Tamil Nadu

South Chennai

CC/267/2018

Mrs Vasanth Ramasamy - Complainant(s)

Versus

All India Travel Agency Pvt Ltd. - Opp.Party(s)

M/s S Rengaramanujam

15 Apr 2019

ORDER

                                                                        Date of Filing  : 30.05.2018

                                                                          Date of Order : 15.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.267/2018

DATED THIS MONDAY THE 15^TH DAY OF APRIL 2019

                                 

Mrs. Vasantha Ramasamy,

W/o. Mr. V. Ramasamy,

Flat No.S-3, Second Floor,

Alarmelmangai Apartments,

Door No.6/11, 6^th Street,

Thillai Ganga Nagar,

Chennai – 600 061.                                                       .. Complainant.                                                       

 

  ..Versus..

 

All India Travel Agency Pvt. Ltd.,

Rep. by Mr. D.L. Jekannathan,

B6, Basement,

Gemini Parsn Commercial Complex,

Chennai – 600 006.                                                 ..  Opposite party.

          

Counsel for the complainant  :  M/s. R. Rengaramanujam & others

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.1,05,275/- together with interest at the rate of 12% p.a. from 07.09.2017 to till date and to pay a sum of Rs.50,000/- towards compensation for mental agony with cost of Rs.2,000/-.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she booked tickets for travelling from India to USA in British Airways on 27.08.2017 from Chennai Airport through BA 036 to reach London Heathrow Airport.  The complainant booked another ticket in Flight No.BA 219 British Airways to travel from London 27.08.2017 to reach Denvar International Airport.  The complainant also booked return ticket in the same British Airways in Flight No.BA 218 from Denvar to London on 02.11.2017 and flight No.BA 035 from London to Chennai on 03.11.2017.  The complainant has paid the total cost of ticket for a sum of Rs.1,05,275/-.  While the complainant was arranging and preparing for travel, to her shock and surprise, the opposite party informed that the ticket was cancelled and requested the complainant to have the trip on any other convenient day. Hence, the complainant availed ticket on 07.09.2017 from Chennai Airport to London Heathrow Airport through flight No.BA 035 and another ticket flight No.BA 219 from London to Denvar International Airport.  Similarly, for return ticket in flight No.BA 218 from Denvar to London on 02.11.2017 and flight No.BA 035 from London to Chennai on 03.11.2017.  The complainant submits that due to unfortunate illness, the complainant was not able to travel on the said dates namely 07.09.2017 and 02.11.2017 and the complainant has informed the opposite party on 06.09.2017 to cancel the ticket and refund the amount.  The opposite party accordingly cancelled the ticket and agreed to refund the amount after collecting the amount from British Airways.  But till date, the opposite party has not refunded the amount.   The complainant submits that even after repeated requests and demands, the opposite party has not responded properly and evaded refunding of the amount towards cancellation of ticket.  Hence, the complainant issued legal notice dated:28.02.2018 for which, the opposite party has not sent any reply.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party has not appeared before this Forum and therefore, the opposite party was set Exparte.  

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as her evidence, and also documents Ex.A1 to Ex.A4  are marked.    

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.1,05,275/- paid towards ticket with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.50,000/- towards mental agony with cost of Rs.2,000/- as prayed for?

 

6.      On point:-

The opposite party remained exparte.  The complainant filed his written arguments.   Heard the complainant’s Counsel also.  Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that she booked Ex.A2, tickets for travelling from India to USA in British Airways on 27.08.2017 from Chennai Airport through BA 036 to reach London Heathrow Airport.  The complainant booked another ticket in Flight No.BA 219 British Airways to travel from London 27.08.2017 to reach Denvar International Airport.  The complainant also booked return ticket in the same British Airways in Flight No.BA 218 from Denvar to London on 02.11.2017 and flight No.BA 035 from London to Chennai on 03.11.2017.  The complainant has paid the total cost of ticket for a sum of Rs.1,05,275/-.  Ex.A1 is the copy of receipt vide No.9600344.  While the complainant was arranging and preparing for travel, to her shock and surprise, the opposite party informed that the ticket was cancelled and requested the complainant to have the trip on any other convenient day. Hence, the complainant availed ticket on 07.09.2017 from Chennai Airport to London Heathrow Airport through flight No.BA 035 and another ticket flight No.BA 219 from London to Denvar International Airport.  Similarly, for return ticket in flight No.BA 218 from Denvar to London on 02.11.2017 and flight No.BA 035 from London to Chennai on 03.11.2017 as per Ex.A3. 

7.     Further the contention of the complainant is that due to unfortunate illness, the complainant was not able to travel on the said dates namely 07.09.2017 and 02.11.2017 and the complainant has informed the opposite party on 06.09.2017 to cancel the ticket and refund the amount.  The opposite party accordingly cancelled the ticket and agreed to refund the amount after collecting the amount from British Airways.  But till date, the opposite party has not refunded the amount.  Further the contention of the complainant is that even after repeated requests and demands, the opposite party has not responded properly and evaded refunding of the amount towards cancellation of ticket.  Hence, the complainant issued legal notice dated:28.02.2018 as per Ex.A4 claiming refund of the cost of ticket with interest at the rate of 12% p.a.  The opposite party has not sent any reply.  Hence, the complainant filed this case for the alleged deficiency in service by the opposite party returning the amount even after cancelling the ticket.   The opposite party even after receipt of the notice from this Forum remained exparte.  It is very clear from Ex.A1 to Ex.A4 that the complainant reserved the tickets on payment of Rs.1,05,275/- and made request for cancellation.   But the opposite party has not refunded the cost of the ticket amounts to deficiency in service.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a sum of Rs.1,05,275/- with interest at the rate of 9% p.a. from the date of complaint to till the date of this order with a compensation of Rs.15,000/- towards mental agony and cost of Rs.2,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.1,05,275/- (Rupees One lakh five thousand two hundred and seventy five only) being the cancelled ticket amount along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 30.05.2018 to till the date of this order (i.e.) 15.04.2019 and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.2,000/- (Rupees Two thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 15^th day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	16.08.2017	Copy of receipt issued by the opposite party to the complainant
Ex.A2	16.08.2017	Copy of ticket issued by the opposite party to the complainant for taking journey on 27.08.2017 and also for return journey on 02.11.2017
Ex.A3	02.09.2017	Copy of ticket issued by the opposite party to the complainant for taking journey on 07.09.2017 and also for return journey on 02.11.2017
Ex.A4	28.02.2018	Copy of legal notice sent by the complainant’s Counsel to the opposite party with acknowledgement

 

 

 

MEMBER                                                                  PRESIDENT