| First Appeal No. A/1178/2016 | | (Arisen out of Order Dated 01/09/2016 in Case No. Complaint Case No. CC/132/2016 of District Kolkata-II(Central)) |
| | | | 1. Chairman and Group CEO Make My Trip | | Head office, Make My Trip India Pvt. Ltd., 103, Udyog Vihar Phase-1, Gurgaon -122 016, Haryana, India. | | 2. Godfrey Rodrigues, Make My Trip India Pvt. Ltd. | | 3rd Floor, Premier House, Plot no.38, Canal Road, MIDC, Andheri(E), Mumbai - 400 093, India. | | 3. Vipin Chauhan, Travel Specialist, Make My Trip India Pvt. Ltd. | | 243, SP Infocity, Udyog Vihar Phase -1, Gurgaon, Haryana - 122 016, India. | | 4. Mr. Adil, Travel Specialist, Make My Trip India Pvt. Ltd. | | 243, SP Infocity, Udyog Vihar Phase -1, Gurgaon, Haryana - 122 016, India. | | 5. Br. Manager, Make My Trip India Pvt. Ltd. | | S -201, 2nd Floor, Ideal Plaza, 11/1, Sarat Bose Road, P.S. - Bhawanipore, Kolkata -700 020. |
| ...........Appellant(s) | |
| Versus | | 1. Soumitra Chaudhuri | | Chief Manager, Union Bank of India, Overseas Br., 9, India Exchange Place, P.S.- Hare Street, Kolkata - 700 001. | | 2. Sidharth Sankar Das, Manager, Union Bank of India, Overseas Br. | | 9, India Exchange Place, P.S.- Hare Street, Kolkata - 700 001. |
| ...........Respondent(s) |
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| Final Order / Judgement | Date of Filing – 05.12.2016
Date of Hearing – 11.01.2017
PER HON’BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER
The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of the Opposite Parties to impeach the Order no.14 dated 01.09.2016 passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-II (for short, Ld. District Forum) in Consumer Complaint no. 132/2016 whereby the consumer complaint initiated by the Respondents under Section 12 of the Act was allowed with certain directions upon the OPs/Appellants like – (a) to refund Rs.1,60,000/- after deduction of 10% thereof; (b) to pay Rs.25,000/- as compensation and (c) Rs.5,000/- each as litigation cost.
The Respondents herein being Complainants lodged the complaint with the assertion that with a view to conduct ‘European Spelendour 2015’ the OPs came to contact with them through E-mail and OP no.3 influenced them by representing themselves a responsible tour organiser, for which the Complainants with great expectation and hope intended to join in the said tour programme from 09.11.2015 to 17.11.2015. As per requirement of the OPs, Complainants paid in total Rs.1,60,000/- as advance/booking money for the said tour. Thereafter, the Complainants vide e-mail despatch all the documents along with original passport to OP no.2 in their address at Mumbai. Thereafter, Complainants came to know that their Visa has been rejected by the Office of the French Consulate in Mumbai. The Complainants alleged that OPs never asked them to make their presence in the embassy/High Commissioner Office. On 19.01.2016, the Complainants wrote one letter to the Branch Manager of Make My Trip (OP no.5) at Kolkata where the Complainants narrated the entire facts and demanded refund of the entire advanced money paid by them to the OPs for their bookings but the OPs turned a deaf ear. Hence, the Respondents approached the Ld. District Forum with prayer for refund of entire advanced money, compensation of Rs.5,00,000/- each and litigation cost etc.
The Appellants herein being OPs by filing a joint written version have stated that they cannot be held responsible for rejection of Visa in any form or any loss arising out of the same. The OPs stated that the Visa was rejected from French Consulate General, Mumbai the reason provided was ‘purpose of stay wa
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