The crux of the complaint in brief is that, the Complainant booked 3 tickets on online for Rs. 981/- for perfrming a journey on 20.5.2015 from Malkangiri to Visakhapatnam but due to some un-avoidable reasons he had cancelled the said ticket. Accordingly, on 19.5.2015 at aboout 12.34 pm he submitted the written reqest to the OP No-1 for cancellation of the ticket(Annexure-1). The OP No-1 by his e.mail letter dated 19.5.2015 at 12.39 PM assured the complainant that his ticket cancellation amount will be credited in to the net banking account of the Complainant stating therein that as per rules the cancellation is allowed before one hour of sheduled journey of the Bus. Without crediting the cancellation amount, the Opposite Party No-1 vide his e,mail intimated that the cancellation amount can not be refunded as per OSRTC policies. Thereaffter, the complainant contancted the Opposite Parties No-2,3 & 4 but yielded no result. It is also contended that the bus for which the ticket was booked was sscheduled to depart Malkangiri Bus stand on 20.5.2015. But said bus did not performed its journey on 20.5.2015 due to want of route permit as evident from the mention of OP No-1 at annexure-III. Due to deficiency in service on the part of the Opposite Parties, the complainant suffered mental agony, Physical harassment and financial loss and finding no other alternative the complainant filed the present complaint with a prayer To direct the Opposite Parties to refund Rs. 981/- the amount of cancellaed ticket with interst @ 24 % p.a., to direct the Ops to pay Rs. 10,000.00 as compensation for mental agony, physical harassment and financial loss and to direct the O.P.s to pay Rs. 5000/- as cost of litigation expenses.
Notice sent to the Opppsite Parties through registered post. Despite notice the OP No-1 & 2 neither appeared nor filed their written version. Hence both the OP No-1 & 2 are set ex-parte. On receipt of notice the OP No-3 & 4 appeared though their copunsel and filed their written version.
In their separate written version the OP No-3 & 4 are denied their liabilities. In their written version they submitted that the case is not maintainable and the cancellation amount has already been credited in to the account of the complainant.
In support of his claim the complainant has filed the the original cancellation request marked herein as Exibit C/1, the complainant also filed the reply of OP No-1 dated 19.5.2015 marked herein as Exibit C/2 and reply of OP No-1 dated 21.5.2015 marked herein as Exibit C/3
In support of their case the Opposite Parties No-3 n& 4 have filed no scrap of document as evidence.
We have perused the records, heard the arguments advanced by the complainant and learned Counsels appearing for the OP No 3 & 4.
It is not disputed that the complainant has purchased the ticket to avail the OSRTC bus service of Opposite Parties by paying the consideration in shape of fare through the authorized booking agent of the OSRTC. As per the e.mail reply dated 19.5.2015 of the OP No-1 at Exibit C/2 it is found that the OP No-1 in his e.mail reply it is noted that the “cancellation can be done before 9 PM for the current date of journey after 10 PM to next day Journey before 7 AM”. It is also assured therein that the cancelation amount will be credited in 7 Bnak working days. Further on perusal of reply dated 21.5.2015 it is found that the OP No-1 in his e.mail reply contended that “on 20.6.2015 OSRTC Malkangiri to Visalhapatnam bus has not go to this day, so I can cancel this ticket”. It is further mentioned therein that (Exibit C/3) “As per OSRTC Policies, Once Ticket is Booked, it cannot be cancelled.” Hence it is crysatal clear that the OP no-1 has not refunded the cancellation amount till date. In course of hearing the complainant submitted that the cancellation amount has not been refunded to him till date.
it is evident that the relationship between the Opposite Parties No- 2 to 4 with the OP No-1 is obviously that of the Principal and the agent respectively. It is well settled that the Principal is liable for every act of the agent except his personal criminal acts. Our above view finds support from the rulings of the Hon’ble National Commission in F.A.No 495 of 1997 in the matter of M/S Indian Airlines, Delhi & Others versus S.N.Seth & Ors wherein the Hon’ble National Commission held “ Travel agent – confirmed tickets issued by the authorized agent of Indian Airlines – No flight on the date indicated in the air ticket – Liability of Indian Airlines as Principal – held liable. ”
In the result, the complaint of complainant is fit to be allowed in part and hence we proceed to pass the following:
ORDER
Complaint of Complainant is allowed in part.
Opposite Party No 1 to 4 are directed to refund Rs. 981/- towards the bus fare for the cancellation of ticket along with Rs. 2,000/- as compensation for mental agony, physical harassment and financial loss and Rs.1000/- being the litigation expenses to the complainant within 30 days from the date of receipt of a copy of this order, failure of which the Opposite Parties are liable to pay Rs. 50/- each day of delay.
A copy of this order be made available to the parties free of costs.
Pronounced in the open forum on this the 30th November,2015.
