.         We have gone through the record, including the written arguments of the complainant, and heard the arguments addressed by the complainant in person and learned Counsel for the OPs.
5.         It is an admitted fact that the complainant was provided a tour package namely Dubai trio pack and he made the payment by depositing the whole amount to the tune of Rs.1,21,891/- for two persons. Annexure C-1 is the copy of email which was sent by the OPs to the complainant about the package. This email was received by the complainant on 22.5.2015. The complainant was to make the advance payment of Rs.20,000/- and the remaining amount was to be deposited  before 10.6.2015, which was deposited by him. Thus, it is proved that as per Annexure C-1, the complainant deposited the whole amount to the tune of Rs.1,21,891/- on or before 10.6.2015. 
6.         Annexure C-1 also provides the package details as well as the package itinerary.  This email nowhere indicates that it was the month of Ramadan and during this month all the facilities mentioned in Annexure C-3 would not be available and there would be restrictions in entertainment programmes etc. After receiving Annexure C-1, the complainant sent email dated 1.6.2015 to the OPs to update him about his future booking of airlines and hotel rooms etc. Even at that time, no information was supplied to him about the restrictions at Dubai.  The OPs received the whole of the amount on or before 10.6.2015.  Till that date, the complainant was kept in dark about the restrictions imposed by the government at Dubai.  Annexure C-2 clearly proves that on 13.6.2015 a revised itinerary was sent and as per the revised itinerary, the complainant was informed about the important information regarding Ramadan.  The said important information in the shape of restrictions during the month of Ramadan are as under :-

• During Ramadan – There will be no entertainment show – like belly Dancing, Tanura show at Desert Safari and Dhow cruise.
• Liquor is not served at Safari Camp & public places.
• It is respectful and polite to dress more conservatively during Ramadan – shoulders and legs should be covered.
• Bars in Dubai are usually still open after sunset, Live and loud music is banned, so is dancing, so most nightclubs in Dubai will be closed or very quiet.

7.         It is argued by the learned counsel for the OPs that the complainant enjoyed the whole trip and barring the special rules imposed by the government of UAE, there was no curtailment in the entertainment and the tour programme. As such, the complainant has no cause of action or grievance.
8.         The email (Annexure C-1) sent by the OPs to the complainant mentions about the tour package and provides the package itinerary as under :-

“Package itinerary

Day 1 : Arrival in Dubai + Transfer to Abu Dhabi

Welcome to the delightful city of Dubai – a land of surprises surrounded by mysterious deserts and sand dunes, a complete destination in itself.  Upon arrival, meet our representative outside the airport, who shall guide you to your coach.  Enjoy a comfortable drive to your hotel at Abu Dhabi.  After checking-in, visit the world’s largest indoor and the first Ferrari-themed amusement park in the world, featuring over 20 electrifying attractions, including the world’s fastest roller coaster – The Formula Rossa and also experience official merchandise & souvenirs shopping at one of several stores all over the park. Stay overnight at Hotel.

                Abu Dhabi : Explore Yas Water Park

                After Breakfast : Enjoy your day Yas Water world Abu Dhabi is the UAE’s first mega water park, set across 15 hectares of the exciting entertainment complex that is Yas Island. The park offers 43 rides, slides and attractions that will thrill the whole family.  Visitors will experience fun and adventure on rides and attractions never seen before in water parks, such as the world’s longest, fastest tornado waterslide, the region’s first looping waterslide and the world’s first interactive water and laser rollercoaster.  Its award-winning theme – based on an original story developed exclusively for the water park – pays tribute to the Emirati culture with the UAE’s pearl-diving heritage at the core, and will provide an unforgettable experience for young and old. Stay overnight at the hotel.

Transfer from Abu Dhabi to Dubai Hotel + Desert Safari

After breakfast, check-out from the hotel in Abu Dhabi.  You will be transferred to Dubai.

Desert Safari with Dinner : Desert Safari and BBQ:

You will get picked up from your hotel for the desert safari, a ride over the sand dunes followed by a barbeque dinner and belly dance performance in the desert-another Dubai essential.The Desert Safari begins early evening with dune bashing, and is followed by barbeque dinner at a traditional Bedouin campsite.

