Order-15.

Date-24/06/2015.                .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant used to purchase ticket after making full payment of price of the ticket from the OP and complainant was never given any credit facility by the OP nor the same was asked for by the complainant at any point of time and practically complainant purchased AIR ticket for his journey from Kolkata to Ahmedabad for himself and his wife on 26-11-2014 and at the same date i.e. on 29-07-2014 purchased the return ticket from Ahmedabad to Kolkata and the date of return was 04-12-2014 and that ticket price was charged that is an amount of Rs.26,193/- and both payments were made to the OP directly in cash and payment status of the ticket shows complete and confirmed.

          All on a sudden by an e-mail dated 16-11-2014 i.e. that is date of journey at about 12:06 hours the OP informed the complainant that the tickets would stand cancelled if the outstanding due of Rs.26,193/- was not paid to the OP towards the purported price for the tickets in question and it is necessary to mention here that the flight was scheduled at 6.50 p.m. on 26-11-2014.

          Soon after receipt of the e-mail dated 26-11-2014 sent by the OP complainant was shocked and practically lost his mental capacity and thereafter sent a reply at 15:15 hours stating everything and challenging such false claim of the OP but against that reply OP did not make any further queries and also did not make any reply or feedback on the contrary arbitrarily and unilaterally cancelled the tickets on the date of journey.

          Fact remains OP cancelled the journey very unfairly and unreasonably without the consent of the complainant and that matter was not even intimated prior to that date though complainant purchased the ticket in the month of July, 2014 and after waiting 3 and ½ months OP reported that and it is completely false and fabricated which is proved from the invoice ticket sent by the OP to the complainant which is complete and confirmed.  So, in the above circumstances, complainant prayed for refund of the entire amount after deduction of the cancellation but OP did not pay any heed and the claim of the OP that he never received any cash against such ticket is false and fabricated and in the above circumstances, and for negligent and deficient manner of service and for adopting unfair trade practice complainant has prayed for compensation including refund of the entire amount as prayed for by the complainant.

          On the other hand, OP by filing written statement submitted that no payment for the tickets as stated by the complainant has been paid and ticket price had paid by the OP.  Complainant with an ulterior motive and defrauding the OP was making at attempt to utilize the air ticket without making payment for the same and on the basis of the information of the complainant OP purchased the ticket and sent it to the complainant but complainant did not pay the same for which it was cancelled and the payments status is complete and confirmed reflects in the air ticket due to payment made by the OP from his account what OP maintains with the Airlines and not by the complainant. 

          On the other hand, OP has submitted that as a normal practice the OP being a travel agent booked air tickets on receiving instructions from different intending customers and during such booking the amount for booked tickets gets debited directly from the account of the OP maintained with different airlines and after booking is done the travelling tickets are being mailed to such customers and the customers pay directly to the account payee cheques in the name of OP.  The OP further submitted that after booking tickets as requested by the complainant the complainant did not pay any heed towards making payment of the sum due and outstanding for such tickets, in spite of repeated telephonic call and request the complainant did not pay price for such tickets as a result of which the OP was forced to cancel such tickets on sending due information to the complainant and further submitted that complainant shall have to prove that he has paid the sum and cancellation is not arbitrary because payment was not made by the complainant and in fact complainant with some ulterior motive filed this complaint and for grabbing some huge amount without payment of the said ticket for which the complaint should be dismissed.

Decision with Reasons

On proper consideration of the complaint including written version and also considering the argument as advanced by the OP it is found that Ld. Lawyer for the OP tried to convince that the ticket was purchased by the OP as per request of the complainant and payment was made by the OP but complainant did not pay the sum for which it was cancelled.  Now, question is whether complainant paid the sum or not.  In this regard from the annexure A e-ticket it is clear that payment status is complete and ticket is also confirmed for the journey and it is nothing but a receipt and itinerary as of Tuesday, 29-07-2014.  Further it is found that it is no doubt a receipt in support of the full payment of the money and status of payment is complete and invariably after payment of the sum by the customers the customer shall have to receive such payment voucher and considering the OP’s own document it is clear that complainant paid the entire amount for journey and thereafter the receipt and itinerary as on 29-07-2014 was issued.  Thereafter, up to 26-11-2014 OP was sitting idle.  He did not claim any money within last 3 and ½ months but on the date of journey at 12:06 hours e-mail was sent stating that the payment was not made and if it is not made the ticket shall be cancelled against that complainant forthwith reported that receipt is with him and it is a confirmed ticket for which payment status is complete so such a plea is completely false and fabricated.   Now, considering that document issued by the OP in favour of the complainant on 29-07-2014 it is clear on that date complainant paid the entire amount in cash and thereafter, the ticket was issued and after that long 3 and ½ months OP did not claim any amount stating that same was paid by the OP and complainant has not paid it but just on the date of journey i.e. on 26-11-2014 at about 12:06 hours it is reported and complainant forthwith replied but OP did not respond thereafter.  Whatever it may be we have no other alternative but to reply upon the document issued by the OP and that is the invoice cum itinerary receipt in respect of booking the ticket on 29-07-2014 by the complainant on full payment and OP has failed to give any satisfactory explanation and document to show that complainant did not deposit the sum and when payment status is made complete and itinerary receipt was supplied to the complainant by the OP and that paper is vital document to consider whether that has been paid or not.  It is to be mentioned in this regard that in the said invoice there was no such note that payment has not been made by the customer Mr. Mittal and considering that document we are convinced to hold that the entire allegation made by the OP is false and fabricated and for some ill purpose it was cancelled and some other person was allotted that ticket and that is the business of the OP which is being continued for years.  Truth is that complainants’ returned journey from Ahmedabad to Kolkata was not cancelled that means in respect of return journey from Ahmedabad to Kolkata ticket was purchased and confirmed by the OP and there was no challenge that the same was cancelled due to non-payment and in fact in this case OP has taken a false plea only to deceive the complainant as customer and fact remains even after acceptance of a valid document in the custody of the complainant issued by the OP, OP has claimed that the payment was made by them but that is completely false and fabricated if actually there was any due in that case in said receipt it must be noted that the payment has been made by the OP and complainant shall have to pay before journey but no such note is there.  Considering all the above facts and circumstances, we are convinced to hold that in fact complainant has been able to prove the deficiency of service and negligent manner of service of the OP for cancellation of the ticket for journey and adopting unfair trade practice and prayer for refund of the amount is legally made when his journey has been disturbed by the OP.  No doubt OP has tried to convince that the OP asked the complainant to pay but from the document it is proved that defence of the OP is false and fabricated and only for deceiving the complaint such a false defence was taken by the OP at the instance of some unscrupulous brain but the allegation of the complainant is proved beyond any manner of doubt for which the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OP with a cost of Rs.10,000/-.

          OP is hereby directed to handover the amount of Rs.26,193/- to the complainant and also for cancellation, harassment and mental pain and agony and for unfair trade practice and for deceiving the complainant and cancelling the journey OP shall have to pay a compensation of Rs.20,000/- to the complainant.

          For adopting unfair trade practice and for deceiving the complainant in such a manner by taking such a false defence and to check such sort of practice adopted by OP, OP shall have to pay Rs,15,000/- as penal damages which shall be deposited to this Forum and it is imposed to control such sort of unfair trade practice by the OP.

          OP is directed to comply the order within one month from the date of this order failing which for non-compliance of the Forum’s order penal interest  at the rateRs.200/- shall be assessed over the said amount and if it is collected it shall be deposited to this Forum.

          Even if OP fails to comply this order OP shall be further prosecuted u/s.27 of the C.P. Act for which further penalty and fine shall be imposed.