Date of filing: 24.06.2019
Date of disposal : 21.03.2023
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU.P.MURUGAN,M.Com.ICWA(Inter),B.L., ....MEMBER-II
RBT/CC. No.127/2022
THIS TUESDAY, THE 21st DAY OF MARCH 2023
(CC.No.127/2019 sent from DCDRC, Chennai North)
Mr. S.Karthikei Balan, Advocate,
S/o.C.Selvaraj,
Flat No.GC, Block No.II,
Bajaj Apartments, 5th Extension Street,
Nandanam, Chennai 600 035. ……Complainant.
//Vs//
1.Air Asia India Limited,
Rep. by Mr.Nattapon Prachakul,
Customer Care Officer,
Kempegowda International Airport,
Ground Floor, Alpha 3 Buildings,
Devanahalli, Bengaluru 560300.
2.Air Asia Travels & Service Centre,
Rep. by its Manager, Mr.Bhaskar,
No.123 & 124, Ispahani Centre,
Nungambakkam High Road,
Chennai 600 034. .......Opposite parties.
Counsel for the complainant : Mr.S.Prasath, Advocate.
Counsel for the opposite parties : exparte.
This complaint has been filed before DCDRC, Chennai (North) as CC.No.127/2019 and transferred to this commission by the order of the Hon’ble State Consumer Disputes Redressal Commission, Chennai and taken on file as CC.No.127/2022 and this complaint coming before us on various dates and finally on 15.03.2023 in the presence of Mr.S.Prasath Advocate, counsel for the complainant and the opposite parties were set exparte for non appearance and upon perusing the documents and evidences of complainant, this Commission delivered the following:
ORDER
PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI, PRESIDENT.
This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service in not refunding the amount debited towards the un-booked Air Tickets along with a prayer to pay a sum of Rs.50,000/- towards compensation for the mental agony caused to the complainant.
Summary of facts culminating into complaint:-
It was the case of the complainant that he had booked a flight ticket from Chennai International Airport to Bangkok with Air Asia on 22.09.2017 and the booking number was BGYMHV. The air ticket price was Rs.12,157/- and the said amount was debited from the complainant’s SBI account but the ticket was not booked. Thus he had immediately called Air Asia Customer Care to enquire about the same. On the assurance and direction of their representative that the amount would be automatically re-credited to the bank account, the complainant again booked ticket and made a payment of Rs.12,157/-. Subsequently he had waited for few days after the transaction but payment debited earlier was not credited back to his account. He contacted the Office of Air Asia in order to verify the same. However none of the Airline officials turned to help out even after repeatedly trying to verify the same. The complainant registered a complaint with the office of Air Asia and he was given a complaint reference number. Complainant was informed that the amount has been credited to the complainant’s bank account in November 2017 itself. However, the bank account of the complainant do not reflect any credit transaction from Air Asia. Complainant sought for a reference number from Air Asia for their deposit made in the account, so far no response reply has been given by them. The reply mail from Air Asia acknowledges that the payment has been made but the same has not been substantiated by any records form Air Asia. The complainant also raised complaints in the online facebook and Twitter accounts of Air Asia but so far there has not been a fruitful response. Hence, the complainant issued a legal notice to the Headquarters office at Bangluru and Chennai on 23.01.2018. Thus aggrieved by the act of the opposite parties the present complaint was filed to direct the opposite parties to pay a sum of Rs.50,000/- towards compensation for the mental agony caused to the complainant along with refund of the ticket amount.
On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A4. In spite of sufficient opportunities and notice the opposite parties did not appear before this Commission and hence they were called absent and set ex-parte on 22.01.2020 &14.11.2022 respectively for non appearance and for non filing of written version within the mandatory period as per the statute.
Points for consideration:
Whether the opposite parties had committed deficiency in service in not refunding the amount debited towards the un-booked Air Tickets by the complainant on 06.09.2017 and whether the same has been successfully proved by the complainant by admissible evidence?
If so to what reliefs the complainant is entitled?
