Delhi

New Delhi

CC/827/2014

Vybhav Deraje - Complainant(s)

Versus

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

08 Apr 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

    (DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                    NEW DELHI-110001

 

 

Case No.C.C./827/2014                                                           Dated:

In the matter of:

DR. VYBHAV DERAJE

S/o Shri Srinivasa Rao Deraji

R/o 29/133, Second Floor,

West Patel Nagar,

New Delhi-110008

                                                                                    …… Complainant

Versus

1. M/S. MAKEMYTRIP (INDIA) PVT. LTD.,

F-26, First floor, Inner Circle,

Opposite Palika Bazaar parking

Connaught Place, New Delhi

 

2. M/S. MAKEMYTRIP (INDIA) PVT LTD.,

Tower ‘A’, S P Infocity,

243, Udyog Vihar, Phase – I,

Gurgaon, Haryana – 122016, India.

                                                                                    …….Opposite Party

 

 

 

 

                            

H.M. VYAS – MEMBER

  

ORDER

 

The complainant has filed this complaint under Section12(a) of the Consumer Protection Act against the OP’s mainly Make My Trip (India Pvt. Ltd.). It is alleged that the complainant booked package to online for self and his wife. The tour was in the period 08.09.2014 to 12.09.2014 which included hotel stay. The purpose was for ensuing there is an exam of MRCS and the FRCA respectively for self and his wife to be held in London on 09.09.2014.  The tour was booked on 13.12.2013  i.e. more than 9 months before  the commencement of their journey and paid a sum of Rs. 1,13,707.80/- through credit card. On 01.01.2014, there were certain changes and the flight schedule and alternate their travel plans.  The OP informed the complainant that the existing Air-tickets would remain valid and would be revalidated at airport.  On 14.07.2014, the OP informed the complainant revised timings of the flights for journey to London and seen the revised E- Air tickets and Hotel vouchers.  On 06.09.2014, complainant revised a call from Oman Air, and demanded passport details which were provided just before  a day journey i.e. on 07.09.2014, the OP informed the complainants by email that the flights booked have been cancelled  and the complainant could call tall free no.(1-8000-102-8747 and 1-800-11-8747)or the said airline reservation for alternative options or for refund/ confirmation.  The representatives of OP on phone and persuasion a phone reassured regarding his air- ticket and arranged e-air tickets as per revised schedule programme.  On 08.09.2014, when the complainant and his wife reached airport on 4:15 AM to board the flight, the staff of Oman Air informed the complainants that the booking had been cancelled by the respondent OP, the customer care personnel of OP on duty at airport premised complaint to resolve the issue in 2 hours time and by 9 AM he would  get a call.  Instead of helping the complainant the staff of OP became rude alleging that the complainant did not reach the airport in time.  Since, the complainant and his wife had to appear in exam to be held in the next day at London, Air- India tickets were purchased for self and his wife for Rs. 1,53,000/- by using  4 credit card alleging in services on various occasions as referred  here in above the complainant as prayed for as under:-

1. To refund Rs. 1,53,00/- paid for the purchase of fresh Air India tickets for the complainant and his wife:
2. To pay interest @ 18% on the amount deposited with them approx Rs. 1 lakh.
3. To pay compensation @ Rs.2 lakh per person on account of harassment, mental pain and agony caused to the complainant and his wife by cancellation of their booking ( fully paid) just before proceeding for an examination at London and arranging extra money with great pains at the eleventh hour to purchase air tickets afresh.
4. Rs. 25,000/ towards  expenditure incurred on legal/ litigation charges; and
5. Any other relief which the Hon’ble Cour deems fit and proper be also granted.

 

The OP filed written statement/ version denying all allegations and prayed for dismissal of the complaint.  It is said that the OP had no control over the functioning of OMAN Airlines and the cancellation of flight, rescheduling the flights were not under the control of OP’s and as such the allegations of deficiency in service against the OP is substance.  Further, it is stated that  OP simply acted as facilitator to book the desired flight tickets for the complainants in OMAN Air (WY) Airlines.  Being service facilitator the OP can only book the confirm tickets and supply it user as has been done admittedly in this case.  In booking online there remains no manual or human interference from the hand of OPs.  It is also said that the OP being a general and facilitator cannot be held liable no provisions of Indian Contract Act, 1872.  The user agreement available on website is applicable to the complainant and as such the OP is not liable.

            The complainant has filed evidence by way of affidavit and both the parties filed their written submissions.  Oral arguments also addressed by both the parties.  We have perused the record placed before us and the submissions of the parties with relevant provision of law.  The Ld. Counsel for the complainant has solely relied upon and contended in view of the tickets of the complaint and the documents annexed here with supportive evidence in affidavit. 

            On the other hand, the Ld. Counsel of the OP as prayed for dismissal by the complaint as the OP being a general cannot be held respectively for the act of principle.  It is argued that the OP has no command over the working and of the OMAN Airlines.  Therefore, the complaint is not maintainable against the OP. On this issue we are guided by the judgment of the Hon’ble Supreme Court of India in the case appeal (CIBIL) 6113/1995 titled as 

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on 08/04/2019

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

                                                    (ARUN KUMAR ARYA)

                                                             PRESIDENT

 

   (NIPUR CHANDNA)                                                            (HM VYAS)

                   MEMBER                                                                         MEMBER