Andhra Pradesh

Chittoor-II at triputi

CC/50/2016

G.Sankaraiah Naidu, S/o G.Raghava Nidu, Aged 70 years, - Complainant(s)

Versus

Bhanu AIR FLY, Represented by its authorised person, proprietor - Opp.Party(s)

Matta Purushotham Reddy

21 Feb 2017

ORDER

Filing Date: 06.04.2016

Order Date:21.02.2017

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

 

 

TUESDAY THE TWENTY FIRST DAY OF FEBRUARY, TWO THOUSAND AND SEVENTEEN

 

 

 

C.C.No.50/2016

 

 

Between

 

 

G.Sankaraiah Naidu,

S/o. late. G.Raghava Naidu,

Hindu, aged 70 years,

Dolphin Bar and Restaurant,

Korlagunta,

Tirupati.

 

R/o: D.No1-14, Srinivasapuram,

Tiruchanur Road,

Tirupati Rural,

Chittoor District, A.P.                                                                                  … Complainant.

 

 

 

 

 

And

 

 

1.         Bhanu AIR Fly,

            Rep. by its Authorised person,

            M/s. Air Fly Travel,

            Shop No.524,

            Opp. Ashalatha Hospital,

            Reddy and Reddy Colony,

            Tirupati,

            Chittoor District.

 

2.         R.Praveena,

            Make My Trip,

            Shop No.1, APIIC Complex,

            Tilak Road,

            Tirupati.                                                                                 …  Opposite parties.

 

 

 

 

            This complaint coming on before us for final hearing on 15.01.17 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.Matta Purushotham Reddy, Sri.R.Venkateswara, counsel for complainant, and opposite parties remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. M.RAMAKRISHNAIAH, PRESIDENT

ON BEHALF OF THE BENCH

           

            This complaint is filed under Sections –12 and 14 of C.P.Act 1986, by the complainant  against the opposite parties 1 and 2 for the following reliefs 1) to direct the opposite parties to pay a sum of Rs.1,00,000/- with interest at 24% p.a., till realization, 2) to direct the opposite parties to pay Rs.5,00,000/- towards compensation for the mental suffering and inconvenience caused to the complainant and his family, and 3) to pay costs of the complaint.

            2.  The brief averments of the complaint are:-  that the opposite parties         1 and 2 claiming to be the franchise and authorized on behalf of ‘Make My Trip’ and maintaining M/s.Air Fly Travels by making false statements and misrepresentations of travel details, authority and tour packages. That the opposite parties have collected Rs.50,000/- from the complainant on 25.02.2015 and another sum of Rs.50,000/- from Mr.D.Srimannarayana Reddy, son-in-law of the complainant on 27.02.2015 and issued receipts for the said amounts under the name and style of “Make My Trip”.

            3.  That the complainant further contended that when the programme was unclear and the same was cancelled immediately and they have been intimated immediately. That the opposite parties have promised to repay the total amount within a week, but failed to repay the same instead of several demands by the complainant. For every demand, the opposite parties are giving different versions, as such there is negligence and deficiency in service on the part of the opposite parties. Hence the complaint.

            4.  The opposite parties though notices served on them, did not appear before the Forum either personally or through the advocate.

            5.  The complainant filed his evidence affidavit as P.W.1 and got marked Exs.A1 to A4 and also filed his written arguments.

            6.  Now the points for consideration are:-

            (i).  Whether the complainant is entitlted to the reliefs sought for?

            (ii)  To what relief?

            7.   Point No.(i):-  In the evidence affidavit and in the written arguments, the complainant reiterated the averments of the complaint and further contended that the opposite parties are since misusing the name of “Make My Trip” for their unscrupulous business and extracting money by illegal means, the opposite parties are liable to pay compensation. On perusal of the complaint, evidence affidavit of P.W.1 and his written arguments, it is found that the complainant did not mention the tour programme, that is from which place to which place they intends to travel, how many passengers in total wants to travel, purpose of the tour, date of their tour programme, place from which their tour is to be commenced i.e. whether it is from Tirupati or from Chennai or from Delhi, no tour schedule is filed in the Forum. The sentence that was mentioned in para.2 of the complaint to the effect that “when the programme was unclear and the same was cancelled immediately and they have been intimated immediately” itself creates suspicion that whether the complainant himself cancelled the tour programme or the same was cancelled by the opposite parties. Ex.A3 dt:25.02.2015 shows that Cancel Penalty of Rs.11,700/- was imposed by the opposite parties, which clarifies that the complainant themselves cancelled the programme.

