DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 228/2018
D.No._______________________ Dated: __________________
IN THE MATTER OF:
VIRAG KUMAR AGARWAL,
S/o SH. HARI OM AGARWAL,
R/o AC-127-A, SHALIMAR BAGH,
DELHI-110088. … COMPLAINANT
Versus
1. M/s MAKEMYTRIP INDIA PVT. LTD.,
HEAD OFFICE: DLF BUILDING No.-5,
TOWER-B, DLF CYBER CITY, DLF,
PHASE-2, SECTOR-25, GURUGRAM,
HARYANA-122002.
2. M/s GO AIRLINES (INDIA) LTD.,
TERMINAL-2, IGI AIRPORT,
NEW DELHI-110037. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.04.2018
Date of decision:03.12.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPs under Section 12 of the Consumer Protection Act, 1986 therebyalleging
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that the complainant wanted to go on a family trip to OOTY & Coorg (Tamil Nadu) via Bengaluru during summer vacations of the year-2017 and on 14.05.2017, the complainant booked two tickets bearing PNR no. J9R6NP & flight no. 6E-273 of Indigo Airlines through OP-1 on the website “makemytrip.com” for his daughters from Delhi to Bengaluru on 08.06.2017. On 15.05.2017, the complainant booked 2 more tickets bearing PNR no.S82H9M & flight no. SG-143 of Spice Jet through OP-1 on the above said website for himself and his wife from Delhi to Bengaluru on 12.06.2017. On 15.05.2017, the complainant also booked a return ticket bearing PNR no. E1162E & flight no. G8-557 of OP-2 through OP-1 on the above said website for all the said 4 persons from Bengaluru to Delhi on 18.06.2017 against online payment of Rs.16,488/- and immediately the complainant realized that instead of booking return ticket from Bengaluru to Delhi and the ticket was mistakenly booked from Delhi to Bengaluru and the said mistake happened due to complex procedure of online booking of air tickets on the above said website. Thereafter, within next few seconds, the complainant applied for cancellation of said ticket requesting the refund of said charges and the same was allowed by OPs vide cancellation no. IN1705R4S3982193. The complainant further alleged the complainant repeatedly requested OPs either to adjust the said booking amount of Rs.16,488/- towards booking of correct
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ticket from Bengaluru to Delhi or refund the said booking amount so that the complainant could book the ticket afresh and no heed was paid to the repeated requests of the complainant and only a partly sum of Rs.5,488/- out of Rs.16,488/- was refunded to the complainant. Thereafter, having no option, the complainant booked another ticket bearing PNR No.G4NFHV and flight no. SG-150 with Spice Jet Ltd. on the same day i.e. 15.05.2017 from Bengaluru to Delhi on 18.06.2017 and the complainant made repeated requests to OPs for refund of his balance amount of Rs.11,000/- and OPs kept on avoiding the same on one pretext or other despite the fact that no loss or any fiscal injury was caused to OPs due to immediate cancellation of said ticket by the complainant. The complainant further alleged that air ticket was mistakenly booked from Delhi to Bengaluru instead of Bengaluru to Delhi due to complex procedure of online booking of air tickets on the said website and OPs were liable to refund the entire booking amount of Rs.16,488/- to the complainant as no loss on any account was caused to OPs due to immediate cancellation of said air ticket and even seats against the allowed PNR No. E1162E were not allotted/ confirmed and were to be allotted and confirmed only 24 hours before the start of journey and as such withholding the refund of booking amount by OPs is not only illegal, arbitrary, unfair and unjust but is also against the public policy and amounts to deficiency in service of OPs.
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2. On these allegations the complainant has filed the complaint praying for direction to OPs to pay jointly as well as severally a sum of Rs.11,000/- to the complainant towards balance amount against cancellation of air ticket bearing PNR No. E1162E and Flight no.G-8-557 as well as compensation of Rs.50,000/- for causing him mental agony and harassment and has also sought Rs.25,000/- towards litigation expenses.
