MAKEMYTRIP (INDIA) PVT. LTD. Vs. VIJENDRA MATHUR
LAWS(NCD)-2020-8-12
NCDRC
Decided on August 27,2020

Makemytrip (India) Pvt. Ltd. Appellant
VERSUS
Vijendra Mathur Respondents

JUDGEMENT

PREM NARAIN, PRESIDING MEMBER, J. - (1.) This revision petition has been filed by the petitioner Makemytrip (India) Pvt., Ltd., challenging the order dated 17th January 2018 passed by the State Consumer Disputes Redressal Commission Rajasthan Jaipur Bench No. 1 ( in short the State Commission) in appeal No. 1360 of 2017.
(2.) Brief facts of the case are that the respondent booked a tour package with the petitioner/opposite party and paid an amount of Rs.60,000/- as booking amount on 23.05.2013. On 21st August 2013, after receiving an email from the opposite party on 20th August 2013, the complainant paid a further amount of Rs.1,92,970/- to an executive of the opposite party. The Swiss Embassy refused the visa of the complainant on 19th August 2013. It has been alleged by the complainant that despite knowing the refusal of visa, the opposite party sent their executive to collect the remaining amount and the complainant paid the same as the complainant was not aware about the refusal of visa till that time. The complainant sought the refund of the total amount from the opposite party however, no positive response was given by the opposite party and therefore, the complainant filed a consumer complaint before the District Forum for refund of the total amount. The complaint was resisted by the opposite party by stating that it is clearly mentioned in the terms and conditions that the amount paid will not be refunded even if the visa is refused. The District Forum vide it's order dated 23.10.2017 allowed the complaint and ordered the opposite party to pay Rs.2,52,970/- along with 9% per annum interest and Rs.21,000/- as compensation and Rs.10,000/- for litigation cost. Aggrieved by the order of the District Forum, the opposite party preferred an appeal before the State Commission. The State Commission vide its order dated 17.01.2018 dismissed the appeal of the petitioner/ opposite party.
(3.) Hence, the present revision petition.;


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