COMPLAINT FILED: 27.01.2009<br /> Disposed on 12.06.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> Dated: 12th JUNE 2009<br /> <br /> PRESENT :- SRI. S.S. NAGARALE PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.223/2009<br /> <br /> COMPLAINANTS 1. Sri. Raju Krishnappa,<br /> S/o Late R.Krishnappa,<br /> Aged about 34 years,<br /> Presently Residing at 203,<br /> Tangelo Irvine,<br /> California, USA 92618.<br /> <br /> Rep: by his P.A. Holder<br /> Sri. Jyothikumar.K.,<br /> No.3, Krishna Nilaya,<br /> P.F. Layout,<br /> Vijayanagar<br /> Bangalore – 560040.<br /> <br /> 2. Sri. T.N.Swaminathan,<br /> S/o T.C.Narayana Swamy,<br /> Aged about 62 years.<br /> <br /> 3. Smt. Hemavathy,<br /> W/o Swaminathan<br /> Aged about 56 years.<br /> <br /> Both are residing at <br /> No.108, 8th ‘A’ Cross,<br /> Prashanthnagar,<br /> Bangalore – 560 079.<br /> <br /> V/s.<br /> <br /> OPPOSITE PARTIES 1. The General Manager, <br /> M/s British Airways,<br /> Unit 502, Prestige Meridian,<br /> 29, M.G.Road,<br /> Bangalore – 560 001.<br /> <br /> <br /> <br /> 2. The General Manager,<br /> M/s British Airways,<br /> Naten Plaza (5th Floor),<br /> Turner Road, Bandara West,<br /> Mumbai.<br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite party (herein after called as OP) to refund Rs.1,785=99 US Dollars along with compensation of Rs.25,000/- & Costs. <br /> <br /> The brief averments made in the complaint are as follows: <br /> <br /> The 1st complainant being a son in law of 2nd and 3rd complainants, who is working in Private Company at Los Angeles City of California, has a booked two tickets with the OP through online booking on 06.09.07 for 2nd and 3rd complainant to travel from Bangalore to Los Angeles. The booking No.Y5FLWO & the said tickets number is 125-2443397420 and 125-2443397421. The OP has charged Rs.1,45,764/- which was paid through credit card ending No.7178 of the 1st complainant. The 2nd and 3rd complainants travel to Los Angeles and returned back to India. When 1st complainant received credit card statement he noticed the illegal charging of 1,785=99 U S Dollars on 06.09.07. The OP has debited on amount of 1,785=99 US Dollars on 19.09.07 the same has been credited to his credit card account again on 26.12.07. The OP has charged 1,785=99 US Dollars to the complainants account without any reason. The 1st complainant sent number of complaints to OP through e-mail <br /> <br /> <br /> <br /> calling upon to rectify the mistakes and to refund the amount. The correspondences credit card bills are produced. The OP his replied and gave the refund reference No.702899679, but remained silent. Hence complainant felt deficiency in service on the part of the OP. For no fault his, he is made to suffer both mental agony and financial loss. Under the circumstances he is advised to file this complaint & sought for the relief accordingly. <br /> <br /> 2. On appearance of OP filed its version mainly contending that OP booked two tickets by collecting Rs.1,45,767/- from the 1st complainant’s credit card. Since 1st complainant on 06.09.07 contacted OP and said only one ticket has been received by him so OP issued another ticket in the name of the 3rd complainant for 1,785=99 US Dollars & the same amount was credited to 1st complainant’s card account. When the 1st complainant requested to cancel the said ticket that issued for the 2nd time and to refund the amount, then OP on 09.10.08 refunded the said 1,785=99 US Dollars. Complainant suppressed this fact. Among other grounds prayed for dismissal of the complaint.<br /> <br /> 3. At the outset it is not in a dispute that 1st complainant booked two tickets for 2nd and 3rd complainants to travel from Bangalore to Los Angeles, US, through online booking with the OP. The OP admitted it has booked two tickets by collecting Rs.1,45,767/- from 1st complainant’s credit card account. Further OP has also admitted on 09.10.08 it has refunded the amount of 1,785=99 US Dollars to 1st complainant’s card account, which was wrongly credited by OP. The documents to that effect are produced. However, there is delay of more than <br /> <br /> <br /> <br /> one year. The OP could have taken steps immediately and credited the amount to the 1st complainant account.<br /> <br /> This Consumer Protection Act is enacted to protect and safeguard the better interest of the consumers. This is an age of computer the delay in crediting the amount must have naturally caused mental agony and financial loss to the complainants for no fault of them. Therefore complainants can be compensated by directing OP to pay Rs.5,000/- as compensation and Rs.1,000/- towards litigation cost. In the result we proceed to pass the following:<br /> ORDER<br /> <br /> The Complaint is disposed off as settled. Since the OP has given corresponding credit to the card account amount of the 1st complainant. However OP is directed to pay compensation of Rs.5,000/- and Rs.3,000/- litigation cost to the 1st complainant. This order shall be complied with in four weeks from the date of communication of this order.<br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 12th day of June 2009.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT.<br /> <br /> <br /> <br /> <br /> <br /> <br />