            8.  Another important point is, as per Ex.A2 dt:25.02.2015 and para.4(3) of the complaint (amended complaint), it is found that complainant booked flight ticket dt:25.02.2015 from Delhi to Madras in Indigo flight – 6 Pak under PNR No.Q9DP2T Tkt OK; from Madras to Delhi in Rajadhani Express – 6 Pak under PNR No.4619190438 for 23.03.2015. When the complainant intends to travel from Delhi to Madras by Indigo flight on 25.02.2015, how can the complainant again go back to Delhi from Madras on 23.03.2015, how they can reach Delhi by 25.02.2015 and when they will travel to Delhi from Tirupati? and actually whether their journey is from 25.02.2015 or from 23.03.2015? When the tour commences from Madras to Delhi through Rajadhani Express on 23.03.2015, how can they return to Madras from Delhi on 25.02.2015 through Indigo flight. The tour programme was not at all disclosed either in the complaint or in the evidence affidavit or in their written arguments.

            9.  Para.4(b) of the complaint further shows that the programme was fixed by opposite parties by train from Chennai to Delhi and opposite parties offered the complainant and others to local trip to visit temples and other famous tourist places in Himachal Pradesh town. When their programme was up to Delhi only, how they can visit the temples and famous places in Himachal Pradesh without their being any  schedule of programme? As per the record, there was no material to show that they are also intended to go to Himachal Pradesh either independently or by availing packages from the opposite parties. The complainant also filed Ex.A4 notice dt:01.08.2015, but there was no reference of this notice in the complaint or in the evidence affidavit or in the  written arguments. Ex.A2 did not contain the signature of the opposite parties. Ex.A3 dt:25.02.2015 shows on the same day of booking tickets, all the 6 tickets were canceled and cancel penalty charges of Rs.11,700/- was also shown. Ex.A3 further shows that Origin is Delhi and Destination is Chennai. From where the complainant wants to proceed with their tour programme. Ex.A1 receipt contains correction in the date. However, the complainant did not mention any details about their tour programme.  Whether any such tour programme was undertaken by the opposite parties, if so, what is the schedule of the programme? The complainant, therefore, in our opinion did not approach this Forum with clean hands, and the contents of the complaint appears to be suppressing the facts, as such it appears to be vague, frivolous and vexatious. Under the above circumstances, we are of the opinion that the complaint is appears to be frivolous and vexatious and it is liable to be dismissed, as envisaged under Section-26 of the C.P.Act 1986. Accordingly this point is answered.

            10. Point No.(ii):-  in view of our discussion and in the absence of any details of the tour programme and non-filing of the schedule of the tour programme, and the ambiguity in pleadings and evidence affidavit of the complainant, the complaint is liable to be dismissed.

            In the result, complaint is dismissed, no costs. 

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 21^st day of February, 2017.

 

       Sd/-                                                                                                                      Sd/-                           

Lady Member                                                                                                      President

 

 

APPENDIX OF EVIDENCE

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1:  G. Sankaraiah Naidu (Chief/Evidence Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

 

             EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s            

 

Exhibits (Ex.A)	Description of Documents
	Payment receipt issued by “Make My Trip”. Dt: 21.02.15.
	AIR Ticket issued by Bhanu Air Fly Travels. Dt: 25.02.2015.
	Photo copy of AIR Ticket P.N.R. Status. R PNR *25F106N*. Airline PNR *Q9DP2T* INDIGO. Issue on Dt: 25.02.2015.
	Legal Notice issued by Complainant to Opposite parties. Dt: 01.08.2015.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

 

                                                                                                                                    Sd/-

                                                                                                                                 President

   

                                   // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

           Dist. Consumer Forum-II, Tirupati.

   

 

            

Copies to:-     1.  The complainant.

                        2.  The opposite parties.