Tamil Nadu

South Chennai

CC/191/2017

Dr.K.Elangovan - Complainant(s)

Versus

M/s.Make my Trip India Pvt Ltd - Opp.Party(s)

G.Saravanan

12 Jun 2018

ORDER

                                                                        Date of Filing :  27.12.2016

                                                                        Date of Order :  12.06.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

  @   2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3.

PRESENT: THIRU. M.MONY, B.Sc., L.L.B., M.L.                     : PRESIDENT            

                  TMT. K.AMALA, M.A., L.L.B.                                 : MEMBER I

C.C. NO.191/2017

DATED THIS TUESDAY THE 12^TH DAY OF JUNE 2018

 

Dr. K. Elangovan,

S/o. Mr. Krishnamoorthy,

D-2, Durga Quartet,

No.65, 1^st Street,

BHEL Nagar,

Medavakkam,

Chennai – 600 100.                                                        .. Complainant

                                                       ..Versus..

 

Make My Trip India Pvt. Limited,

Represented by its Managing Director,

Tower A, Plot No.243, SP Infocity,

Udyog Vihar, Phase I,

Gurgaon – 122 016,

Haryana.                                                                     .. Opposite party.

 

Counsel for the Complainant         :    M/s. G. Saravanan & others

Counsel for the Opposite party     :    Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.12,442/- being the value of flight ticket booked with the opposite party for travel to India with interst at the rate of 24% p.a. from 07.02.2015 and to pay a sum of Rs.1,10,000/- towards compensation for loss of salary, mental agony and deficiency in service to the complainant.

1.        The averment of the complaint in brief are as follows:

The complainant submits that he booked a flight ticket on 07.02.2015 for the travel from Muscat to Chennai on 09.07.2015 and paid a sum of Rs.12,442/- through the debit card.    The complainant was expecting the confirmed ticket, since the opposite party has not uploaded the confirmed Air ticket, the complainant booked another flight ticket with Air India after paying a sum Rs.13,000/- advancing his travel by one day 09.07.2015 with a loss for Rs.10,000/- as his salary for one day.  Further the complainant submits that till December - 2015, the opposite party kept silent and sent a mail dated:01.01.2016 informing that there was a confirmed ticket.  Further the complainant submits that, the opposite party without any reason and without uploading the confirmed ticket, informed the complainant that a sum of 2,000 INR will be deducted towards Cancellation Penalty, 500 INR towards Make My Trip Fees, 300 INR towards Refund Admin Fees with 14% Service Tax which itself shows utter negligence and no fault on the part of the complainant.  Therefore complainant also issued legal notice dated:20.01.2016 as claiming compensation for which, due reply was sent by the opposite party dated:05.04.2016 admitting the liability and subsequently failed to comply with the demands made by the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice, the opposite party did not appear before this Forum and therefore, the opposite party was set Exparte.  

3.     Though the opposite party remained Exparte, this Forum wants to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to  Ex.A5  are marked. 

5.     The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.12,442/- towards the value of flight ticket with interest at the rate of  24% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,10,000/- towards compensation for loss of salary, mental agony and deficiency in service with cost as prayed for?

6.     On point:-

 The opposite party remained Exparte.  Heard the complainant’s Counsel.   Perused the records namely the complaint, proof affidavit, documents, written arguments etc.  The complainant pleaded and contended that he booked a flight ticket on 07.02.2015 for the travel from Muscat to Chennai on 09.07.2015 and paid a sum of Rs.12,442/- through the debit card.  Ex.A1 is the Statement of Account of the complainant’s wife, Indian Overseas Bank, Velachery Branch.  The complainant was expecting the confirmed ticket, since the opposite party has not uploaded the confirmed Air ticket  the complainant was constrained to book another flight ticket with Air India after paying a sum Rs.13,000/- advancing his travel by one day on 09.07.2015 with a loss for Rs.10,000/- towards his salary for one day.  But the complainant has not produced any record to prove the salary and the loss of Rs.10,000/-.   Further the complainant pleaded and contended that till December - 2015, the opposite party kept silent and sent a mail dated:01.01.2016 vide Ex.A2 informing that there was a confirmed ticket.  But it is very clear that the complainant travelled on 08.07.2015 through Air India. 

7.     Further the complainant contended that, the opposite party without any reason and without uploading the confirmed ticket, informed the complainant that a sum of 2,000 INR will be deducted towards Cancellation Penalty, 500 INR towards Make My Trip Fees, 300 INR towards Refund Admin Fees with 14% Service Tax which are totally against natural justice and no fault of the complainant.  The non uploading of the confirmed ticket within the reasonable time and attempting to deduct huge amount towards penalty fees etc. by the opposite party amounts to deficiency in service. The complainant also issued legal notice dated:20.01.2016 as per Ex.A3 claiming compensation for which, due reply vide Ex.A4 was sent by the opposite party dated:05.04.2016.  In Ex.A4 it reads as follows:

  “Firstly, we apologize …. the said delay was not intentional ….  We have processed a full refund against the booking made by you.  It is to be noted that the total amount paid by you under the aforesaid booking ID was Rs.12,442/-.  We have processed a full refund under the said booking ID vide two separate transactions i.e. Rs.10,482/- on 31.01.2016 vide RRN 603119532716 and Rs.1,960/- on 04.04.2016 vide RRN 609601369463.  I hope this will lead to full and final closure of all the issues”.

8.     The complainant is claiming the cost price of the ticket of Rs.12,442/- with loss of one day salary and compensation.  But the complainant has not produced any record to prove the loss of salary and such huge compensation.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.12,442/- with interest at the rate of 9% p.a. with compensation of Rs.10,000/- with cost of Rs.5,000/- to the complainant.

  In the result, this complaint is allowed in part.  The opposite party  is directed to pay a sum of Rs.12,442/- (Rupees twelve thousand four hundred and forty two only) being the value of flight ticket with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 27.12.2016 to till the date of this order to the complainant and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	01.02.2015 to 28.02.2015	Copy of Statement of Account of the complainant’s wife, Indian Overseas Bank, Velachery Branch
Ex.A2 Series	19.02.2015 to 05.01.2016	Copy of Emails sent by the complainant and reply mails by the opposite party
Ex.A3	20.01.2016	Copy of legal notice sent by the complainant to the opposite party
Ex.A4	05.04.2016	Copy of reply by the opposite party to the complainant
Ex.A5	21.04.2016	Rejoinder notice by the complainant’s Counsel

 

                          

MEMBER –I                                                                      PRESIDENT