DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU. J.JAYASHANKAR, B.A, B.L. ..… MEMBER-I
THIRU.P.MURUGAN,M.Com. ICWA(Inter)., B.L., ....MEMBER-II
CC. No.54/2022
THIS FRIDAY, THE 30th DAY OF SEPTEMBER 2022
Mr.R.Ganesan, S/o.Ramaswamy,
No.53, 20th Street,
Balaji Nagar Extn.,Puzuthivakkam,
Ullagaram, Madipakkam,
Tamil Nadu -600 091. ……Complainant.
//Vs//
M/s.Make My Trip India Private Limited,
Rep.by its Branch Manager,
Shop G 6, Ground Floor,
Gee Gee Emerald, 151 Village Road,
Nungambakkam, Chennai -600 034. …..opposite party.
Counsel for the complainant : M/s.C.Jayabala, Advocate.
Counsel for the opposite party : exparte
This complaint is coming before us on various dates and finally on 22.09.2022 and upon perusing the documents and evidences produced by the complainant this Commission delivered the following:
ORDER
PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI, PRESIDENT.
This complaint has been filed by the complainant U/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service against the opposite party for non intimation of cancellation of flight along with a prayer to direct the opposite party to pay a sum of Rs.5,00,000/- with 18% interest towards compensation for the mental agony and hardship caused to the complainant along with cost of the proceedings to the complainant.
Summary of facts culminating into complaint:-
It was the case of the complainant that during their stay at USA they decided to attend a family function at Cochin and air tickets were booked through opposite party’s website for a sum of 85.24 USD. At the time of booking the complainant had mentioned his Indian phone number along with his son‘s email ID and the same was acknowledged by the opposite party vide email ID i.e.noreply@makemytrip.com dated 08.04.2018, confirming the tickets of Go Air G8-656 flight on 13.07.2018 at 14.45 hours from Chennai to Cochin. The ticket fare for complainant and his wife was Rs.2,240/- and return ticket by Spice Jet SG-3074 flight on 15.07.2018 at 17.55 hours from Cochin to Chennai International Airport and ticket fare for complainant and his wife was Rs.2468/-. On returning to Chennai when the complainant and his wife reached the Chennai International Airport, Meenampakkam on 13.07.2018 at 01.00 hours to catch the Go Air Flight No.G8-656 to Cochin the Airport Authorities informed that the Go Air Flight No.G8-656 has been stopped few months back and therefore they were left with no other option than buying two Air Tickets for Cochin in Spice Jet Airlines flight No.SG605 leaving at 08.40 hours for a sum of Rs.28,600/- at the MakeMyTrip.Com counter in the Chennai Airport vide Booking ID No.NF22696134826867. During the return trip when the complainant investigated the matter in the Go Air Airlines counter in Cochin he found that the Go Air Airlines had tried few times to contract him through his mobile number to inform about cancellation of flight. But on the very same day i.e. on 14.05.2018 the Go Air Airlines had informed to the MakeMyTrip.com/opposite party through email regarding the cancellation of the flight but the opposite party had neither informed such vital information by email or through phone to the complainant. Further there was an email from the MakeMyTrip.com seeking feedback about the travel. Further the MakeMyTrip.com/opposite party also failed to refund the onward airfare amount of Rs.2240/-. Even after several emails to the customer care for grievance redressal, they failed to provide proper service to the complainant. Thus the complainant sent statutory notice to the opposite party and the present complaint was filed for the reliefs as mentioned above.
On the side of the complainant proof affidavit was filed and documents were marked as Ex.A1 to A6 on their side. Despite service of notice the opposite party failed to appear and hence he was called absent and was set exparte on 19.08.2019 for non appearance and for non filing of written version within the mandatory period.
Points for consideration:
1) Whether the opposite party had committed deficiency in service in failing to intimate about the cancellation of the flight to the complainant at the appropriate time?
2) If so to what relief the complainant is entitled to?
