Chandigarh

DF-II

CC/659/2015

Teginder Singh Walia - Complainant(s)

Versus

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

Devinder Kumar Adv.

15 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	659 of 2015
Date  of  Institution	:	17.11.2015
Date   of   Decision	:	15.03.2017

 

 

 

1]  Teginder Singh Walia s/o S.Mohinder Singh Walia, R/o #459, Phase-2, Mohali.

2]  Karamjit Singh Sangeal s/o S.Karnail Singh, R/o H.No.40, Village Dubali, Tehsil Kharar, District Mohali.

3]  Sanjay Kumar s/o Sh.Gian Chand, R/o #498, Phase-2, Mohali.

4]  Davinder Singh s/o Sardara Singh, R/o #473, Phase-2, Mohali.

             …..Complainants

Versus

1]  MakeMy Trip India Pvt. Ltd., Tower-A, SP Infocity, 243, Udyog Vihar, Phas-1, Gurgaon 122016, Haryana through its Managing Director.

2]  Liesure Flies Pvt. Ltd., Cabin NO.57, SCO No.122-123, Sector 8-C, Madhya Marg, Chandigarh through its Managing Director.

 

….. Opposite Parties  

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH             MEMBER 

        

 

For complainant(s)      : Sh.Devinder Kumar, Advocate

 

For Opposite Party(s)   : Sh.Rahul Garg, Adv. for OP-1.

  Sh.Gaurav Bhardwaj, Adv. for OP -2.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          Briefly stated, the complainants approached OP No.2 for holiday tour of Europe, who assured that the tour would be managed by OP No.1 starting form 27.7.2015.  It is averred that the visa was to be arranged by OP No.1 and the total price of the tour was Rs.1,35,990/- per person. The complainants paid an amount of Rs.5000/- as advance to OP No.1 through OP No.2 (Ann.C-1 & C-2).  It is also averred that the complainants were given an online discount of Rs.40,000/- and the total amount was settled at Rs.5,21,599/- and the rest of the amount was to be paid in two installments by 14.6.2015 and 15.7.2015.  The complainants further paid Rs.2.00 lakh on 26.6.2015 and provided all documents to OP No.2, who forwarded the same to OP No.1 for visa purposes (Ann.C-4 colly & C-5). It is further averred that the complainant waited patiently and kept ready the balance payment, but OP No.1 failed to arrange the visa for complainants. It is submitted that the complainant called OPs a number of time and it was informed that the visas could not be arranged and the money shall be refunded shortly which they can collect from OP No.2.  It is also submitted that the complainants visited Opposite Party NO.2 but no amount got refunded and ultimately, Opposite Party NO.1 informed that it has forfeited the entire amount of Rs.2,05,000/- as per their cancellation policy.  Hence, this complaint has been filed alleging the above act & conduct of the OPs as deficiency in service and unfair trade practice.

 

2]       The Opposite Party NO.1 has filed reply and took objection that this Forum has no territorial jurisdiction to entertain the matter in dispute. It is stated that although it was supposed to arrange the Visa for the complainants, but the arrangement was in a kind of assistance provided to the complainants for submission of the application before Embassy/High Commission.  It is stated that the complainants themselves have accepted the terms of the conformation voucher by making a payment of Rs.5000/- wherein it is clearly mentioned that if the payments are not made in as per the schedule, then the booking may be forfeited. It is further stated that the complainants themselves failed to make the payment, as per the agreed schedule and are now trying to shift the burden on OP No.1. It is submitted further that as per the terms & conditions of Out Bound Tours, the OP No.1 never agreed for any refunds. It is submitted that answering OP forwarded all the documents of complainants to concerned embassy, but the concerned Embassy did not find the complainants suitable for granting the Visa and hence rejected the same, it being their prerogative. It is also submitted that the answering Opposite Party had forfeited the amount of Rs.2,05,000/- paid by the complainant as per the policy.  Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.  

 

         The OP No.2 has also filed reply and while admitting the factual matrix of the case, stated that the documents were duly forwarded and received by OP No.1 stated that the complainants were informed, as per the information received from OP No.1, that the Visa could not be arranged and the money shall shortly be refunded to the answering Opposite Party NO.2. But the money was not refunded and the same is lying with OP No.1.  It is admitted that the tour was not cancelled by the complainant, yet the amount was forfeited as per cancellation policy by OP No.1. It is submitted that the answering Opposite Party is not liable to refund any amount or pay any compensation as the amount is lying with OP No.1 who forfeited the entire amount. Rest of the allegations have been denied with a prayer to dismiss the complaint qua OP No.2.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld. Counsel for the parties and have also perused the record as well as written arguments.  

 

5]       The objection of the OP No.1 qua territorial jurisdiction, is not sustainable in view of the fact that the complainant got booked the tour package in question from OP No.1 through OP No.2 and all the payments made were paid through OP No.2 only which is well situated within the jurisdiction of this Forum.

 

6]       On merits also, the OP No.1 is weak in its defence.  It is proven case before us where the arbitrariness of the OP No.1 is writ large and the present complaint deserves to be allowed against OP No.1 only. It is duly admitted that the complainants booked Europe Holiday Tour with Opposite Party No.1 through Opposite Party No.2 and the advance payment of Rs.5000/- is also confirmed against the above booking.  Further, the payment of Rs.2,00,000/- is also admitted and proved on record.  The evidence placed on record comprising correspondences exchanged between the OPs interse and the submissions of the OPs No.2 made in its reply, establishes/proves that Opposite Party NO.1 failed to arrange for the Visa, which it duly informed to OP No.2 with further assurance that money (paid by the complainants) will be shortly refunded to OP No.2; which OP No.2 claims that the same was not refunded to it and the same is still lying with OP No.1. 

 

7]       The Opposite Party No.1 badly failed to project the sincere efforts put in by it to arrange for the Visa for the complainants, as per its commitment, as admitted in its reply.

 

8]      It is the plea of OP No.1 that the complainants themselves have accepted and agreed to adhered to the terms & conditions of the conformation voucher by making a payment of Rs.5000/- that if the payments are not made in as per the schedule, then the booking may be forfeited and the refund shall be according to the cancellation policy.  The OP No.1 further claimed that as per cancellation policy it is entitled to deduct 100% of the total price of the holiday package i.e. Rs.5,22,000/-, but as the complainants paid only the partial amount of Rs.2,05,000/-, therefore, the Opposite Party No.1 had forfeited the same as per their policy. 

 

9]       The above pleas of the OP No.1, are not more than a bundle of lies which divulges the arbitrariness practiced by it, as it is evident on record that the complainants were always ready & willing to pay the balance amount for the tour booked by them.  There is nothing to prove that the complainants were ever called upon to submit the balance payment or were timely apprised about their visa status.

 

10]      From the above observations, we are of the concerted view that the Opposite Party NO.1 is found deficient in rendering proper service to the complainants and also liable for indulging into unfair trade practice. Hence, the present complaint of the Complainants is allowed qua Opposite Party No.1 and dismissed qua Opposite Party NO.2. The Opposite Party No.1 is directed as under:-

 

[a] To refund an amount ofRs.2,05,000/- to the complainants;

 

[b] To pay Rs.25,000/- to the complainants as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service and indulging into unfair trade practice.

 

[c] To pay Rs.10,000/- towards litigation expenses to the complainant. 

 

         The above said order shall be complied within 45 days of its receipt by the Opposite Party No.1; thereafter, it shall also be liable to pay an interest @12% per annum on the amounts as mentioned in sub-para [a] & [b] above, from the date of filing of the complaint till it is paid, apart from paying litigation expenses.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

15^th March, 2017                                                                             Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER