BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ADDITIONAL BENCH, MANGALORE
Dated this the 3rd March 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SRI T.C. RAJASHEKAR : HON’BLE MEMBER
ORDERS IN
C.C.No.147/2013
(Admitted on 23.05.2013)
1. Mr. Hosdurga Yathish Kamath,
Adult,
S/o Dr. H Vishwanath Kamath,
Sony Towers, Jail Cross Road,
Karangalpady, Mangalore 575003.
2. Mrs. Archana Shenoy,
Adult,
W/o Hosdurga Yathish Kamath,
Sony Towers, Jail Cross Road,
Karangalpapdy, Mangalore 575003.
3. Mater Amey Kamth,
Minor,
S/o Hosdurga Yathish Kamath,
4. Khushi Kamath,
Minor,
D/o Hosdurga Yathish Kamath,
No.3 & 4 are R/at Sony Towers, Jail Cross Road,
Karangalpady, Mangalore 575004, and are
Represented by their natural guardian and
Next friend father Hosdurga Yathish Kamath
….. COMPLAINANTS
(Advocate for the Complainants: Sri MPK)
VERSUS
1. AKBAR TRAVELS ONLINE.COM,
1st Floor, 62, Janjikar Street,
Mumbai 400003.
2. KINGFISHER AIR LINES LTD,
12th Floor, UB Tower, UB City,
No.24, Vittal Mallya Road,
Bangalore 560001, India,
Represented by its authorized signatory.
3. KINGFISHER AIR LINES,
The QUBE, CTS No.1498A/2,
4th Floor, M.V.Road, Narol,
Andheri (East), Mumbai 400059
Represented by its authorized signatory.
…........OPPOSITE PARTIES
(Advocate for the Opposite Party No.1: Sri AN)
(Advocate for the Opposite Parties No.2 & No.3: Sri DRK)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI. VISHWESHWARA BHAT D:
I. The above complaint filed under Section 12 of the Consumer Protection Act by the complainants against opposite parties alleging deficiency in service claiming certain reliefs.
The brief facts of the case are as under:
The complainant No.1 alleges for himself and his wife complainant No.2 and children complainants No.3 and No.4 for journey on 5.9.2012 from Mangalore to Bangalore, Bangalore to Dubai booked etickets for kingfisher airlines through opposite party No.1 on 3.3.2012 by paying Rs.36,048/ Due to sudden indefinite nationwide strike called by employees of opposite party No.3 the complainants were forced to surrender the air tickets and in June 2012 seeks refund of value of the tickets. Even though opposite party No.1 alleged for refund not compiled. As such seeks order against opposite parties as prayed in the complaint including compensation and cost.
II In the written version opposite party No.1 contends Air ticket booked by complainant through email based through opposite party No.1 and indefinite strike called by opposite party No.2 and opposite party No.3 and its operations both domestic and international flights cancelled were admitted. But promised undertaking to refund amount is disputed and correspondence between the opposite party No.1 and complainants entitlement for prayer made by complainant is disputed without alleging opposite party No.1 is the ticket agent of opposite party No.2 and opposite party No.3 and no control over the flight airline in question for the ticket once purchased money taken towards the ticket is remitted immediately to the airline. Opposite parties email all the passenger that distribution of the refund of the tickets and the concerned for the refund open only for 3 weeks and closed after 3rd May 2012 and this was also brought to the notice of complainant and they have not bothered to approach any of the opposite parties hence seeks dismissal of the complaint.
2. In support of the above complainant Dr. Vishwanath Kamath H filed affidavit evidence as CW1 and answered the interrogatories served on him and produced documents got marked Ex.C1 to C3 as detailed in the annexure here below. On behalf of the opposite parties Mr. Ramdas Nayak (RW1) Manager, Akbar Travels of India also filed affidavit evidence and answered the interrogatories served on him got marked Ex.R1 to R5 as detailed in the annexure here below. Opposite parties No.2 and No.3 not filed evidence.
III. In view of the above said facts, the points for consideration in the case are:
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
The learned counsel for complainant orally argued. Opposite party No.1 filed notes of arguments. We have considered entire case filed on record including evidence tendered by the parties and notes/oral arguments of the parties. Our findings on the points are as under follows
Point No. (i): Affirmative
Point No. (ii): Affirmative
Point No. (iii): As per the final order.
REASONS
IV. POINTS No. (i): In booking of the air ticket and seeking for refund and that it was not refunded all are admitted facts. Hence relationship as consumer and service provider between the parties and existence of dispute is established as contemplated under section 2 (1) (e) of the C P Act. Hence we answer point No.1 in the affirmative.
POINTS No. (ii): The request made by complainant No.1 for refund of the entire amount well in advance of the valued ticket of Rs.36,048/ with opposite parties and that this amount has not been refunded were also admitted facts. Ex.R2 is copy of an email sent by on behalf of Kingfisher Air Line i.e. opposite party No.3 to complainant No.1 that for the refund counter will be closed once they again open to process refund will process your refund. It is dated August 1, 2012. Again on August 14, 2012 there is another e-mail as per Ex.R3. Hence the liability have been admitted but not complied shows the deficiency of service on the part of opposite parties towards complainants. Hence we answer point No.2 in the affirmative.
2. As to the ordering of refund amount a sum of Rs.36,048/- to the complainant with compensation of Rs.10,000/ and advocate fee of Rs.5,000/ will meet the ends of justice.
POINTS No. (iii): Wherefore the following
ORDER
The Complaint is allowed with cost. Opposite parties are directed to refund Rs.36,048/ (Rupees Thirty Six thousand Forty Eight only) to complainant with interest at 9% per annum from 10.6.2012 till the date of payment.
- Opposite parties shall also pay Rs.10,000/ (Rupees Ten thousand only) towards compensation to the complainant.
- Advocate Fee fixed at Rs.5,000/ (Rupees Five thousand only).
- Payment shall be made within 30 days from the date of this order.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 6 directly typed by steno on the computer system to the dictation of President revised and pronounced in the open court on this the 3rd March 2017)
MEMBER PRESIDENT
(T.C. RAJASHEKAR) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Additional Bench, Mangalore Additional Bench, Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Dr. Vishwanath Kamath H
Documents marked on behalf of the Complainant:
Ex.C1: 03.03.2012: Electronic ticket-4 in nos.
Ex.C2: : Copy of emails dated 10.06.2012, 1.10.2012, 17.01.2013, 22.01.2013
Ex.C3: : Original GPA issued by complainants
Witnesses examined on behalf of the Opposite Parties:
RW1 Mr. Ramdas Nayak (RW1) Manager, Akbar Travels of India
Documents marked on behalf of the Opposite Parties:
Ex.R1: 10.06.2012: E-mail from Yathish Kamath
Ex.R2: 01.08.2012: Reply by the opposite party
Ex.R3: 14.08.2012: Reply by the opposite party
Ex.R4: : Correspondence between opposite party No.1 and complainant
Ex.R5: 03.03.2012: Copies of the ticket and links
Dated: 03.03.2017 PRESIDENT
