CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR,
VIKAS BHAWAN, I.P.ESTATE,
NEW DELHI-110002.
Case No.CC/1206/12 Dated:
In the matter of:
SHRI M C KAPOOR,
C-5/328, MILAN VIHAR APARTMENTS,
I P EXT. PATPAR GANJ,
DELHI-110092
……..COMPLAINANT
VERSUS
MAKE MY TRIP
IST, FLOOR, TDI MALL
RAJOURI GARDEN,
NEW DELHI-
………. OPPOSITE PARTIES
ORDER [ ORAL]
Date of Arguments :19.10.2015
MEMBER: RITU GARODIA
Present: Complainant.
None for OP
Argument heard
Complainant has purchased two return tickets from OP for Delhi-London-Delhi trip. Complainant asked for rescheduling of return trip from 6.5.2012 to 10.6.2012 and paid Rs.11,000/- as rescheduling charges. A confirmed ticket was issued for 10.6.2012 and is annexed with affidavit. The Complainant contacted the airlines when he was made aware that no booking was in his name. He and his son repetitively contacted the OP Company informing them of non-confirmation of ticket from 1.5.2012 onwards but OP kept on dilly-dallying the matter. E-mails between the parties are annexed. Complainant reminded them again that if he does not return, he would face visa problem but to no avail. Consequently, Complainant asked for refund on 7.6.15 and Rs.50,710/- was refunded. However, by e-mail dated 14.6.2012, OP states that Rs.11,000/- as rescheduling charges cannot be refunded.
OP in its affidavit has accepted the booking of tickets and rescheduling. Confirmed ticket was issued and duly affirmed in the affidavit filed by OP. OP has annexed e-mail dated 14.6.12 wherein complainant son has asked for refund of Rs.11,000/- taken as rescheduling charges which were rejected.
We have given due consideration to pleadings of parties in consonance with rival affidavits and correspondence between the parties. The tickets issued and rescheduled for 10.6.15 are admitted by both parties. Complainant, however, was shocked to find that his seats are not confirmed almost a month prior to travel. Complainant immediately communicated with OP on 15.5.2012 regarding confirmation but no replies by OP who merely skirted the issue of confirmation. Complainant was rightly distressed as he was in foreign land with limited visa. The Complainant as a last recourse asked for refund on 6.6.2012 as he had to take another tickets and partial refund was provided. OP is completely silent about e-mail prior to 6.6.12 and has not explained in any of its pleading as to reason of non-booking despite issuing confirmed ticket. OP also displays a lackasidical attitude towards the plight of common passenger in foreign land on a time-bound visa.
We, therefore find OP guilty of unfair trade practice of falsely issuing a confirmed ticket after acceptance of rescheduling charges and not booking the air tickets and direct it to pay Rs.11,000/- take as rescheduling charge. We also direct OP company to pay Rs.30,000/- as compensation for harassment, physical inconvenience and agony inclusive of litigation expenses.
The Order to be complied within 30 days of receipt of order failing which 9% interest will accrue on company.
File be consigned to record room.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 26.11.2015.
(C.K.CHATURVEDI)
PRESIDENT
(RITU GARODIA)
MEMBER
