Haryana

StateCommission

A/319/2018

MAKE MY TRIP - Complainant(s)

Versus

SANTOSH KUMAR - Opp.Party(s)

ASHWANI TALWAR

11 Jul 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                            

                                                First Appeal No.           319 of 2018

                                                Date of Institution:       14.03.2018

                                                Date of Decision:         11.07.2018

 

Make My Trip India Private Limited, 243, SP Infocity, Udyog Vihar, Phase 1, Gurgaon through its Managing Director through Authorized Signatory Shri Ekank Mehra, Assistant Manager (Legal), Make My Trip India Private Limited, 19^th Floor, Tower C, Building No.5, DLF Cyber City, Gurgaon-122002. 

…..Appellant-Opposite Party

 

Versus

 

Santosh Kumar son of Sh. Chandra Pal Singh, C/o Kapil Chauhan, Flat No.601, Tower A-1, Olive Country, Sector 5, Vasundhara, Ghaziabad, Uttar Pradesh-201012.

…Respondent-complainant

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

 

 

Present:               Shri B.R. Madan, Advocate for the appellant

                            

                              

O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Make My Trip India Private Limited-opposite party (for short ‘Travel Agency’) is in appeal against the order dated November 15^th, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby it directed the Travel Agency to refund the amount of Rs.50,506/- alongwith interest at the rate of 9% per annum from the date of filing of complaint, that is, June 23^rd, 2015 till its realization; Rs.3100/- as compensation for harassment, litigation expenses etc to Santosh Kumar-complainant on account of getting his return air tickets cancelled from Dar es Salaam, Tanzanian to Delhi and Delhi to Dar es Salaam.  

2.      It was the case of the complainant that on May 11^th, 2014 he booked to and fro air tickets from Dar es Salaam, Tanzanian to Delhi and Delhi to Dar es Salaam from travel agency vide booking No.MN230274516985 after paying Rs.50,506/- for May 29^th, 2014 and June 11^th, 2014.  He requested the travel agency to reschedule the ticket for May 02^nd, 2015 and May 27^th, 2015.  The travel agency showed it’s inability.  Thereafter, he requested Kenya Airways, Nairobi, who got the tickets cancelled and rescheduled it from the travel agency.  After getting the air tickets rescheduled from Kenya Airways, the flights were cancelled and Kenya Airways wrote the travel agency to refund the amount to the complainant.  As per the case of the travel agency, the amount of Rs.23,500/- and Rs.24,552/- were stated to be refunded to the complainant on May 02^nd, 2015 and September 29^th, 2015 respectively.  The case of the complainant was that he never received any amount from the travel agency, which he duly proved by leading cogent evidence before the District Forum.

3.      Learned counsel for the travel agency has stated at bar that the travel agency could not place on record any document to prove that the said amount of Rs.23,500/- and Rs.24,552/- were ever refunded to the complainant as per the communication between Kenya Airlines and Travel Agency. 

4.      Since the amount was not refunded to the complainant by the travel agency though it was stated to be refunded, the impugned order passed by the District Forum does not require any interference.  The appeal is dismissed.

5.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification, in accordance with the rules.

 

Announced 11.07.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK