PER:
Charanjit Singh, President;
1 The complainant has filed the present complaint under Section 34, 35 and 36 of the Consumer Protection Act (herein after called as 'the Act') against the opposite parties by alleging that the opposite party No. 1- Bhagwati Travel, 379, 3, M.M. Malviya Road, Maharaja Ranjit Singh Nagar, INA Colony, Amritsar is engaged in the business of Travel Agent. The complainant got obtained an employment VISA for UAE on 03.03.2023. The complainant on dated 3.3.2023 purchased/booked a ticket through opposite party No. 1 from Amritsar to Dubai for dated 7.3.2023 having timing 8.50 AM of Spice Jet Airline i.e. the opposite party No.2 vide Flight No.SG55 [ATQ-DXB), PNR No.WYQT4P/SG, Booking reference No.37118911, for a sum of Rs.38,500/-. The opposite party No.1 also supplied the ticket of the same to the complainant after receiving the payment of the ticket to the tune of Rs.38,500/- in cash and at that time the opposite party No.1 assured the complainant that the opposite party No.1 has fulfilled all the formalities as required for booking the said ticket of the complainant and duly complied with all the formalities and requirements for the same and nobody will raise any objection regarding the issuance of ticket or regarding noncompliance of any requirement of the concerned Airline. On the day of departure of the complainant for Dubai (UAE) through the flight of opposite party No.2, the concerned authorities of opposite party No.2 refused the complainant for his departure in their flight by making an objection of non compliance of OTB [OK TO BOARD]. Upon which the complainant immediately contacted the concerned authority of opposite party No.1 on mobile No.98550-30034, upon which the complainant was forced to further deposit Rs.6350/- for removal of the said objection otherwise to arrange a new ticket from somebody else upon which the complainant requested to refund the amount of his ticket to the tune of Rs.38,500/-. On the refusal of opposite party No.1, the complainant after finding no any other way, thereafter booked/purchased a new ticket of Indigo Airline for dated 07.03.2023 from Amritsar to Sharjah having flight No.6E 47 [A320], PNR/Booking Reference No.VR95YJ for a sum of Rs.34,643/. The complainant returned back to India on 21.03.2023 and thereafter, the complainant approached the opposite party No.1 with his above said grievance but the concerned authority of opposite party No.1 tried to pursue the complainant that there was no need for obtaining OTB for the SpiceJet Airline whereas the opposite party No.2 refused to departure of the complainant through his flight on the said objection of OTB. The complainant requested many a times the opposite party No.1 to refund him the amount of the ticket to the tune of Rs.38,500/- but the opposite party No.1 had been putting off the matter on one false pretext or the other. Moreover, a legal notice dated 27.3.2023 was also served upon the opposite parties, by the complainant through his counsel from Tarn Taran whereby the opposite parties were again requested to refund the amount of the ticket to the tune of Rs.38,500/- and also to pay a sum of Rs.1,00,000/- as damages/compensation, to the complainant jointly, equally and severally, within period of 15 days from the receipt of the said legal notice. The compliant prayed that the following reliefs may be granted in favour of complainant.
- The opposite parties may kindly be directed to refund the amount of the ticket to the tune of Rs. 38,500/- to the complainant.
- The opposite parties may also be directed to pay an amount of Rs. 1,00,000/- as compensation and Rs. 11,000/- as litigation expenses.
Alongwith the main complaint, the complainant has placed on record his affidavit Ex. C-1, Original Employment Visa issued on 3.3.22023 in the name of complainant Ex. C-2, Original Ticket Booked on dated 3.3.2023 for dated 7.3.2023 in the name of complainant Ex. C-3, Original copy of objection of OTB raised by the opposite party No. 2 on the ticket booked on 3.3.2023 Ex. C-4, Original Ticket dated 7.3.2023 of IndioGo in the name of complainant Ex. C-5, Computerised copy of legal notice dated 27.3.2023 Ex. C-6, Two original Postal Receipts dated 27.3.2023 Ex. C-7 and Ex. C-8, Self attested copy of Adhar Card of the complainant Ex. C-9.
2 Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that the opposite party No. 1 is engaged in the business of Travel Agent. The complainant got obtained an employment VISA for UAE on 3.3.02023 and Employement Visa is Ex. C-2. The complainant on dated 3.3.2023 purchased/booked a ticket through opposite party No. 1 from Amritsar to Dubai for dated 7.3.2023 having timing 8.50 AM of Spice Jet Airline i.e. the opposite party No.2 vide Flight No.SG55 [ATQ-DXB), PNR No.WYQT4P/SG, Booking reference No.37118911, for a sum of Rs.38,500/- and the original ticket booked dated 3.3.2023 is Ex. C-3 The opposite party No.1 also supplied the ticket of the same to the complainant after receiving the payment of the ticket to the tune of Rs.38,500/- in cash and at that time the opposite party No.1 assured the complainant that the opposite party No.1 has fulfilled all the formalities as required for booking the said ticket of the complainant and duly complied with all the formalities and requirements for the same and nobody will raise any objection regarding the issuance of ticket or regarding noncompliance of any requirement of the concerned Airline. On the day of departure of the complainant for Dubai (UAE) through the flight of opposite party No.2, the concerned authorities of opposite party No.2 refused the complainant for his departure in their flight by making an objection of non compliance of OTB [OK TO BOARD]. The copy of objection of OBT raised by the opposite party No. 2 on the ticket booked on 3.3.2023 is Ex. C-4. He further declared that upon which the complainant immediately contacted the concerned authority of opposite party No.1 on mobile No.98550-30034, upon which the complainant was forced to further deposit Rs.6350/- for removal of the said objection otherwise to arrange a new ticket from somebody else upon which the complainant requested to refund the amount of his ticket to the tune of Rs.38,500/-. On the refusal of opposite party No.1, the complainant after finding no any other way, thereafter booked/purchased a new ticket of Indigo Airline for dated 07.03.2023 from Amritsar to Sharjah having flight No.6E 47 [A320], PNR/Booking Reference No.VR95YJ for a sum of Rs.34,643/-. The complainant returned back to India on 21.03.2023 and thereafter, the complainant approached the opposite party No.1 with his above said grievance but the concerned authority of opposite party No.1 tried to pursue the complainant that there was no need for obtaining OTB for the SpiceJet Airline whereas the opposite party No.2 refused to departure of the complainant through his flight on the said objection of OTB. The complainant requested many a times the opposite party No.1 to refund him the amount of the ticket to the tune of Rs.38,500/- but the opposite party No.1 had been putting off the matter on one false pretext or the other. Moreover, a legal notice dated 27.3.2023 Ex. C-5 was also served upon the opposite parties, by the complainant through his counsel from Tarn Taran whereby the opposite parties were again requested to refund the amount of the ticket to the tune of Rs.38,500/- and also to pay a sum of Rs.1,00,000/- as damages/compensation, to the complainant jointly, equally and severally, within period of 15 days from the receipt of the said legal notice copy of receipt is Ex. C-6 and prayed that the present complaint may be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in this Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but the opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.
6 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties. The opposite parties are directed to return Rs. 38,500/- to the complainant. The complainant has been harassed by the opposite parties for a long time, therefore, the complainant is entitled to Rs.7,500/- as compensation on account of harassment and mental agony and Rs 5,000/-as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
23.08.2023