Dubai City Tour

Dubai City Tour : Take a half day city tour of Dubai on SIC basis.  Visit the Dubai Museum, and stop to take pictures at Burj Al Arab, Jumeirah Mosque, Burj Khalifa and Dubai Mall, among others.

Dhow Cruise

Dhow Cruise : Spend the evening cruising the Dubai Creek on a dhow cruise, with music and lights – a signature experience that cannot be missed while in Dubai.  This is a one hour evening cruise that includes dinner on the Dhow itself.

Departure

Leisure : Spend the day at your leisure. Take a walk down the Jumeirah beach or discover the Dubai Museum and Sheikh Saeed Al Makhtoum’s House with entry tickets provided in the package.

Departure : Leave for the Dubai airport in a bus on Seat in Coach basis.”

The important information which was supplied to the complainant provides that during the month of Ramadan i.e. the tour period of the complainant, there would be no entertainment show like belly dancing, Tanura show at desert safari and Dhow cruise; the liquor was not be served at safari camp and public places; one could not eat, drink or smoke in public during daylight hours; one was to dress more conservatively – shoulders and legs should be covered and Bars in Dubai are usually still open after sunset, live and loud music was banned, so was dancing, so most nightclubs in Dubai would be closed or very quiet. 

9.         The complainant is not a Mohammedan. He is a Hindu. The purpose of his visit to Dubai was not a religious one, but, he was there to enjoy his holidays, have fun there, have the food of his choice, move freely and wear the dresses as per his liking. He was also to visit the clubs, see the belly dancing, dhow cruise, desert safari and Tanura show etc.  So, the restrictions which were already imposed during the month of Ramadan were not favourable to the complainant.  Instead of having good enjoyment or fun, the complainant had the restrictions even to drink at the public places during daylight hours. He was not to be served liquor at safari camp and other public places which he otherwise would have been entitled to, had there been no restrictions.  The complainant bought this tour package for enjoying the holidays, but, the restrictions, which he had to face at Dubai, because of the month of Ramadan or Ramadan celebrations made his trip unpleasant and the restriction not to eat, drink or smoke during daylight hours made his stay there even miserable. Had the complainant been informed about these restrictions in Ramadan month well in advance, there was no reason for him to visit Dubai and spoil his vacations.  No doubt, the complainant has availed the facilities and visited Dubai, but, he could not enjoy his vacations as well as he could have enjoyed had there been no such restrictions.  It is true that the restrictions were imposed by the government of UAE and not by the OPs, but, since the OPs are in the profession of tourism, they must have been aware about such restrictions during the month of Ramadan. Every year such type of restrictions are imposed.  So, it cannot be said that the OPs were ignorant about these restrictions. The OPs fraudulently concealed this information from the complainant and made fool of him.  It cannot be said that very few facilities were restricted because the entertainment show like belly dancing, Tanura show at desert safari and Dhow cruise are the major attractions for the tourists and consumption of liquor at safari camp is also a great source of entertainment for the tourist.
10.         Since the OPs did not inform the complainant well in time about the restrictions which were to be followed during the tour programme, so, it was not possible for the complainant to change his programme at the eleventh hour.  Had the complainant changed his programme then it would have been very difficult for him to make alternative arrangements and he would even had to face the financial losses as the complainant would not have been in a position to get the 100 % refund from the OPs as per the terms and conditions of the package. 
11.         Since the complainant has availed the tour package and visited Dubai, so he is not entitled to refund of the money, but, at the same time, since the complainant could not enjoy the trip fully and had to face unnecessary restrictions, so he can be compensated for the harassment, mental agony suffered by him and for curtailment of his entertainment and enjoyment during the trip.
12.         Taking into consideration all the facts and circumstances narrated above, we have no hesitation to hold that there is deficiency in service on the part of the OPs.  Hence, the present complaint deserves to succeed. The same is accordingly partly allowed. The OPs are directed as under:-

 (i)    To pay Rs.20,000/- as compensation to the complainant for the mental agony, harassment caused and for curtailment of his entertainment and enjoyment;

(ii)    To pay Rs.5,000/- as costs of litigation to the complainant. 

13.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amount mentioned at Sr.No.(i) above, alongwith interest @ 12% per annum from the date of filing of the present complaint till realization, apart from compliance of direction at Sr.No.(ii) above.
14.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
30/05/2016	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Dr. Manjit Singh]
hg	Member	Member	President