STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No.848 of 2022 Date of institution : 04.10.2022 Date of Reserve : 12.04.2023 Date of Decision : 03.05.2023

1. Sarbjit Singh Sidhu S/o S.Kirpal Singh resident of H.No.HJ-54, Housing Board Colony, BRS, Ludhiana.

2. Rajwant Kaur Sidhu W/o Sarbjit Singh Sidhu resident of H.No.HJ-

54, Housing Board Colony, BRS, Ludhiana.

3. Manjit Singh Gill S/o Late S.Gurnam Singh.

4. Rashpal Kaur Gill W/o Manjit Singh Gill.

5. Kuldep Singh Gill S/o Late S.Gurnam Singh.

6. Paramjit Kaur Gill W/o Kuldeep Singh Gill resident of near Gas Agency, Pul Sudhar, District Ludhiana.

All 2-6 through their power of attorney of Sh.Sarbjit Singh Sidhu Complainant/appellant No.1.

…….Appellants/Complainants Versus

1. Make My Trip India Pvt. Ltd., SCO 33, Malhar Cinema Road, Sarabha Nagar, Main Market (Kipps Market), Ludhiana, Punjab-

141001. (through its Manager).

2. Make My Trip India Pvt. Ltd., 18^th Floor Tower A, B and 19^th Floor A, B, C, Building No.5, DLF Cyber City, Phase-III, Gurgaon.

(through its Manager).

3. Make My Trip India Pvt. Ltd., 19^th Floor, Tower A, B, C, Epitome Building No.5, DLF Cyber City, Phase-III, Gurgaon-122002.

(through its Manager).

4. IndiGo Airlines Head Office, Level 1, Tower C, Global Business Park, Mehrauli-Gurgaon Road, Haryana, India-122022. (through its General Manager).

5. Ms.Shamika Kulkarni, Authorized Signatory, Legal Department, Make My Trip, India Pvt. Ltd., Make My Trip India Pvt. Ltd., 19^th Floor, Tower A, B, C, Epitome Building No.5, DLF Cyber City, Phase-III, Gurgaon-122002.

…….Respondents/Opposite Parties First Appeal U/S 41 of the Consumer Protection Act, 2019 against the Order dated 22.07.2022 passed by the District Consumer Disputes Redressal Commission, Ludhiana.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present :-

For the appellants : None For respondents No.1-3&5 : Ms.Kusum Kaushik, Adv. for Sh.Nitin Bhasin, Advocate For respondent No.4 : Sh.Rahul Garg, Advocate SIMARJOT KAUR, MEMBER Appellants/Complainants-Sarabjit Singh and Ors. have filed the present appeal under Section 41 of the Consumer Protection Act, 2019 (in short ‘The Act’) being aggrieved by the impugned Order dated 22.07.2022 passed by the District Consumer Disputes Redressal Commission, Ludhiana (in short ‘the District Commission’)

whereby the complaint filed by the complainants was partly allowed.

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the complainants before the District Commission are that complainants booked a joint tour package for 4 nights from Delhi to Port Blair and for Havelock with visit to Elephant beach from 02.11.2018 to 06.11.2018 vide booking ID No.NL 2106441458225. The booking was done through OPs No.1 to 3. An amount of Rs.2,52,427/- was paid to the OPs for the entire trip which included travelling by air from Delhi to Port Blair, stay in hotels, ferries and providing vehicles for pick & drop including sightseeing. It was also mentioned in the complaint that OPs No.1-3 had made arrangements through Indigo Airline for traveling from Delhi to Port Blair on 02.11.2018 at 04.55am with a two hour stay at Hyderabad. The complainants reached Delhi on 01.11.2018 to board the morning flight of 02.11.2018 but there was no arrangement of the flight as scheduled flight had been cancelled. The OPs did not arrange any other flight and they demanded another sum of Rs.50,000/- for arranging other morning flight for 02.11.2018 even though they were bound by the terms and conditions of the tour package. It was also mentioned in the complaint that due to negligence of OPs the plan of the complainant for 02.11.2018 was spoiled. I