A service provider can be held liable for damages caused by third-party services when terms are inadequately communicated to the consumer.

1. This Order shall dispose of a First Appeal filed by Appellant here in under against the Order of District Commission North Goa dated 27/11/2018 in CC / 43/2018 before the latter. Wherein the said District Commission had partly allowed the Complaint.

2. The Appellant was the Opposite Party and Respondent was the Complainant at the District Commission, North, Goa.

3. The Appellant states:
(a) That Make My Trip (India) Pvt. Ltd., is an Indian online travel company which provides online travel services including flights tickets, domestic and international holiday packages, hotel reservations, rail and bus tickets etc. and its registered office at B - 36, First floor, Pusa Road, New Delhi - 110005 and corporate office at 19th floor, DLF Building No. 5 Tower C, DLF Cyber, DLF Phase 2, Sector 25, Gurugram, Haryana 122002.
(b) The Appellants are a consumer centric company, which is managed through online web portal, i.e. www.makemytrip .com. That the Appellants act as merely a facilitator for booking the confirmed air tickets / hotel bookings on behalf of its customers with the concerned service providers.
(c) That the present Appeal has been filed by the Appellants who are aggrieved by the impugned Order dated November 27, 2018 passed by the Hon' ble District Commission in CC / 43/2018.
(d) Prior to detailing with the factual matrix leading to the present matter, which under compelling circumstances, unnecessarily dragged to presents case without any cause of action. That to understand the issue in hand, the Appellants will brief out the bookings made by the Respondent through the Appellants:
Booking ID
NL206321110420
Package
Charismatic Kashmir with Gulmarg
Travellers
Anita A. Hebbalkar, Arun Hebbalkar
and Mangesh Hebbalkar
Package price
Rs. 1,05,251
Departure City
Mumbai
Date of Journey
22nd May 2018 to 28th May 2018

4. The Respondent purchased online holiday package Ex - Mumbai to Kashmir titled "Charismatic Kashmir with Gulmarg 2018" from the Appellant for the period from 22/05/2018 to 28/05/2018 for Rs.1,05,251 which amount was fully paid to the Appellant by the Respondent on 22nd May, 2018. Therefore, a booking ID NL206321110420 for the transaction was generated. The package included the flight from Mumbai to Srinagar for which the Respondent had to board the same from Mumbai.

5. The Respondent along with the family boarded the particular bus arranged by the Appellant as scheduled on 21st May 2018. That the bus got delayed while reaching to Mumbai which resulted in missing the flight from Mumbai to Srinagar. On 22nd May, 2018, the respondent missed boarding the flight from Mumbai and had contacted the Appellants for immediate redressal of her grievance. The Appellants, by way of email, had offered an alternative of arranging a transfer the next day which was declined by the Respondent.

6. The Appellants had communicated with the Respondents on 03/06/2018 informing the Respondent about her ineligibility for the refund of the amount pertaining to the payment of the holiday package. Further to which, the Respondent sought the reason for the same, the Appellants in their email dated 07/06/2018 had clearly informed her.

7. On 21 June, 2018, the Respondent filed a Consumer Complaint bearing No. 43 of 2018 against the Appellants alleging deficiency in services.

8. Vide an Order dated November 27, 2018, the learned District Commission partly allowed the complaint filed by the Respondent against the Appellants.

9. The learned District Commission, had completely overlooked the fact that the main gist of the complaint revolves around the refund of tour amount of Rs.1,05,251. Aggrieved by the Impugned Order, the Appellant fil