APPEAL No.233/2021

Date of Filing : 09.03.2021

Date of Disposal : 19.03.2021

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 19^th MARCH 2021

PRESENT

Mr KRISHNAMURTHY B. SANGANNANAVAR: JUDICIAL MEMBER

Mrs DIVYASHREE M: LADY MEMBER

APPEAL NO.233/2021

Mr.Make My Trip (India) Pvt. Ltd.,

Having Office at The Centrum

2^nd Floor, Near Safina Plaza

Infantry Road, Land Mark

Opp. Prestige Cooper Arch

Bengaluru-560 001

Rep. by its Authorised Signatory Appellant

(By Mr.Narasimhan S)

-Versus-

Mr.Shanmukha P

S/o Puttappa

Aged about 26 years

Residing at No.408

Suavity Amuulya Apartment

Kammasandra Main Road

Electronic City, 2^nd Phase

Bangalore-560 100

Respondent

-:ORDER:-

Mr.KRISHNAMURTHY B. SANGANNANAVAR: JUDICIAL MEMBER

1. This is an Appeal filed by OP under section 41 of CP Act, 2019

aggrieved by the order dated 19.12.2020 passed in Consumer

Complaint No.459/2019 passed by I Additional District Consumer

Disputes

Redressal

Commission,

Bengaluru.(for

short

District

Commission).

2. The facts in brief as stated by the complainant before the District

Commission: He had booked e-ticket from Nassau to Bengaluru using

APPEAL No.233/2021

the Booking ID:NN7269626426261 on 27.01.2019for journey on

06.06.2019 by paying a sum of Rs.66,430/- and he had received e-

ticket by confirming the journey which read as cancellation is ‘non-

refundable and dates are non-changeable’. That the complainant tries

to reach the customer care number, he provided on the Web since the

ticket was booked at night, his calls were unanswered. He spoke to the

Customer Care on 28.01.2019 and had registered a complaint. Few e-

mails were sent to the complainant confirming that e-ticket will be

refundable and that the complainant had requested the OP to resend a

fresh e-ticket bearing the words ‘refundable’ and ‘changeable’ on it.

The OP was reluctant in sending a fresh e-ticket and kept on seeking

additional time to revert. He received e-mails it was proposed to

provide a gift voucher of Rs.2,500/- which could be redeemed in future

and also stated that ticket without non-refundable and that he refused

to accept the offer. He requested several times and asked for refundable

ticket or refund of the ticket amount over mail but OP went on

postponing the issue with one or the other pretext with mala-fide

intention and therefore, OP is liable for deficiency in service.

3. In view of the alleged complaint, though OP appeared before the

District Commission did not chose to file version within 45 days from

the date of service of notice and his application seeking permission to

file version came to be rejected. Accordingly, Commission below held an

enquiry of the complaint filed by the complainant under section 12 of

the Consumer Protection Act, 1986 thereby found OP deficient in

service, thereby directed him to pay a sum of Rs.66,430/- along with

interest @ 12 p.a from 04.02.2019 and to provide refundable/re-

changeable ticket in case complainant desires and expresses in writing

to the OP. Further do pay a sum of Rs.5,000/- towards litigation

expenses and Rs.5,000/- as damages within 30 days from the date of

receipt of the order.

APPEAL No.233/2021

4. Now, the above order is impugned in this Appeal on the ground

that Commission below erred in appreciating the materials on record

and failed to consider the circular issued by Office of the Director

General of Civil Aviation, Government of India dated 12.05.2008, which

is liable to be set aside and the complaint against OP deserved to be

dismissed.

5. Commission heard learned counsel for Appellant/OP.

6. We have gone through the impugned order dated 19.12.2020

passed by the Commission below, thereby found Commission below,

did not considered the important document issued by the Director

General

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