3. None for OP-2 has appeared on 28.05.2018 despite service of notice as per track report on 20.04.2018 and as such OP-2 has been proceeded ex-parte vide order dated 30.07.2018.
4. Only OP-1 has been contesting the case and has filed reply and submitted that the complaint is not maintainable and is liable to be dismissed. OP-1 further submitted that the complainant was refunded a sum of Rs.5,488/- out of Rs.16,488/- on the same day i.e. on 16.05.2017 and again on 19.05.2017 OP-1 processed refund of Rs.2,100/- which was inclusive of OP-1 service fee and convenience fee and as such a total sum of Rs.7,588/- was refunded to the account of the complainant i.e. Rs.5,488/- on 16.05.2017 and Rs.2,100/- on 20.05.2017. OP-1 further submitted that there remains no human/manual interference at the end of OP-1 and the booking was generated automatically which was negligently fed by the complainant at the time of booking and the complaint is without of any cause of action and there is no deficiency in service on the part of OP-1.
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5. The complainant filed replication and denied the contentions of OP-1. However, the complainant admitted refund of partial booking amount of Rs.7,588/-.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copies of booking tickets through OP-1, copy of Air Ticket and copy of statement of account of the complainant.
7. On the other hand, Sh. EkankMehra, Deputy Manager-Legal and Authorized Officer of OP-1 filed his affidavit in evidence. OP-1 also filed copy of authorization in favour of Sh. EkankMehra and also filed copy of agreement between the user and Makemytrip. OP-1 has also filed written arguments.
8. This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record by the complainant. The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelievethe case of the complainant.
9. During course of arguments, the complainant relied on guidelines issued by office of the Director General of Civil Aviation, New Delhi vide File No. 23-16/2016-AED w.e.f. 01.08.2016 as per Civil Aviation Requirements on the issue of Refund of Airlines Tickets to Passengers of Public Transport Undertakings.
10. Civil Aviation Requirements no. 3 provides as under:
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(c) in case of purchase of ticket through travel agent/portal, onus of refund shall lie with the Airlines as agents are their appointed representatives. The Airlines shall ensure that the refund process is completed with 30 working days.
(d) The Airlines shall refund all statutory taxes and User Development Fee (UDF)/Airport Development Fee (ADF)/Passenger Service Fee (PSF) to the passengers in case of cancellation/non-utilization of ticket/no show. This provision shall also be applicable for all type of fares offered including promos/special fares and where the basic fare is non-refundable.
(e) The Airline shall provide “Lock-in option” for 24 hours (after booking ticket) during which passenger can cancel or amend the ticket without any additional charges, except for the normal prevailing fare for the revised flight for which the ticket is sought to be amended. This facility shall be available to passengers up to 96 hours prior to the specified flight departure on the first leg. It shall be the responsibility of the Airline to ensure this through their contracts with travel agents/portals.
(h)Cancellation charges must be printed prominently on the ticket in a conspicuous manner.
(i) Under no circumstances, the Airline or its agent shall levy cancellation charge more than the basic fare plus fuel surcharge. It shall be the responsibility of the Airline to ensure this through their contracts with travel agents/portals.
11. OP-1 has not disputed the issuance of above guidelines by the Director General Civil Aviation, however, OP-1 has not placed on record refund policy of the Airlines which is in contrary to the above guidelines. Furthermore, OP-1 has failed to prove on record that
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cancellation charges have been printed prominently on the ticket in conspicuous manner. Considering the facts of the present caseOP-1 ought to have refunded the full amount i.e. Rs.16,488/- to the complainant and failure on the part of OPs to refund the said amounts to deficiency in service. Accordingly, OPs are held guilty of unfair trade practice and deficiency in service.
12. Accordingly, OPs jointly or severally are directed as under:
i) To refund to the complainant an amount of Rs.8,900/- being the balance amount of the tickets which has already been paid by the complainant.
ii) To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and harassment caused.
iii) To pay to the complainant an amount of Rs.6,000/- towards cost of litigation.
13. The above order/direction shall be complied by OPs jointly or severally within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OPs fail to comply with the order within30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
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14. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 3rdday of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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