Tamil Nadu

North Chennai

CC/128/2015

P.Ayyamperumal - Complainant(s)

Versus

The Managing Director, Make My Trip India Pvt Ltd - Opp.Party(s)

Party in Person

27 Jan 2017

ORDER

                                                            Complaint presented on:  27.07.2015

                                                                Order pronounced on:  27.01.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 27^th   DAY OF JANUARY  2017

 

C.C.NO.128/2015

 

 

 

P.Ayyamperumal S/o Pachamuthu,

Plot No.150 B, 4^th Main Road,

Sadasivanagar, Madipakkam,

Chennai – 600 091.

 

                                                                                            ….. Complainant

 

..Vs..

 

1. Managing Director,

Make My Trip India Pvt. Ltd.,

No.151, Shop No.G6, Ground Floor,

Gee Gee Emerald, Village Road,

Nungambakkam, Chennai – 600 034,

(Branch Office)

 

2. Tower A, SP Infocing 243,

Vdyogvihar, Phase I,

Gurgaon – 122 016,

(Head Office).

 

 

	...Opposite Parties

Date of complaint                                  : 25.08.2015

Counsel for Complainant                      : Party in person

Counsel for Opposite Parties                : M/s.V.Selvaraj, CH.Venugopal Moorthy

 

O R D E R

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant booked Air Ticket for his daughter A.Vinodhini in Indigo 6E 285 through the web site of the Opposite Party on 05.04.2015 to travel from Delhi to Chennai on 06^th June, 2015. The above ticket was booked by using debit card of his Karur Vysya Bank, Madipakkam Branch.  Due to the change of travel schedule of the Complainant’s daughter, the above ticket was cancelled on 10.05.2015. “Refund amount of INR 3524 for Make My Trip Booking ID NF 2201451218032 has been processed. Amount will reflect in up to 3 days in case of your issuer bank is private or SBI else may take up to 12 working days in case of other nationalized banks or until your billing cycle. The Complainant, after waiting more than 20 days, had started pursuing the refund claim by contacting as well as sending messages to the Opposite Party.  On oral demand of the Opposite Party the Complainant also forwarded his bank statement of KVB starting from 02.04.2015 to 20.06.2015, on 21/22.06.2015, reflecting no refund amount of Rs.3524/- was not received. But till the date of filing the Complaint the refund has not been credited to the Complainant’s account. The Complainant has to undergo mental torture, harassment and mental strain due to unfair trade practice and indifferent attitudes of the Opposite Party.  Hence the Complainant filed this Complaint to refund ticket amount of Rs.3,524/-  with interest and also compensation for mental agony with litigation expenses.   

2. WRITTERN VERSION OF THE OPPOSITE PARTIES  IN BRIEF:

          The customers making bookings online for their travel through this Opposite Party’s website, have to accept the terms and conditions of ‘User agreement’ at the time of booking.  This forum has no jurisdiction to entertain this Complaint. As per the jurisdiction clause contained in the ‘User agreement’ agreed between the Complainant/user and this Opposite Party at the time of booking, this jurisdiction is restricted to courts/forums in NCR of Delhi. As per Complainants request on 05^th  April 2015, he was issued tickets for the sector Delhi –Chennai on payment of Rs.5,474/-. Later due to personal reasons, the Complainant chose to cancel the said bookings. As per his request, the tickets were put to cancellation and he was assured a refund of Rs.3,524/-. That the refund in all case is subject to us receiving from the concerned Airlines which takes considerable time. That the refund of Rs.3,524/ has been duly refunded to Complainants account on 04 Oct 2015 vide ARN No.74332745131513092363918 having refunded the same, we are not liable to refund anything further to the Complainant and further there has been no deficiency as alleged on part of the answering Opposite Party.  The Complainant must has to prove the loss suffered due to the acts and omissions of this Opposite Party in order to allege deficiency and to claim monetary compensation. Hence this Opposite Party prays to dismiss the Complaint with cost.    

 

 

3.POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complaint is entitled to any relief? If so to what relief?

4.POINT : 1

          The Complainant booked Air Ticket for his daughter A.Vinodhini in Indigo Airlines through the Opposite Party web site on 05.04.2015 to travel from Delhi to Chennai on 06.06.2015 and he paid the ticket amount using his debit card Karur Vysys Bank, Madipakkam Branch. Ex.A2 is the Karur Vysya Bank statement of account is the proof for payment of ticket charges. However the Complainant cancelled the said ticket on 10.05.2015 due to change of her travel. The refund Ex.A4, Ex.A1 is the proof for refund of process. However the amount was not refunded to the Complainant. The Opposite Party stated that the amount was already refunded under Ex.A4. In respect of refund, it is stated in Ex.B4 that since your bank Karur Vysya Bank is a private undertaking, it may take up to 3 additional working days for the refund to reflect in your account as per the policies and also there could be few cases where the bank may take up to 20 days and we request you to verify the same with your bank.  However even after 20 days the amount was not refunded and credited Complainant in the Complainant account as stated above. The Ex.A4 letter of Opposite Party  is dated 04.10.2015. However the Complainant filed, Ex.A3 his bank account statement   till 17.11.2015. Nowhere in that statement the refund amount is reflected. Therefore, the Complainant proved that the amount was not refunded through documents and since the amount was not refunded to the Complainant’s account we hold that the Opposite Party  has committed deficiency in service.

 

           

5. POINT NO:2

          According to the Opposite Party he had refunded the amount on 04.10.2015. Since, the said amount was not refunded the Complainant is entitled for the refund of Rs.3,524/- from the Opposite Party with reasonable interest of 9% from 04.10.2015 for the said amount to him. Due to the Deficiency in Service, the Complainant suffered with mental agony is accepted and for the same, it would be appropriate to order a compensation of Rs.10,000/- besides a sum of Rs.5,000/- towards litigation expenses would be justified.

          In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 jointly or severally are ordered to refund a sum of Rs.3,524/- (Rupees three thousand five hundred and twenty four only) with 9% interest from 04.10.2015 to till the date of this order and also to pay a compensation of  Rs.10,000/- (Rupees ten thousand only) towards mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

The above amounts shall be payable to the complainant within 6 weeks from the date of receipt of the copy of this order, failing which the amounts shall carry 9%  interest till the date of payment.  

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 27^th day of January 2017.

 

MEMBER – II                                                               PRESIDENT

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 10.05.2015                            Refund process message

Ex.A2 dated 21/22.06.2015              Bank’s account statement

Ex.A3 dated NIL                               Statement of Accounts

Ex.A4 dated NIL                               Make my Trip

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES:

 

Ex.B1 dated 02.03.2015	Make  my Trip
Ex.B2 dated NIL                               Agreement Between User and Make My                                                              Trip click on the links below for details.
MEMBER – II                                                               PRESIDENT