State Consumer Disputes Redressal Commission
Dr Rajeev Ramsukh Jethliya vs Makemy Trip(India) Pvt. Ltd. on 14 January, 2016
1 F.A.No.:358/2014
Date of filing :04.07.2014
Date of order :14.01.2016
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
FIRST APPEAL NO. :358 OF 2014
IN COMPLAINT CASE NO.: 60 OF 2013
DISTRICT CONSUMER FORUM :JALNA
Dr.Rajeev Ramsukh Jethliya,
R/o Jethliya Hospital,
New Mondha Road, Bhokardan Naka,
Jalna, Dist.Jalna. ...APPELLANT
VERSUS
MakeMy Trip(India) Pvt.Ltd.,
Through its Chief Executive Officer,
Tower A, SP Infocity,
243, Udyog Vihar Phase-1,
Gurgaon-122016 (Haryana). ...RESPONDENT.
CORAM : Mr.S.M.Shembole, Hon`ble Presiding Judicial
Member.
Smt.Uma S.Bora, Hon`ble Member.
Present : Adv.Mr.Dhiraj Jethliya for appellant, Adv.Mr.R.H.Dahat for respondent.
O R A L JUDGMENT (Delivered on 14th January 2016) Per Mrs.Uma S.Bora, Hon`ble Member.
1. Dr.Rajeev Jethliya is appellant herein/org.complainant preferred this appeal by claiming enhancement of compensation 2 F.A.No.:358/2014 granted by District Consumer Forum Jalna while allowing consumer complaint No.60/2013.
2. Facts in nutshell are as under.
Complainant is well reputed doctor running hospital at Jalna. He had filed consumer complaint against MakeMy Trip(India) Pvt.Ltd., Gurgaon(Haryana). It is submitted by complainant that complainant being doctor is to attend the conference at Kolkatta and therefore he had approached to respondent for tour package and accordingly entered into contract. He decided to take his wife and children along with him. The total tour package costs Rs.1,50,000/- and accordingly complainant deposited Rs.30,000/- through online by State Bank of Hyderabad and Rs.1,20,000/- were deposited in the account of HDFC Bank. But even after receipt of total amount of consideration, respondent firstly did not contact the complainant as per schedule, earlier booking number was given different then it was cancelled. Cancellation charges though accepted were not refunded. Stay at Kolkatta was decided as to be five star hotel but in fact 4 star hotel possibly was provided, return package was also issued wrongly and therefore corrected. With all these facts complainant suffered severe mental agony. Therefore complainant filed consumer complaint by claiming refund of Rs.1,50,000/- with 18% interest from 18.5.2012 and Rs.15 lakhs for mental agony.
3. Respondent appeared before the Forum and resisted the complaint on the ground that District Consumer Forum Jalna has no jurisdiction because as per contract jurisdiction is to court at Delhi only. It is further submitted that though some mistake had happened they were corrected immediately after revealing fact. Some times agent appointed by respondent mischievously committed mistake. But immediately said were rectified. Therefore there is no deficiency in service . Even after cancellation of tour refund was 3 F.A.No.:358/2014 made. The agent who behaved improperly immediately removed from the service. Therefore there is no deficiency in service on the part of respondent.
4. After hearing both parties District Consumer Forum directed respondent to refund Rs.27,000/- as cancellation charges. Forum also directed respondent to pay Rs.61,432/- which were already averred by respondent and Rs.27,000/- in total Rs.88,432/- were directed to be returned with 12% interest from 31.12.2012. Forum also directed to pay Rs.10,000/- towards unfair trade practice and Rs.5000/- for cost.
5. Complainant came in appeal for enhancement of compensation. Adv.Dheeraj Jethliya appeared for appellant and Adv.R.H.Dahat for respondent. It is submitted by Adv.Dheeraj Jethliya for appellant that appellant/complainant is well known doctor in Jalna and on believing advertisement and promises given by respondent, complainant had availed tour package from respondent. But while conducting tour it was found that there was no proper management and many time unfair trade practice were committed by respondent. Therefore appellant suffered mental harassment. But District Consumer Forum did not consider the said fact and granted meagre amount as compensation. Hence this appeal.
6. Adv.R.H.Dahat for respondent submitted that though tour was booked with respondent some time appellant himself cancelled date and therefore there was no deficiency in service on the part of respondent. Even some mistakes had been committed by agent but immediately after revealing same said mistakes were rectified. Therefore it cannot be said that respondents are liable for any deficiency in service or unfair trade practice. Said agent was also removed from service. It is further submitted by Adv.Dahat that District Consumer Forum sufficiently granted compensation which is 4 F.A.No.:358/2014 near about consideration amount paid by appellant for tour. Hence appeal be dismissed.
7. We thus heard counsel for both side and perused the record. It is an admitted fact that appellant had booked package tour with the respondent. It is also admitted fact that some time severe mistakes were committed by agent of respondent. But it has also come on record that mistakes are immediately rectified by the respondent. In our view there is no such severe and serious harassment as alleged by the appellant. Even otherwise District Consumer Forum considered all the facts and evidence and granted compensation more than sufficient. In our view therefore enhancement is not required. In the result we pass the following order.
O R D E R
1. Appeal is dismissed.
2. No order as to cost.
3. Copies of the judgment be supplied to both the parties.
Sd/- Sd/- Uma S.Bora, S.M.Shembole, Member Presiding Judicial Member Mane