BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

FA.NO.775 OF 2019 AGAINST ORDERS IN CC.NO.169 OF 2017, ON THE FILE OF DISTRICT CONSUMER COMMISSION-I, HYDERABAD Between:

1. The Managing Director Make My Trip India Private Limited, Having its Registered Office at B-36, 1st Floor, Pusa Road, New Delhi – 110005 and Corporate Office At 19th Floor, Tower A, B & C.

Epitome Building No.5, DLF Cyber City, Phase II, Gurugram 122 002, India.

2. Make My Trip India Private Limited, Represented by its Branch Manager, 1st Floor, ABK Olbee Plaza, Road No.1, Banjara Hills, Opp: Care Hospital, Hyderabad – 500 034. Telangana.

....Appellants/Opp.Parties And Kaveti Raghu Ramaiah, S/o.K.Narsaiah, Aged about 68 years, R/o.Plot No.43, Balamrai Housing Society, Road No.2, Mahindra Hills, Secunderabad, Hyderabad – 500 026.

Telangana.

....Respondent/Complainant Counsel for the Appellants/Opp.Parties: M/s. P.Shreyas Reddy Counsel for the Respondent/Complainant : Sri G. Allabaksh QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU….MEMBER-JUDICIAL FRIDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND TWENTY FOUR *******

Order : (Per Smt.Meena Ramanathan, Hon’ble I/c President)

1. This appeal is filed by the Appellants/Opposite Parties under Section 15 of Consumer Protection Act, 1986 against the order passed in CC.No.169 of 2017 dated 08.07.2019 on the file of District Consumer Commission-I, Hyderabad.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint.

3. The brief facts of the complaint are that – the Complainant booked a tour package for himself and his family members (4 in all) through Opposite Parties and paid a total amount of Rs.4,26,380/-. The booking ID/Ref.No.2NUAQB was provided to him and date of travel was on 28.08.2016. Unfortunately, owing to a medical emergency they could not undertake the journey and only his daughter who was to join duty at Amsterdam, travelled on the pre-booked ticket, one way only. The present complaint is raised seeking refund of the amount spent by him for the tour. He submits that only the air fare amount of Rs.1,40,551/- is refunded by the Opposite Parties, but not the balance amount of Rs.2,00,829/-. Since the cancellation was due to an emergency medical condition and the circumstances were explained to the Opposite Parties, however they have failed to respond and therefore, the present C.C. is instituted as prayed for.

4. The Opposite Parties No.1 and 2 filed their written version with the following submissions:

That the Opposite Parties are a leading online travel aggregator providing a holistic range of travel solutions. Admittedly, the Complainant was hospitalized on 26.08.2016 and the travel was on 28.08.2016 and refund in such cases is clearly mentioned in their cancellation policy in the brochure and this has been communicated to the Complainant at the time of booking i.e., 02.08.2016. As per the Company policy as the booking was cancelled just two days prior to departure date, it falls under 100% non-refundable clause but as a special case they have refunded Rs.1,40,551/- and the Complainant has failed to prove any cause of action or prima facie deficiency in service against the Opposite Parties No.1 and 2 and therefore, pray dismissal of the complaint.

5. During the course of enquiry the Complainant filed evidence affidavit and got marked Ex.A1 to A4. The Opposite Parties filed evidence affidavit and Ex.B1 and B2 are marked on their behalf.

6. The District Commission after hearing arguments and after examining the material borne by the record, allowed the complaint in part directing the Opposite Parties to refund an amount of Rs.2,00,829/- to the Complainant with interest thereon at 18% p.a. from 28.08.2016 to the date of payment; to pay a sum of Rs.25,000/- as compensation for causing mental agony and hardship; to pay Rs.5,000/- towards costs of the complaint. Time for compliance is one month from service of the order.

7. Aggri