Rajasthan

StateCommission

A/1360/2017

Make My Trip India Pvt. Ltd. Through Chief Manager - Complainant(s)

Versus

Vijendar Mathur s/o Sh. Om Narayan Mathur - Opp.Party(s)

Ravindar Jain

17 Jan 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1360/2017

 

MakeMyTrip (India) Pvt.Ltd. through Chief Manager, Head office 19^th floor, Tower-A,B,C Building No. 5 DLF Cyber City Gurugram Haryana & ors.

Vs.

Vijendra Mathur s/o Om Narayan Mathur r/o House No. 4 Tha-23, Housing Board Colony, Shastri Nagar, Jaipur.

 

Date of Order 17.1.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Rahul Lodha counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order passed by

 

2

 

the District Forum, Jaipur 1^st dated 23.10.2017 whereby the claim is allowed against the appellant. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 14 days but looking at the reasons mentioned in the application the delay is condoned.

 

The contention of the appellant is that they are not deficient, due to refusal of visa the complainant could not travel hence, the claim should have been dismissed. His further contention is that he received the intimation of refusal of visa only on 26.8.2013 and when cancellation was within seven days before the date of departure they were entitled to forfeit the total money.

 

Heard the counsel for the appellant and perused the impugned judgment as well as documents submitted by the appellant.

 

There is no dispute about the fact that the consumer booked the package tour with the appellants. On 23.5.2013 he

 

3

 

paid Rs. 60,000/- and thereafter on receiving the e-mail dated 20.8.2013 from the appellants he deposited the rest of the amount of Rs. 1,92,970/- on 21.8.2013.

 

It is also not in dispute that the embassy has refused the visa to the consumer on 19.8.2013. The contention of the appellants is that they could receive the information about rejection of the visa only on 26.8.2013 but no document has been submitted to support this contention and further more it may be noted that embassies updates about the processing of the visa from time to time and the appellants could know about the status of the visa application through tracking system. Hence, it is more that clear that the appellant was in knowledge of the fact that visa is refused on 19.8.2013 inspite of this he e-mailed dated 20.8.2013 for deposit of the remaining amount and this amount was also accepted on 21.8.2013 and the Forum below has rightly held them deficient.

 

The appellant has submitted the judgment passed by the Haryana State Commission in First Appeal No. 1144/2016 Mohit Madan Vs. Make My Trip where visa was cancelled by

 

 

4

 

the embassy without any fault of the service provider and it was held that service provider has acted only as fecilator for visa process and no deficiency was attached to them but here in the present case when visa was refused on 19.8.2013 and it was in the knowledge of the appellant inspite of this they have further charged money from the consumer and the Forum below has rightly allowed the claim.

 

The other contention of the appellants is that documents were submitted late. Be that may be the case the facts remain the same that interview date was fixed on 16.8.2013 hence, delay in sending documents if any is inconsequential.

 

The other contention of the appellant is that on 21.8.2013 only Rs. 1,92,970/- were paid. Rest of the amount of Rs.60,000/- were already paid hence, could not be refunded but facts remain the same that due to deficiency of the appellant the consumer could not pursue their tour and by adopting unfair trade practice the appellants have not intimated the consumer about rejection of the visa and even further money

 

5

 

has been asked and accepted. The Forum below has rightly ordered for refund of the total amount.

 

Hence, in view of the above there is no merit in this appeal not worth admission and stands dismissed.

 

(Nisha Gupta) President

nm