DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 29th day of February 2016
Present: Smt.Shiny.P.R. President
Smt.Suma.K.P. Member
Date of Filing : 03/11/2015
CC No.162/2015
Sidhik,
S/o.Hassanar,
Draftmen Grade I,
General Secretary of Kerala Engineering
Staff Association, Minor Irrigation Division,
College Road, Palakkad
(By Adv.C.Ramdas) - Complainant
Vs
Aneeshkumar
M/s.Alfa Holidays & Travels,
Near Mission School Junction
Manjakulam Road, Palakkad - Opposite party
O R D E R
Order by Smt.Shiny.P.R. PRESIDENT.
Complaint in brief:
The complainant had booked Air tickets for 15 persons on 3-4-2015 through the opposite party for an air travel from Calcutta to Cochi. The date of journey was on 8-4-2015. The opposite party has issued ticket of Spice Jet Air ways. Complainant paid Rs.80000/- by transferring amount from the account of complainant maintained at SBI Civil Station Branch and Rs.20000/- by way of cash. When they approached the checking counter of Calcutta airport, air line staff intimated that their flight tickets were cancelled and ticket fare was refunded to the agent. Complainant submitted that without giving any information to complainant, opposite party unilaterally cancelled the tickets and transferred the amount to his account. These acts of opposite party amounts to deficiency in service on their part. Complainant submitted that due to the act of opposite party, complainant suffered mental agony and financial loss. Apart from that complainant was constrained to take another flight tickets for travelling from Calcutta to Cochi and thereby incurred additional expenses of Rs.2,25,000/- for 15 persons. Hence the complaint. Complainant prays for an order directing opposite party to pay Rs.2,25,000/- towards compensation and Rs.50,000/- as cost of proceedings and compensation for deficiency in service and unfair trade practice.
Complaint was admitted and issued notice to opposite party. Inspite of accepting the notice opposite party failed to appear before this forum. Hence he was called absent and set exparte.
The evidence adduced by the complainant consists of his chief affidavit and Ext.A1 to A3.
Issues for consideration are:
- Whether there is any deficiency in service on the part of opposite party?
- If so, what is the relief and cost entitled to the complainant?
Issues No.1 & 2
Ext.A1 proves that complainant booked e-tickets for 9 persons for Rs.74,900/-. According to complainant due to the deficient act of the opposite party, complainant was constrained to take another flight ticket for 15 persons and incurred Rs.2,25,000/- for expenses. No documentary evidence is adduced by the complainant to prove this allegation. In the above circumstances we came to the conclusion that complainant is only entitled to get Rs.74900/-as charges for cancelled flight ticket and Rs.5,000/- as compensation for mental agony from the opposite party. Since Opposite party remained exparte, there is no contrary evidence to the evidence adduced by the complainant we allow the complaint.
We direct the opposite party to pay Rs.74,900/- (Rupees Seventy four thousand and nine hundred only) with 18% interest from 3/4/2015 to the date of order, Rs.5,000/- (Rupees Five thousand only) as compensation for mental agony along with Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant .
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 29th day of February 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – email regarding e ticket booking by opposite party
Ext.A2 – Copy of lawyer notice and postal receipt dated 29/9/15
Ext.A3 – Acknowledgment received by opposite party dated 6/10/2015
Exhibits marked on the side of the opposite party
Nil
Cost
Rs.1,000/- allowed as cost of the proceedings.
