ORDER

SMT.NANDINI.H.KUMBHAR, MEMBER

1. The Complaint is filed by the complainant under section 35 of the C.P. Act, 2019 against the OP alleging deficiency of service directing the OP to refund a sum of Rs.19,695/- along with interest and also direct the OP to pay compensation of Rs.30,000/- towards mental agony and cost of  Rs.10,000/- towards cost of proceedings and such other reliefs.

2. The brief facts of the case is as follows:

           This is the case of the complainant that the complained to trip from New Delhi to Kathmandu for vacation along with his family and approached the OP for booking all facilities in support of the trip and the OP have agreed  and the complainant took combine package of trip which included flight bookings, hotel booking, meals, transportation activities and the complainant agreed for the amount and paid Rs.1,32,002/- on 06.05.2023.  The complainant submits that the trip planned from 26.05.2023 to 30.05.2023 with flight from Delhi to Kathmandu and while booking of flight tickets the complainant was asked to provide names and other details of the travelling members  and the complainant send the ID proof & addresses of all the members to the OP, the OP did not pay any attention to their consumers and the OP did not checked the details while filling for travelers.  The complainant submits that while booking of the flights no due diligence and care was done from the OP side  and no verification done with the ID proof shared by the complainant.  The complainant submits that  the OP informed the complainant that flight tickets cancelled due to non-matching of names with ID proof. The complainants paid for trip as whole package which includes air services, but due to negligence of OP air tickets cancelled and on request the OP refused to reschedule the trip  or to refund the amount to the complainant. The complainant submits that he has to bear expenses of booking the alternative flights a sum of Rs.36,773/- due to negligence of OP, the complainant put to mental trauma. The complainant has been cheated by the OP though the cancellation of airlines tickets amounting to Rs.16,078/- got refunded, but it was meager amount in respect of  the amount that the complainant beared for booking of alternative flight. Aggrieved by the act of OP the complainants filed the present complaint seeking  relief as prayed in the complaint.

3.  Notice to the OP duly served, represented by counsel filed written version and affidavit along with relevant documents in support of their defense.

4. Complainant filed chief examination affidavit by re-iterating the complaint allegations and also filed relevant documents in support of their plea.

5.  Heard arguments and matter is reserved for orders.

6. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OP as alleged in the complaint and thereby prove that he is  entitled for the relief sought?
2. What order?

8. The findings on the above points are as under:

Point No.1           :       Negative

Point No.2           :       As per final order.

REASONS

9. POINT NO.1:- The OP represented by counsel filed written version and also filed chief examination affidavit along with documents. In the version statement, the OP denies entire complaint allegations as well as any deficiency of service on their part. The OP submits that, the details of passengers were confirmed and filled  by the complainant himself and there was no interference on the part of the OP, the OP is only acted as mere facilitator and cannot be held liable for alleged wrong entry  of details of passengers as the complainant himself filled in the data and confirmed at the time of booking. Further, submitted that, the OP has duly discharges is duty by assigning the complaint  by cancelling the ticket as desired by him. Hence, the complainant is estopped from alleging the contrary. And in case of no show usually service provider don’t refund and the cancellation amount was refunded to the complainant  which was refunded by Indigo Airlines and denied any deficiency on the part of OP and prays for dismissal of the complaint.

10. The complainant filed chief examination affidavit by re-iterating the entire complaint allegations as against the OP and also produced some of the documents in support of their case marked as Annexure-A to C. On perusal of the complaint, that, the complainant had planned to travel trip from New Delhi to Kathmandu for vacation with his family and to facilities to support such trip the complainant approached OP and took combine package  which included flight booking, Hotel, transportation etc., for which the complainant had paid a sum of Rs.1,32,032/-.The trip was planned on 26.05.2023 to 30.05.2023 from Delhi to Kathmandu. For negligence on the part of the OP, the concern tickets are cancelled due to the fact that, the mis-match the name of the complainant to the concerned ID-proof and the OP had refused to made alternative  flight arrangements and OP informed the complainant that no show up in hotel will  not refunded from the OP, with no other option the complainant bear the expenses of alternative flight booking  by paying a sum of Rs.35,773/-. Further, the complainant has been cheated by the OP on several dimensions though the OP had refunded only cancellation amount of Rs.16,078/-. When the complainant contacted and made several requests through telephonic conversation as well as whatsApp to refund the remaining amount, but the OP has failed to respond to the  request of the complainant.

11. In view of the above discussion and the contention taken by both the parties and the documents produced by the OP marked as Annexure-A to G and Annexure document-F, the copy of  logs pertaining to the data submitted by the complainant  at the time of booking and it is also admitted  case of the complainant that, while making booking of the Air ticket in question by availing of online services of OP/MakeMyTrip, the complainant  himself has mentioned the names and details of his and other family members  air tickets. Therefore, it is clear that whatever names have been entered in the air tickets that were mentioned as per the instructions/entries made by the complainant himself and the OP have no role in it. It is also observed that the complainant has not at all produced any documents to prove that, due to the negligence of the OP side the concerned tickets were cancelled. All these allegations cannot be considered only on the basis of pleadings, the pleadings should be supported by any supported evidence, that, the complainant has sent ID proof to the OP for verification. In the absence of any supporting documents, no negligence of deficiency in service could be found against OP.

12. Hence, we find merits in the stand of OP, that a person with a mis-match with the concerned I.D. proof  cannot trace as it can end up being a major  security issue for all concerned. Thus, it is clear that the fault actually lies on the part of the complainant and not on the part of the OP and hence no deficiency in service is made out as against the OP. Accordingly, we answer Point No.1 in Negative.

13. POINT NO.2:- In the result,  for the forgoing reasons, we passed the following:

ORDER

1. The complaint  filed by the complainant is hereby dismissed. No costs.
2. Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 28^th June  2024)

(RAMACHANDRA M.S.)

PRESIDENT

     (NANDINI H KUMBHAR)                   (SHRINIDHI.H.N)            

        MEMBER                                                  MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Sri Vibhor Nigam- Who being the complainant.

Documents produced by the complainant:

Witness examined on behalf of the OP way of affidavit:-

Sri Param Paresh Shah- Who being the Authorized Officer of OP

Documents produced by the OP:

(RAMACHANDRA M.S.)

PRESIDENT

     (NANDINI H KUMBHAR)                 (SHRINIDHI.H.N)            

           MEMBER                                 MEMBER

 SKA*