Haryana

StateCommission

A/978/2017

MAKEMYTRIP(INDIA) PVT.LTD. - Complainant(s)

Versus

SHYAM SUNDER - Opp.Party(s)

ASHWANI TALWAR

08 Jan 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA   

 

                                                 

                                                          First Appeal No.978 of 2017

                                                          Date of the Institution: 11.08.2017

                                                          Date of Decision: 08.01.2020

 

 

M/s. Make My Trip India Private Limited, 103, Udyog Vihar, Phase-I, Gurgaon-122016 (Haryana), through its authorized person.

 

Now at:

 

Make My Trip (India) Private Limited, Tower-A, 19^th Floor, Building No.5, DLF Cyber City, Gurgaon-122002, through its authorized signatory, Ekank Mehra, Assistant Manager (Legal).

 

 

…..Opposite Party No.1-Appellant

 

 

VERSUS

 

 

1.      Shyam Sunder Goel son of Shri Shiv Lal Goel, resident of Arya Nagar, Opposite LIC Office, Jhajjar, Tehsil and District Jhajjar.

 

..…Complainant-Respondent No.1

 

2.      Go Airlines (India) Limited, 1^st Floor, C-1, Wadia International Centre (WIC) Pandurang Budhkar Marg, Worli, Mumbai-400025, through its authorized person.

 

..…Opposite Party No.2-Respondent No.2

 

 

 

 

 

CORAM:    Hon’ble Mr. Justice T.P.S. Mann, President.

                   Shri Ram Singh Chaudhary, Judicial Member.

                    

 

 

 

                                                        

Present:     Shri Varun Sharma, proxy counsel for Shri Satpal Dhamija, counsel for the appellant.

                   Shri Vishal Aggarwal, counsel for respondent No.1.

                   Shri Mohit Garg, counsel for respondent No.2.

 

 

 

                                                O R D E R

 

 

T.P.S. MANN, J.  

 

 

          M/s. Make My Trip India Private Limited-opposite party No.1 has filed the present appeal for challenging the order dated 11.04.2017 passed by learned District Consumer Disputes Redressal Forum, Jhajjar, whereby it was directed to refund the amount of        e-ticket to complainant-Shyam Sunder Goel along with lump sum compensation of `50,000/- on account of mental agony, harassment and other sufferings including litigation expenses.

2.      According to the complainant, he along with his two friends had booked their air tickets on 31.01.2016 through opposite party No.1 on Go Air Flight No.G8-113 for 11.06.2016 from Delhi to Bangalore. The departure time was 6:00 hours and so informed by opposite party No.1 through message on the mobile of the complainant. When the complainant along with his friends entered the Delhi airport terminal at 5:05 A.M., they were told by the airport officials that the departure time of the flight was 5:45 hours instead 6:00 hours and accordingly boarding passes could not be issued to them. Due to negligent and deficient services of opposite party No.1, the complainant and his friends were forced to take another flight at 9:45 hours by spending huge amount of more than `22,000/-. Accordingly, the complainant sought issuance of directions to the opposite parties to refund the ticket amount along with damages and compensation of `2,00,000/- and litigation expenses besides any other relief.

3.      Upon notice, both the opposite parties appeared before the learned District Forum. In its reply, opposite party No.1-M/s. Make My Trip India Private Limited pleaded that it simply acted as a booking agent and, thus, no case was made out against opposite party No.1. The default was made at the complainant’s end, who failed to avail the ticket, for which confirmed booking was made. If there was anything wrong, opposite party No.2-Go Airlines (India) Limited was responsible as it had preponed the flight in question. Opposite party No.1 only acted as a facilitator and not the actual service provider.

4.      Opposite party No.2-Go Airlines (India) Limited pleaded that the complainant was scheduled to fly from Delhi to Bangalore on 11.06.2016 on flight No.G8-113, which was scheduled to depart at 0600 hours but due to some minor operational reason, the flight was rescheduled by merely 15 minutes and to start at 0545 hours. The change in the time of the departure was informed to the complainant on his registered mobile number by a phone call followed by an SMS on 03.06.2016, which was 10 days prior to the departure date. The complainant reported at the check-in counter at 0519 hours, which was beyond the reporting time i.e., 45 minutes prior to the time of departure. As such, the check-in counter was closed by the time the complainant and his friends had reached. It was also pleaded that every passenger traveling on the flight of opposite party No.2 needed to check the flight status 72 hours prior to departure date and 2 hours prior to the departure time, which he did not do. As such, there was no deficiency in service on the part of opposite party No.2 and accordingly dismissal of the complaint was sought.

5.      In support of his case, the complainant tendered into evidence his affidavit (Exhibit CW-1/A) and documents (Exhibits C-1 to C-6) as well as Mark A. On the other hand, opposite party No.1 tendered into evidence affidavit (Exhibit RW-1/A) and documents (Exhibits R-1 to R-4) whereas opposite party No.2 closed its evidence after tendering into evidence affidavit (Exhibit RW-2/A) and documents (Exhibits R-5 to R-7).

6.      After hearing learned counsel for the parties and on going through the material aspects of the case, learned District Forum allowed the complaint by directing opposite party No.1 to refund the amount of e-ticket along with lump sum compensation of `50,000/- on account of mental agony, harassment and other sufferings including the litigation expenses.

7.      After hearing learned counsel for the appellant and the respondents, the State Commission finds that though the complainant and his friends had booked their air tickets on 31.01.2016 through opposite party No.1 for Go Air Flight No.G8-113 for 11.06.2016 from Delhi to Bangalore but when they entered the Delhi airport terminal, they were told that the departure time was 5:45 hours instead of 06:00 hours. As such, the boarding passes could not be issued to them. Left with no other option, the complainant and his friends purchased fresh tickets for travelling to Bangalore on another flight. The ticket in question for the Go Air Flight had been issued by the appellant-opposite party No.1. As such, opposite party No.1 was solely responsible for the loss suffered by the complainant.

8.      In reply to the legal notice dated 01.09.2016 (Exhibit R-4), opposite party No.1 apologized for delayed reply to the legal notice and also mentioned that it had processed the case for full refund against the booking made by the complainant. Despite the same, the amount of e-ticket was not refunded. As such, opposite party No.1 was solely negligent and deficient in service.

9.      In view of the above, no case is made out for any interference in the impugned order passed by the learned District Forum. The appeal is without any merit and therefore dismissed.

10.    The statutory amount of `25,000/- deposited by the appellant at the time of filing the appeal be disbursed to the complainant against proper receipt and identification subject to appeal/revision, if any.

 

Announced 08.01.2020

(Ram Singh Chaudhary) Judicial Member

(T.P.S. Mann) President

DR