Delhi

StateCommission

A/12/309

PAWAN SETH - Complainant(s)

Versus

AIR FUTURE & ORS.S - Opp.Party(s)

18 Feb 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Decision:18.02.2016

 

First Appeal No. 309/12

 

(Arising out of the order dated 02.03.2012 passed in Complaint Case No. 1137/2007 by the District Consumer Redressal Forum (North) Tis Hazari, Delhi)

In the matter of:

 

Pawan Seth

S/o Late Sh. Om Parkash Seth

Prop. Set Tent & Decorators

73-D, Kamla Nagar

Delhi-110007                                               …..........Appellant

 

Versus

1. M/s Air Future

(Thru: its Proprietor)

93-D, Kamla Nagar

•  

 

2. M/s Kafila Tours & Travels

Arya Samaj Road

Karol Bagh

New Delhi-110005

 

3. M/s Indigo Airlines

Level 1, Tower C

Global Business Park

Mehrauli-Gurgaon Road

Gurgaon-122002                               ……...Respondents

CORAM

N P Kaushik        -        Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?           Yes

2.      To be referred to the reporter or not?                                                          Yes

N P Kaushik, Member (Judicial)

Judgment

1. Appellant Sh. Pawan Seth who was the complainant in the District Forum challenged the orders dated 02.03.2012 passed by the District Forum, Tis Hazari, New Delhi.  Vide said orders, following directions were passed by the Ld. District Forum:-

“In the facts and circumstances of the case, we direct all the OPs i.e. OP No. 1 to 3, jointly and severally, to refund the amount of Rs. 28,420/- (if not paid already) with interest @ 8% p.a. from 6/6/2007 to 5/9/2007 as claimed and also to pay compensation of Rs. 15,000/- (Fifteen Thousand Only) and cost of Rs. 5,000/- (Five Thousand Only) to the complainant. All the three OPs shall be bound to pay the above said amount jointly and severally within a period of 30 days of receipt of this order.”

 

2. In his appeal, the appellant has prayed for the relief prayed for by him in his original complaint in the Ld. District Forum.
3. In the complaint, the appellant/complainant had prayed for interest @18% p.a. on the amount of Rs. 28,420/- for the period from 06.06.2007 to 05.09.2007.  Interest pendent lite was also prayed for.
4. Complainant had planned his journey along with his wife and two more persons to Bangalore on 09.07.2007. He got the tickets booked for onward journey to Bangalore on 09.07.2007 and for return journey on 16.07.2007 through M/s Air Future (OP-1) who is a sub-agent of M/s Kafila Tour & Travels, Karol Bagh, New Delhi (OP-2).  Indigo Airlines is the OP-3 who admits that OP-2 was its agent.  On 09.07.2007, on reaching the airport in Delhi the complainant found that his tickets for onward journey and return journey stood cancelled.  He lodged a complaint with OP-3.  After receiving no reply, he filed the complaint in the District Forum.  OP-1 and OP-3 put in appearance.  OP-1 admitted having got booked the tickets in question. OP-3 i.e. Indigo Airlines submitted that OP-2, its agent, was issued a unique ID for booking and cancellation of tickets.  Tickets in question were duly booked but on telephonic call, received from one ‘Sachin’ on 09.07.2007 at 0658 hours, the tickets were cancelled.  Unique ID was not disclosed by said Sh. Sachin.  OP-2 i.e. M/s Kafila Tour & Travels did not put in appearance. 
5. Ld. District Forum observed that all the three OPs were liable for the cancellation of the tickets which was never asked for by the complainant.  OP-3 ought have not cancelled tickets in the absence of the caller giving unique ID number.  Be that as it may, none of the three OPs have impugned the orders dated 02.03.2012 passed by the Ld. District Forum.  The complainant alone has prayed for an enhancement of the relief granted.  Interest @ 18% p.a. has been awarded for the period from 06.06.2007 to 05.09.2007.  OP-2 and OP-3 have failed to put in appearance.  OP-1 absented himself from the proceedings after putting in appearance.  Impugned orders were passed in the year 2012 and none of the OPs have cared to comply with the same.  In the circumstances and in the interest of the justice, I am of the view that the District Forum fell in error in not awarding the interest pendent lite and the interest accruing till the date of realisation of the amount awarded.  In the circumstances, the order of the District forum dated 02.03.2012 are modified to the extent that the OPs shall jointly and severally pay interest at the rate of 18% p.a. on all the amounts awarded by the District Forum after the expiry of the period of 30 days from the date of orders.  To make the things clear, the OPs shall be liable to pay interest @ 18% p.a. on the amounts accruing after 30 days w.e.f. 02.03.2012, till the date of realisation of the amount due.  Appeal is accordingly disposed of.
6. Copy of the order be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.

 

(N P Kaushik)

Member (Judicial)