DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 10th day of August, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 09/03/2023
CC/70/2023
Adithya. P. Anand,
S/o Nithyanandan. P.,
House No. 23,
Krishnaprabha, Giri Nagar - Complainant.
Akathethara. P. O, Palakkad -678008
(By Adv. Benny Job )
The Manager,
Make My Trip(India)Pvt.Ltd,
DLF Building, No.5,Tower -B,
DLF Cyber City, DLF Phase II,
Sector 25, Gurugram, - Opposite party
Haryana -120002
(Ex-Parte)
O R D E R
By Sri.Krishnankutty N.K., Member.
1.Pleadings of the Complainant.
The complainant tried to book train tickets through the online portal of the opposite party on 08/05/2022 twice for the journey from Palakkad to Thiruvananthapuram. Though the amount of Rs. 4020/-(2010×2) was debited to his account, the booking failed. But the OP has not refunded amount inspite of several contacts and correspondence with the opposite party.
Hence, this complaint is filed for getting the refund along with a compensation of Rs. 15000/-.
2. Notice was issued to the opposite party, but they didn't enter appearance
and hence was set ex-parte.
3. The complainant has been continuously absent for the proceedings. He didn't file proof affidavit or mark any document as evidence. Hence, the case was taken for orders based on merits.
4. As per section 38(6) of Consumer Protection Act, 2019, every complaint is to be heard on the basis of proof affidavit filed and documentary evidence placed on record. In the present case, the complainant has failed to do so and hence this Commission is not in a position to adjudicate on the merits of the case. Further it is not clear, whether, the OP has refunded the amount after the filing of this complaint.
5. In the result, the complaint is dismissed as the complaint failed to prove a prima facie case against the opposite party.
Pronounced in the open court on this the 10th day August , 2023.
Sd/-
Vinay Menon
President
Sd/-
Smt. A. Vidya,
Member,
Sd/- Krishnankutty N.K.
Member
Appendix
Documents marked from the side of complainant :Nil
Documents marked from the side of the opposite party :Nil
Witness examined -Nil
Cost :Nil.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
