IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/135/2019
Date of Filing: Date of Admission: Date of Disposal:
12.09.2019 17.09.2019 10.08.2023
Complainant: Amit Kumar Halder,
S/o- Birendra Nath Halder,
R/o- Prerana Apartment, Flat No. B 3,
P-14, Raipur, Kolkata-700084
-Vs-
Opposite Party 1. The Authorised Signatory,
Ibibibo Group Pvt. Ltd.
Make My trip Office
Unit No. 104/D, 1st Floor
Corporate Avenue, Atul Projects,
Andheri-Ghatkopar Link Road,
Chakala, Andheri-East
Landmark – Opposite Skoda Showroom,
Mumbai- 400099
2. The Manager
Ibibibo Group Pvt. Ltd.
Office 2A, @B Stilt Flooe,
S No. 169, 209 Hissa No. 2
Nyati Milleniu, viman Nagar Dutta Mandir
Chowk, Lohegaon, Pune-411014
3. The Chief Manager
State Bank of India, ADB Berhampore
1 A, Churamani Chowdhury Lane,
P.O. & P.S.-Berhampore,
Dist- Murshidabad,
PIN-742101
Agent/Advocate for the Complainant : Self
Agent/Advocate for the O.P. s : Subhanjan Sengupta
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, MEMBER
This is a complaint under section 12 of the CP Act, 1986.
One Amit Kumar Halder (here in after referred to as the Complainant) filed the case against The Authorised Signatory, Ibibibo Group Pvt. Ltd. & Ors. (here in after referred to as the O.P.s) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant booked one cab through online utilizing the booking service of the O.P. 1 & O.P. 2 making payment of Rs. 238/- for journey from Pune to Mumbai to reach at the Airport to catch flight at 00.35 A.M. on midnight on 15.08.2019. The confirmation of that booking of the cab was received by the Complainant in the following manner “ Driver & Cab has been assigned for your Pune – Mumbai one way trip ; Cab; Hyundai Xcent – MH04GD7366, Driver Banshnarayan Singh, Contact: 9168338875 Pickup : 14 Aug 6:00 PM, Pickup OTP : 8888. But on 14.08.2019 at 5.58 P.M. the Complainant received one message cancelling that booking of the Cab from the side of the O.P. 1 & 2 without making an alternative arrangement stating the reason that unavailability of cab near the pickup location of the Complainant and for that reason the Complainant missed the flight and he was bound to return by purchasing ticket of another flight which is higher in amount. So, the Complainant claimed pecuniary losses of Rs. 41150/- along with compensation of Rs. 5,00,00/- for mental agony and harassment.
Defence Case
After due service of the notices the O.P. No. 1 & O.P. No. 2 appeared by filing W/V contending inter alia the case is not maintainable as there is no deficiency of service from the side of the O.P. and no loss was caused to the Complainant for the action of the O.P.s and O.P.s provided booking amount. So, the case is liable to be dismissed. The O.P. No. 3 after service of notice did not appear. So the case proceeded ex-parte against the O.P. No. 3
Points for decision
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Have the OPs any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1, 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
Undoubtedly, the Complainant booked one cab through online utilizing the booking service of the O.P. 1 & O.P. 2 for journey from Pune to Mumbai to reach at the Airport to catch flight at 00.35 A.M. on midnight on 15.08.2019. The confirmation of that booking of the cab was received by the Complainant in the following manner “ Driver & Cab has been assigned for your Pune – Mumbai one way trip ; Cab; Hyundai Xcent – MH04GD7366, Driver Banshnarayan Singh, Contact: 9168338875 Pickup : 14 Aug 6:00 PM, Pickup OTP : 8888. But on 14.08.2019 at 5.58 P.M. the Complainant received one message cancelling that booking of the Cab from the side of the O.P. 1 & 2 without making an alternative arrangement stating the reason that unavailability of cab near the pickup location of the Complainant and for that reason the Complainant missed the flight.
The O.P. No. 1 and 2 in the W/V stated that as per the terms and conditions mentioned in the voucher/advanced receipt, the liability of the O.P.s 1 & 2 is limited only to the extent of refunding the amount paid by the customer for Cab booking. In the present case the Ld. Advocate of the O.P.s stated that these O.P.s had refunded the said advance amount of Rs. 238/-.
Though the notice was served upon O.P. No. 3 through peon book on 26.09.2019 but he did not turn up. So, the case proceeded ex-parte against the O.P. No. 3 vide order No. 6 dated 12.12.2019.
It is the fact that the booking of the Cab was cancelled by the O.P. 1 & O.P. 2 at the last moment when there was very little scope to book another cab to reach the Airport and all of a sudden cancellation of the booking caused harassment and agony to the Complainant.
Considering the facts and circumstances of the case and the documents filed by both the parties and the argument advanced by both the parties we are of the view the O.P. No. 1 & O.P. No. 2 had already refunded the advanced booking amount of Rs. 238/-. The facts and circumstances of the case suggest that the object of the journey of the Complainant was not known to O.P. Moreover, O.P. No. 1 & O.P. No. 2 had stated in the W/V that a suitable compensation of Rs. 1000/- was offered as a goodwill gesture in view of its customer centric approach and bonafide intention which is supported by an affidavit. Here we find that the offering compensation of Rs. 1000/- by the O.P. No. 1 & O.P. No. 2, to the Complainant appears to be reasonable and as such the said amount of compensation be given to the Complainant and the case is dismissed against the O.P. No. 3 as the Complainant has not claimed any relief against the O.P. no. 3.
Reasons for delay
The Case was filed on 12.09.2019 and admitted on 17.09.2019. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is allowed.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/135/2019 be and the same is allowed on contest against the O.P. No. 1 & O.P. No. 2 and dismissed against O.P. No. 3.
The O.P. No. 1 & O.P. No. 2 are directed to pay Rs. 1000/- to the Complainant as compensation for mental pain and agony within 30 days of passing of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