Point No.1:
On the side of the complainant following documents were filed in support of his allegations;
E-ticket booking through credit card dated 08.04.2018 was marked as Ex.A1;
Confirmation mail/invoice along with e-ticket received from the opposite party dated 08.04.2018 was marked as Ex.A2;
Copy of e-ticket of complainant Ganesan & his wife Pushpa Ganesan dated 08.04.2018 was marked as Ex.A3;
Legal notice sent to the opposite party by the complainant dated 11.09.2018 was marked as Ex.A4;
Acknowledgement card for the proof of delivery was marked as Ex.A5;
Repayment of e-ticket fare by the opposite party dated 27.11.2018 was marked as Ex.A6;
As the complainant failed to appear before this commission inspite of sufficient opportunities, this commission decided to consider the written arguments filed by the complainant as oral argument to decide the case on merit. As per the written arguments filed by the complainant it was the case of the complainant that he booked tickets from his son‘s account via the opposite party which was evident via booking ID No.NF22697124703703 to travel from Chennai to Cochin and from Cochin to Chennai and the ticket fair for onward is Rs.2240/- and for return journey is Rs.2468/-. The allegation of the complainant is that the onward journey by Go Air G8-656 was cancelled by the Go Air Airlines after the complainant‘s online booking, however the above said information was not communicated to him by the opposite party. It is further submitted that he found that the Go Air Airlines had called him over phone but he did not answer as he was in USA at that time. Further it was informed by the Go Air Airlines that the cancellation of the flight has been duly intimated to the MakeMyTrip.com/opposite party to give information to the complainant. Thus the specific case of the complainant is that though the opposite party was made aware about the cancellation of flight they had miserably failed to communicate the said information to the complainant resulting in hardship and mental agony. Also due to lake of intimation the complainant was made to travel after spending a huge amount of Rs.28,600/- by booking alternative air tickets. Further the cancelled ticket fare was also not refunded to the complainant even after several efforts taken by him. Thus he alleges deficiency in service on the part of the opposite party and prayed for the complaint to be allowed.
On perusal of materials and pleadings by the complainant we could see that on 08.04.2018 the Air ticket was booked with the opposite party and confirmation email was also sent by the opposite party on the same day with invoice and Air tickets. Further it is seen that Air ticket fare was also refunded by the opposite party for the cancellation of Go Air Airlines ticket on 13.07.2018. In such circumstances this commission is of the view that when the opposite party had duly intimated to the complainant about the booking of the Air ticket it is their duty to inform to the complainant about the cancellation of the flight. When the Go Air Airlines had intimated about the cancellation of the flight to the opposite party they failed to intimate the same through email to the complainant which clearly amounted to deficiency in service. Thus we answer the point accordingly holding that the opposite party had committed deficiency in service.
Point No.2:-
With regard to relief to be granted to the complainant it is seen that the charges towards the booked ticket has been refunded by the opposite party. Though it is the case of the complainant that he was made to spend Rs.28,600/-for booking alternative flight tickets from Chennai to Cochin no proof has been submitted by him in proof of the same. In such circumstances we order a compensation of Rs.25,000/- for the mental agony and hardship suffered by the complainant due to the non intimation about the cancellation of flight by the opposite party. Further an amount of Rs.5,000/- is also awarded towards cost of the complaint.
In the result, the complaint is partly allowed directing the opposite party
a) to pay a sum of Rs.25,000/- (Rupees twenty five thousand only) towards compensation for mental agony caused to the complainant;
b) to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant.
Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 30th day of September 2022
Sd/- Sd/- Sd/-
MEMBER-II MEMBER-I PRESIDENT
List of document filed by the complainant:-
Ex.A1 08.04.2018 e-ticket booking through credit card details. Xerox
Ex.A2 08.04.2018 Confirmation mail/invoice along with e-ticket received from the opposite party. Xerox
Ex.A3 08.04.2018 Copy of e-ticket of complainant Ganesan & his wife Pushpa Ganesan. Xerox
Ex.A4 11.09.2018 Copy of legal notice sent to the opposite party by the complainant. Xerox
Ex.A5 ............. Acknowledgement card. Xerox
Ex.A6 27.11.2018 Repayment of e-ticket fare by the opposite party. Xerox
List of documents filed by the opposite party:-
Nil
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MEMBER-II MEMBER-I PRESIDENT
