Delhi

New Delhi

EA/140/2013

S.C. Sukhija - Complainant(s)

Versus

M/S. GMG Airlines - Opp.Party(s)

19 Oct 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.EX/140/13                        Dated:

In the matter of:

Sh. S.C Sukhija,

A-33, Sanjay Market, Near Sec-2,

Rohini, New Delhi-85

 

……..COMPLAINANT

       

VERSUS

1. Gmg Airlines

Ms. Parul (Manager)

Minar travel, 29, Regal Building

Parliament street, New Delhi-110001

 

2. Yatra online Pvt. Ltd. / Yatra.com

F-26, Inner circle, Connaught place,

New Delhi-110001

Also at:

B-21, Info city Phase-ii

Sector-34, Gurgaon, Haryana

 

3. Yatra Barclay Card

Barclays bank plc

1st floor, Eros Corporate Tower

Nehru Place, New Delhi-19

 

                                         ……. OPPOSITE PARTIES

 

ORDER

President: C.K Chaturvedi

We have heard both the D.H and the Counsel of Minar Travels on the objections raised by Minar Travels, against execution of decree by Minar Travels. A reading of objections and array of parties on the complaint, clearly show that in the order dated 01.09.12, granting compensation, GMG Airlines has been held responsible. The Complainant/D.H has linked address of Minar Travels, as if GMG Airlines exist there. Minar Travels in objection has explained that both are different entities, and it is service provider to GMG Airlines, but not GMG Airlines.

In view of this position, we accept the objections, and hold that decree is not executable against Minar Travels, and Complainant/D.H has misled the Court by playing a fraud. The fraud vitiates the decree. Therefore, we hold that decree is not executable at all. The Execution is dismissed.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 19.10.2015.

 

                   

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER