Complaint filed on: 11-06-2015                                                      Disposed on: 04-11-2016

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No. 71/2015

DATED THIS THE 4^th DAY OF NOVEMBER 2016

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER

SMT.GIRIJA, B.A., LADY MEMBER

Complainant: -                 

                                        Ramona Maria Fernandes,

                                                Aged about 18 years,

                                                D/o. B.C.Fernandes,

                                                Student-SIT Hostel,

                                                Room No.219, Akkamahadevi

Hostel, 9^th Cross, SIT Extension,

Batawadi, Tumakuru-03

Karnataka                                       

 (Advocate by Sri.B.V.Kamath)

V/s

Opposite parties:-    

1. The Managing Director,

MakeMy Trip India Pvt. Ltd,

Tower A SP Infocity,

243, Udyog Vihar Phase I,

Gurgaon, Haryna-122016

India

2. Hithesh Joshi,

MakeMy Trip India Pvt. Ltd,

Tower A SP Infocity,

243, Udyog Vihar Phase I,

Gurgaon, Haryna-122016

India

3. Darshan Menon,

MakeMy Trip India Pvt. Ltd,

Tower-A SP Infocity,

243, Udyog Vihar Phase I,

Gurgaon, Haryna-122016

India

(OPs No.1 by D.Manjunatha-

Advocate)

(OP No.2- Exparte)

(OPs No.3 by T.N.Manjunath-

Advocate)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint is filed against the OPs No.1 to 3, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OPs No.1 to 3 to award the cost of litigation of Rs.10,000=00 for the loss and determents suffered and to refund the E-ticket amount of R.30,604=00 along with interest @12% p.a. from the date of default, till realization and to pay the damages of Rs.25,000=00 for the faulty service and unfair trade practice, in the interest of justice and equity.

2. The brief facts of the complaint is as under.

          The complainant is a student of Siddaganga Institute of Technology, Tumakuru and she has entered the Web-site of the OPs for booking the flight ticket for travelling from Mangalore to Delhi. The OPs are engaged in booking Air tickets hotel booking specially for flight customers and the OPs are the service provider. The 1^st OP is the Company and the OPs no.2 and 3 are the booking agents of the 1^st OP.

          The complainant further submitted that, after entering the Web-site of the 1^st OP for booking of Air ticket, the complainant entered the date of travelling as 25-4-2015 and return date as 29-4-2015. Thereafter, on confirmation of the date and completing the procedures, the OPs demanded for the payment for two tickets. The complainant has made payment of Rs.30,604=00 through e-payment. The complainant has got the confirmation of the tickets and taken the e-print of the tickets. The complainant further submitted that, to the utter shock and surprise, the print out depicted the date of travelling as Jan. 25^th 2015 and return date as 29-1-2015.

          The complainant further submitted that, the complainant had contacted the 1^st OP. In response to the contact, the OP no.2 and 3 responded to the complainant. The complainant has cautioned the OPs to take legal action, if e-ticket amount is not refunded. The OP has declined to refund the e-ticket amount. 

The complainant further submitted that, the OPs are engaged in unfair trade practice The services rendered by them falls under the caption “Unfair trade practice” and deficiency in service” The OPs failed to refund the e-ticket amount. Hence the present complaint is filed.

3. In response to the notice, the OP No.1 and 3 have appeared through their counsel. The 1^st OP has filed objection. Inspite of granting sufficient time, the 3^rd OP has not filed objection, hence it is taken as objection not filed. The 2^nd OP has not appeared before the forum and he has been called out absent and he was placed exparte.

4. The 1^st OP has filed objections and contended that, all the allegations contended in the complaint are denied as false. The contents of the complaint are false, frivolous and vexatious and the complaint is not maintainable either in law or on fact. There is no deficiency of service on the part of the OPs. It is further contended that, the 1^st OP is the head office and OPs no.2 and 3 are the employees of the 1^st OP at Gurgaon. The 1^st OP submitted that, the OP is a reputed and highly acclaimed Tour and Travel Company having presence in all major parts of India and abroad. Its business is booking of air tickets, bus tickets, hotels, organizing national and international tours. For this purpose, the airline companies and other respective service providers permit and facilitate the OP’s through its Web link for booking of tickets and selling other services.  The 1^st OP submitted that, if the customers who incline to book air tickets online for their travel through the OP’s website, they have to accept the terms and conditions of User Agreement at the time of booking. The 1^st OP further contended that, the complainant visited the OP’s website on 18^th Jan. 2015 and searched at the first instance for the booking of air tickets for the month of April 2015 and booked to and fro flight tickets for two persons in Go Airlines to travel on 25^th Jan, 2015 from Mangalore to Delhi and return journey on 29^th Jan. 2015 in spice Jet Airlines. In the process of the said booking the complainant agreed the terms and conditions of online User Agreement which is applicable and binding on both the complainant and OPs. The complainant paid an amount of Rs.30,604=00 on 18^th Jan.2015 at the time of booking tickets. The Ops have issued confirmed e-tickets on 19^th Jan. 2015 to the complainant as per complainant booking request to travel from Mangalore to Delhi on 25-1-2015 and Delhi to Mangalore on 29-01-2015. Thus the 1^st OP discharged its obligation towards the complainant by issuing confirmed e-tickets to travel as per complainant booking. 

