MAKEMYTRIP (INDIA) PVT. LTD. Vs. MANABENDRA SAHA ROY

JUDGEMENT

(1.) The present petition has been filed against the order of the State Commission dated 3.1.2018 in first appeal No.A/668/2016 filed by the petitioner against the order dated 3.5.2016 in complaint case No.CC/551/2015, Unit-II, Kolkata.

(2.) The brief facts of the case are that the respondent had booked Durga Pooja Special Tour for Dubai on 18.8.2015 and paid an amount of Rs.10,000/-. Subsequently a tentative itinerary was received by the respondent through email dated 19th September, 2015 which included the package of site seeing of Dubai giving the details of each day tour programme. This email also demanded the balance payment towards the tour and subsequently the respondent paid a sum of Rs.50,000/- on 10.8.2015, Rs.1 lakh on 28th September, 2015 and Rs.46,959/- balance amount on 5.10.2015 and thus had paid total package amount. Three days before the schedule date of departure i.e. on 15th October, 2015, when the complainant visited the office of the petitioner for collecting the air tickets, an itinerary which the petitioner alleges was confirmed itinerary was handed over to the respondent which was quite different from the earlier itinerary issued to him through email dated 19th September, 2015. The case of the complainant was that he could not have cancelled the tour programme because as per the brochure of the petitioner, on cancellation of the tour programme 10 days before the schedule date of departure, the entire deposited amount was liable to be forfeited by the petitioner. The complainant sent an email dated 15th October, 2015 complaining about this act of the petitioner. The complainant thereafter after availing the tour programme filed the complaining challenging the act of the petitioner amounting to restrictive and unfair trade practice and also deceptive trade practice.

(3.) The defence of the petitioner before the District Forum was that on 15th October, 2015, the respondent as aware of the final itinerary which the petitioner was providing to the respondent for the tour and yet the respondent chose to avail that tour programme and now the complaint was not tenable.