Point No.1;-
The following documents were filed on the side of complainant in support of his contentions;
Flight ticket with booking number dated 06.09.2017 was marked as Ex.A1;
SBI monthly Statement of Account of the complainant was marked as Ex.A2;
Indian Bank’s Statement of Account of the complainant was marked as Ex.A3;
Email correspondence between the parties was marked as Ex.A4;
Point No.1:-
Heard the oral arguments and perused the pleadings and materials produced by the complainant. The learned counsel appearing for the complainant argued that while booking tickets from Chennai to Bangkok in spite of the amount debited no tickets were booked at the first instance and the tickets were again booked for which the payment was duly debited from the complainant’s account. For the un-booked tickets the complainant sought for refund of money. Though the opposite parties assured that they will re-credit the same in the complainant’s account the same was not credited till today. He relied upon Ex.A4 the email sent by the opposite parties to the complainant stating that “we have reviewed your request and wish to inform you that you had already submitted for a refund. Please wait while we process your initial request.” Thus he sought for the complaint to be allowed with a prayer to refund the amount with compensation.
On perusal of documents we could see that Ex.A1 was filed by the complainant in proof of his contentions to show that he had booked tickets from Chennai to Bangkok and Bangkok to Chennai on 06.09.2017. The State Bank of India monthly Statement of the complainant was filed as Ex.A2 to show that the tickets were booked by the complainant via the SBI payment gateway wherein it is shown that the amount of Rs.12,157/-has been debited from his account. On the same day as the tickets were not booked in spite the amount was debited the complainant booked the tickets for the 2nd time through Indian Bank gateway and Ex.A3 shows that the amount of Rs.12,157/- has been debited towards the booking of tickets. Further vide Ex.A4 as rightly pointed out by the counsel for the complainant we could see that on his email request to Air Asia for refund of the amount of Rs.12,157/- along with compensation vide email dated 23.10.2017, via email dated 13.09.2017 it is seen that the opposite parties had sent email to the complainant in which the opposite parties had clearly admitted the refund request by the complainant and also requested the complainant to wait until the request is processed. Thus it is amply proved by the complainant that the amount has been debited on 06.09.2017 twice towards booking of Air ticket from SBI and Indian Bank but only once ticket has been booked. It is also seen that the opposite parties had admitted the fact of debiting the amount twice. If at all the amount was not debited twice the opposite parties would not have accepted the refund request. Further for the legal notice sent by the complainant the opposite parties had not replied. Further the complaint allegations was substantiated by the non appearance of the opposite parties before this commission to deny the complaint allegations in spite of service of sufficient notice. In such circumstances, this commission has no other option but to hold that the opposite parties had failed to refund/re-credit the amount debited from the complainant’s account towards the un-booked ticket and thus had committed clear deficiency in service. Thus, we answer the point accordingly in favour of the complainant and as against the opposite parties.
Point No.2:-
With regard to reliefs to be granted to the complainant we direct the opposite parties to refund the amount of Rs.12,157/- to the complainant within four weeks from the date of receipt of copy of this order and to pay a sum of Rs.50,000/-towards compensation for the mental agony and hardship suffered by the complainant. Further we award Rs.5,000/- cost towards the litigation expenses to the complainant.
In the result, the complaint is allowed against the opposite parties 1 & 2 directing them jointly and severally
a) To refund a sum of Rs.12,157/- (Rupees twelve thousand one hundred fifty seven only) to the complainant within four weeks from the date of receipt of copy of this order;
b) to pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for the mental agony and hardship caused to the complainant.
c) to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant.
d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 6% will be levied on the said amount from the date of complaint till realization.
Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 21st day of March 2023.
Sd/- Sd/-
MEMBER-II PRESIDENT
List of document filed by the complainant:-
Ex.A1 06.09.2017 Flight ticket with booking number. Xerox
Ex.A2 09.09.2017 SBI Monthly Statement of the complainant. Xerox
Ex.A3 23.10.2017 Indian Bank’s Statement of Account of the complainant. Xerox
Ex.A4 ................ Email correspondence between the parties. Xerox
List of documents filed by the opposite parties:-
Nil
Sd/- Sd/-
MEMBER-II PRESIDENT
