SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP’s to pay an amount of Rs.7,50,000/- to the complainant along with Rs.50,000/- as  compensation  for mental agony of the complainant for the  deficiency of service on their part.

  The brief of the complainant :

     The complainant is engaged in the business of  glass empanelling.  The complainant  had visited Cochin on 10/2/2022 in connection with his business and he had to return back to Bangalore emergently to participate in a conference schedule at 2.P.M on next day.  Then the complainant booked a flight ticket in flight No.151130 of 1^st OP scheduled to be departed from  Cochin at 23.20 hours on 12/2/2022.  The complainant reported at the front office of the  airport  at 5.p.m, at that time the person  in charge of the  office informed the  complainant that all the travellers irrespective of their  vaccination status arriving from  Maharashtra, Kerala and Goa must carry a negative RTPCR report with a sample taken within 72 hours before the  arrival at Bangalore as per the check travel guidelines  issued  by Karnataka Government.  Then the complainant and his friend Reni had instructed by 1^st OP to undergo the RTPCR test from 2^nd OP and  amount of Rs.1200/- as the fee  charged by 2^nd OP.  On 12/2/2022 at 9.57 P.M the report from  2^nd OP given to the complainant that the test  result is  positive and  due to  the reason  the permission was denied to the complainant to travel in the flight.  Then the  complainant begged to the officer to permit him to travel the flight since he has not found with any common symptoms of the covid 19 disease.  But the 1^st OP demanded 3 lakhs as ticket fare.  Then the complainant constrained to leave the air port at 11.30 p.m.  In the next day early morning the complainant left to Bangalore via Palghat by hiring  a taxi.  Thereafter the complainant received a message from 2^nd OP as per UR No.103120222NOGE stating that the complainants RTPCR report is  negative.  The complainants Aadhar number is  correctly reported in the  report.  The complainant stated that he opted to  travel by flight to participate in a meeting held on 13/3/2022.  The meeting was organized by excellent builders in connection with the contract work of the  building.  The builders to entrust the glass empanelling work of the  building to the complainant and he failed to attend the meeting an amount of Rs.7,50,000/- being the profit of the work lost by the complainant.  If the test sample was properly analyzed by the 2^nd OP such a loss could have been avoided.  Moreover the complainant and family members were put to considerable  mental stress and panic on hearing that the test result is positive.  Then the  complainant send a lawyer notice to OPs, the 2^nd OP received the notice neither send a reply nor paid the amount.  The act of the OP’s the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

           After filing this complaint, notice  issued to both  opposite parties.  Both OP’s refused the notice and not appeared before the commission and no version filed.   The commission had to  hold that the OP’s have no version  as such this case came to be proceed against the   opposite parties  as set exparte.

    Even though the opposite parties have remained ex-parte, it is for the complainant to establish the allegations made by them against the OP’s.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has chosen to produce his affidavit along with 7 documents  marking them as  Exts.A1 to A7.  The complainant was examined as PW1.   So the opposite parties remain absent in this case.  At the end the Commission heard the case on merit.

      Let us have a clear glance at the relevant documents of the complainant.  Ext.A1 is the copy of  air ticket. In  Ext.A2 is the RTPCR result of Reni M.V(negative) and  Ext.A3 is the RTPCR result of the complainant(positive).    In Ext.A4 is the  lawyer notice issued by the complainant to  OP’s. The 2^nd OP received the notice and he neither send a reply nor paid the amount.  In Ext.A7 is the RTPCR result of complainant noted as negative.   As per Ext.A1  document the complainant had paid Rs.3720/- to 1^st OP for flight charge.  As per Ext.A3  report the complainant’s RTPCR report is covid positive.  So the complainant is not in a position to travel the flight.  Thereafter 2^nd OP informed the complainant that the complainant’s RTPCR test is negative and marked the report is Ext.A7.  The complainant’s  Aadhar number is  correctly mentioned in the report.  But the complainant not  produced any document before the commission regarding the business of glass empanelling and  he failed to attend the meeting an amount of Rs.750,000/- being the profit of the work lost to the complainant also.  The test sample was properly analyzed by 2^nd OP, such a loss to the complainant have been avoided. There is deficiency of service and unfair trade practice on the part of  opposite parties.  Under this circumstances we are of the considered view that the OPs are directly bound to redressal  the grievance caused to the complainant. So the complainant is  entitled to get the flight  charge of Rs.3720/- along with Rs.7000/- as  compensation for mental agony of the complainant  and Rs.5000/- as litigation cost.

               In the result, the complaint is allowed in part directing  the opposite parties jointly and severally liable to refund Rs.3720/- the flight charge to the complainant and to pay Rs.7,000/-as compensation for mental agony of the complainant along with and Rs.5000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.3720/- carries 12%  interest per annum  from the date of order till realization , failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1- copy of flight ticket

A2- RTPCR result  negative(Reni)

A3- RTPCR result  positive  of PW1

A4- Copy of lawyer notice

A5- Postal receipt

A6- Acknowledgment card

A7-RTPCR result  negative of PW1

PW1-Manikumar .P- Complainant

Sd/                                                                Sd/                                                                               Sd/

PRESIDENT                                  MEMBER                                           MEMBER

Ravi Susha                             Molykutty Mathew                                     Sajeesh K.P

eva                                                              

                                                                         /forwarded by Order/

ASSISTANT REGISTRAR