IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated this the 31^st day of March, 2022

Present:  Sri. Manulal V.S. President

            Smt. Bindhu R. Member,

           Sri. K.M. Anto, Member

C C No. 92/2021 (filed on 17-06-2021)

Petitioner                                  :   Thomas P.C.,

                                                     S/o Chako, Parathanathu House,

                                                     MadappallyP.O., Madappally village,

                                                     Kottayam – 686546.

                                                     (Adv.Jose Joseph)

                                                          Vs.

Opposite party                          :  Akbar Travels,

                                                   Represented by its Manger,

                                                   Municipal Arcade,

                                                   Changanacherry – 686101.

                                                          O  R  D  E  R

Sri. K.M. Anto, Member

The complaint is filed under Section -35 of the Consumer Protection Act 2019.

The brief of the complainant case is as follows:

The complainant and his wife Smt. Rosamma are senior citizens.  On 25.02.220 the complainant booked two tickets with the opposite party for their journey from Nedumbasserry to Torranto, Canada on 05.04.2020 by AirIndia Flight and paid Rs.2,05,500/- to the opposite party.  Due to the outbreak of Covid -19, Government of India declared total lockdown in the country and all Airports were closed and Aircrafts were stopped.  The complainant and his wife could not travel due to this lockdown.  The complainant requested the opposite party to refund the full amount paid by him as there was no default or negligence on the part of the complainant.  The opposite party refunded only Rs.1,70,500/- in January 2021 and refused to pay the balance amount.  The complainant requested the opposite party to pay the balance amount, the opposite party refused to refund the balance amount.    The complainant was deprived of the use of his own money.  There is gross deficiency in service and unfair trade practice on the part of the opposite party.  Hence this complaint.

On admission of the complaint, copy of the complaint was duly served to the opposite party.  The opposite party failed to file their version or to appear before the Commission to defend their case.  The opposite party was set ex-parte.

The complainant filed proof affidavit and marked documents Ext.A1 to A3.

On the basis of the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.

1. Whether there is deficiency in service on the part of the opposite party.
2. If so what are the reliefs and costs.

For the sake of convenience we would like to consider Point No.1 and 2 together.   

On going through the complaint, proof affidavit of the complainant and evidence on record, it is clear that the complainant had booked two air tickets with the opposite party for their journey on 05.04.2020 by Air India from Nedumbasserry to Torranto, Canada and paid Rs.2,05,500/- on 25.02.2020.  Government of India declared total lockdown in the country due to the outbreak of Covid-19 Pandemic.  All airports were closed and aircrafts were stopped.  The complainant and his wife could not travel due to these events.  On request of the complainant the opposite party refunded Rs.1,70,500/- in January 2021 to the complainant.  The complainant requested the opposite party to pay the balance amount but the opposite party refused to refund the balance amount.

Exhibits A1 is the receipt issued by the opposite party on 25.02.2020 for the receipt of Rs.2,05,500/- from the complainant. Exhibits A2 is the legal notice dated 25.01.2021 issued to the opposite party and Exhibits A3 is the acknowledgement card. 

It is clear that the retention of the balance amount by the opposite party had deprived the complainant from the use of his own money.  The opposite party failed to refund the balance amount on the request of the complainant.  The act of the opposite party is deficiency in service on their part and Point No.1 is found in favour of the complainant.  The complaint is allowed and we pass the following order.

1. The opposite party is directed to pay Rs.35,000/- to the complainant
2. The opposite party is directed to pay Rs.2000/- as compensation with cost Rs.1000/- to the complainant.

The order shall be complied within a period of 30 days from the date of receipt of copy of this order in default the amounts will carry 6% interest from the date of this order till realization. 

      Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Commission on this the                                                       31^st day of   March, 2022.

Sri. K.M. Anto, Member        Sd/-

            Sri. Manulal V.S. President   Sd/-

Smt. Bindhu R.  Member       Sd/-

Appendix

Exhibits marked from the side of complainant

A1- Receipt issued by the opposite party on 25.02.2020

A2- Legal notice dated 25.01.2021 issued to the opposite party

A3- Acknowledgement card

Exhibits marked from the side of opposite party

Nil

                     By Order 

                                                                                                  Assistant Registrar