The 1^st OP further submitted that, the complainant has not come to this forum with clean hands and suppressed material facts which shows his/her negligence and mistake on his/her part while booking tickets. The complainant himself/herself booked air tickets for the dates 25-1-2015 and 29-1-2015. The OPs have no chance to interfere with the dates of booking as it purely depends upon information, dates filled by the complainant at the time of booking through OP website. In fact as per the logs available with the OPs, the complainant searched through OP website to book tickets for the month of April 2015. Later the complainant booked tickets for the journey dated 25-1-2015 and 29-1-2015 for return journey. The 1^st OP issued e-tickets for the scheduled journey as booked and as per complainant request. The 1^st OP further submitted that, as per the complainant request, they booked hotel rooms at Delhi for the same dates and issued hotel voucher. As this is an online booking, there is no interference of the OP in changing the dates. The complainant booked wrong dates and there is negligence or mistake on the part of the OP. The hotel booking was also duly confirmed and voucher was sent to the complainant.

The 1^st OP further submitted that, the OP had not committed any default and deficiency of service. The OPs have merely acted as a facilitator in booking and issuing tickets of Go Airlines and Spice Jet Airlines. The OPs have discharged its contractual obligation by booking and issuing e-tickets to the complainant. The OPs had no role in committing default and remitted the ticket amount to the airlines account at the time of booking air tickets. The OPs further submitted that, the complainant did not send any request for cancellation of e-tickets issued to the complainant until departure of flight timings even though OPs sent it to the complainant on 19-1-2015. The complainant sent a request for cancellation after departure timings on 25-1-2015.

The OP further submitted that, the complainant has admitted that he/she booked wrongly the date of journey vide email dated 25-1-2015 at 7.39 p.m. The complainant/travelers did not report at the airlines counter in Airport, Bengaluru for travel on 25-1-2015. So the Go Airlines recorded it as “no show” which means the ticket holders did not attended to report at airlines counter for their journey. As per the policy of airlines, when the customers booked Air tickets and not attended at the airline counter (no show), the ticket amount will be not returned to the customers.

The OP further submitted that, this forum has no jurisdiction to entertain the complaint. As per the jurisdiction clause contained in the “User Agreement” agreed between the complainant and this OP, this jurisdiction is restricted to forum in NCR of Delhi. 

The 1^st OP further submitted that, the complainant must prove the loss suffered due to the acts and omissions of the OP and there has been no such quantified loss enunciated by the complainant in the complaint. The OPs have not liable to pay ticket amount and any compensation to the complainant. The OPs have not committed any unfair trade practice. The complainant is not entitled to claim refund of ticket amount, when the complainant had not utilized the tickets issued by this OP and any compensation from this OP, when there is no deficiency of service on his part. Hence it is prayed to dismiss the complaint with cost.

6. In the course of enquiry into the complaint, the complainant and 1^st OP has filed their affidavit evidence reproducing what they have stated in their respective complaint and version.  The complainant marked the documents at Ex-CW1 to CW4 and the 1^st OP has marked the documents Ex-OP1 to Ex-OP5. We have heard the arguments and perused the documents and posted the case for orders.  

7. Based on the above materials, the following points will arise for our consideration.

1.     Whether there was deficiency in service on the part of the OPs as alleged by the      complainant?

2.     What Order?      

8. Our findings on the above points are;

          Point no.1: In the Negative

          Point no.2: As per the final order below.

REASONS

          9. Admittedly, the complainant had booked the air tickets on 18-1-2015 through OP’s Website. The contention of the complainant is that, she intended to travel from Mangalore to New Delhi on 25-4-2015 and return on 29-4-2015. However, the complainant entered the OPs Website on 18-1-2016 and booked the air tickets to and fro travel and paid Rs.30-604=00.

          10. The complainant alleged that, the OPs Website has wrongly made entry and sent E-tickets for traveling as on 25-1-2015 and return date as 29-1-2015. Hence the complainant approached the OPs and sought for refund of the amount paid, but the OPs have failed to do so.

          11. Per-contra, the OPs submitted that, the complainant has visited the OPs Website on 18-1-2015 and searched for booking Air tickets in the month of April 2015 and booked the Air tickets to travel on 25-1-2015 from Bengaluru to Delhi and return journey on 29-1-2015. After completion of the terms and conditions of the User Agreement, the complainant paid Rs.30,604=00 on 18-1-2015. Hence the OPs have issued E-tickets confirmation on 19-1-2015 and the same was received by the complainant.

12. The OPs further submitted that, after receiving E-tickets from the OPs, the complainant did not send any email letter for cancellation of E-tickets, until departure of the flight timings. Further complainant herself admitted that, in view of e-mail dated 25-1-2015 that she has booked air tickets wrongly entering the date of journey while booking the air tickets. To substantiate this fact, the OPs have produced document/Ex-P5. On perusal of the documents/Ex-P5, it is seen that, the complainant herself admitted that, she has wrongly booked the tickets. Further the complainant has not produced any documents to show that, she has approached the OPs for cancellation of E-ticket before departure of the flight.

13. On perusal of the documents and pleadings of both parties, there is no deficiency on the part of the OPs. Firstly, the complainant has not made any attempt to cancel the E-tickets after receiving the confirmed E-tickets for travel on 19-1-2015. Merely the complainant has attempted to cancel the E-tickets after departure of the flight timings.

13. Secondly, the complainant herself has admitted in the Email dated 25-1-2015 that, she has wrongly entered the date of journey herself while booking the air tickets. Hence, we come to conclusion that, the complainant has committed the mistake while booking the air tickets and also the complainant has not cancelled the E-tickets before departure of the flight. So there is no deficiency of service on the part of the OPs. In the result, for the foregoing reasons, we proceed to pass the following order.

ORDER

The complaint is dismissed. No cost.  

          Supply free copy of this order to both parties. 

          (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 4^th day of November 2016).

MEMBER                       MEMBER                       PRESIDENT