Deficiency In Service In Booked Tour Package, Hyderabad Commissions Orders MakeMyTrip To Refund Amount, Pay 25k Compensation

Brief Facts:

K.S. Sriharsha (“Complainant”), a 29-year-old IT employee, and his wife embarked on a planned vacation, booking a comprehensive tour package through MakeMyTrip. Their itinerary included visits to Shimla, Manali, and Chandigarh, spanning from January 2nd to January 9th, 2022. The total cost for the tour package was Rs. 44,407. Tragically, on January 4th, 2022, while en route to Manali, their journey took an unexpected turn when their car was involved in an accident near CH Markand. Both the Complainant and his wife sustained severe injuries and required immediate medical attention. This unfortunate incident resulted in unforeseen expenses and complications during their vacation.

The Complainant filed a complaint with the Hyderabad District Consumer Forum-I, alleging deficiency of service and unfair trade practices by MakeMyTrip. He contended that MakeMyTrip did not adequately cooperate in booking return flight tickets, forcing him and his wife to stay an extra night in a hotel in Chandigarh. The Complainant sought a refund for the financial losses he incurred during the trip due to the accident and the additional expenses arising from it. He argued that MakeMyTrip had failed to fulfil its duty to provide support and assistance during the tour, leading to mental agony and financial hardships.

MakeMyTrip denied the allegations of deficiency of service and unfair trade practices. They argued that the tour package booked by the Complainant was non-refundable, as per their terms and conditions. MakeMyTrip asserted that the complaint did not meet the definition of a 'consumer dispute' and maintained that jurisdiction resided solely with the court of NCR Delhi, based on the user agreement. They contended that the terms of the user agreement were binding and that the complainant had not provided evidence that he was aware of or had signed this agreement.

Observations by the Commission:

The District Commission recognized that travellers rely on travel organizers like MakeMyTrip to ensure a seamless and enjoyable vacation experience. In this case, the complainant and his wife had looked forward to a memorable holiday, but their journey was marred by the unfortunate accident. Consequently, the District Commission emphasized the vital importance of travel organizers providing top-notch service and support throughout the entire tour.

Crucially, the District Commission found MakeMyTrip to have failed in its duty to assist and support the complainant during the ordeal, resulting in significant mental distress and unanticipated financial burdens. MakeMyTrip’s contention that the tour package was non-refundable, based on their terms and conditions, was dismissed due to the absence of concrete evidence proving the complainant's awareness of or agreement to these terms. The District Commission also refuted MakeMyTrip’s claim regarding jurisdiction, asserting that the dispute unequivocally fell within the defined parameters of a 'consumer dispute' as per the Consumer Protection Act, 2019.

In light of these considerations, the District Commission held MakeMyTrip accountable for the complainant's losses and distress. They ordered MakeMyTrip to refund Rs. 85,984 as compensation for the financial hardships endured during the tour, revise the initially claimed sum of Rs. 86,204. Additionally, MakeMyTrip was instructed to provide a compensation of Rs. 25,000 to Mr. Sriharsha for the mental anguish he experienced during the ordeal, as well as cover the litigation costs, amounting to Rs. 10,000.

Case: Mr. Sriharsha Ks vs M/s MakeMyTrip Private Limited & Another

Case No.: CC/345/2022

Advocate for the Complainant: M/s. Gopi Rajesh & Associates

Advocate for the Respondent: Adv. P. Lakshman Goud

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