Order-15.

Date-02/07/2015.                .

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

          Complainant by filing this complaint has submitted that complainant is or was a customer of OP and complainant used to book air tickets from OP for himself and his family members, friends etc. time to time and complainant was provided with tickets for several times and when requested by the complainant for various tours of himself and his family members and the complainant used to purchase the ticket after making full payment of the price of the ticket and complainant was neither got any credit facility from the OP nor the same was asked for by the complainant at any point of time.

          It is specifically mentioned that the payment status of the complainant in purchase ticket was complete.  The details of travel schedule are as follow :

          Subsequently, on 03-11-2014 complainant purchased a ticket for journey from Kolkata to Ahmedabad and date of journey was 09-11-2014 and the ticket was charged to the amount of Rs.14,015-00.  Since there was some change in the programme of the complainant he asked for modification of the ticket for 12-11-2014 the same was done by charging modification charge thus the said ticket became the value of Rs.15,515/-.  Both payments were made to the OP directly and payment status of the ticket of the complainant was “complete” but such ticket was cancelled without the consent of the complainant and the funniest part of the cancellation was that the complainant was not intimated about the intention of the OP to cancel the ticket nor even the complainant was intimated till the date of journey that the ticket was cancelled by the OP unilaterally.  Till date the sum of Rs.15,515/- is neither refunded nor any initiative of refunding the same is taken by the OP and when complainant enquired about the reason of such cancellation the OP informed that the payment on the part of the complainant was not completed.  But it is to be mentioned that although the OP cancelled the tickets mentioned herein below complainant did not complete the payment yet the payment status showed in the said tickets was complete and the complainant being dissatisfied with the manner of service and unfairness of trade practice of the OP was compelled to request the OP to cancel the tickets purchased on 19-07-2014 for the journey from Ahmedabad-Kolkata and Kolkata-Ahmedabad and refund back the money paid by the complainant.  The details of the ticket are given below:

          OP did not take any initiative to refund back the charge and the complainant sent a letter dated November, 27, 2014 wherein the complainant requested the OP to cancel all his pending tickets, refund back the amount and the refund of price of those tickets which were cancelled suo moto by the OP without the consent of the complainant.  In the said letter the complainant expressed his dissatisfaction and further stated that these ideas of the OP were pre-conceived to cheat the passengers and/or its customers.

          In reply to the letter dated 27-11-2014 OP sent an e-mail in which the OP made several issues and only in order to create a story so that he might not have to refund the amount claimed by the complainant and denied the legitimate claim of the complainant.  It was stated that the OP did not have the PNR of the rest of the tickets as mentioned in the mail dated 27-11-2014.

          On 07-12-2014 complainant answered by a letter that he was astonished to know the fact that the OP had asked for furnishing of the PNR Numbers of the tickets when the complainant requested the OP to cancel.  In this context the complainant further mentioned to the OP that when the tickets were cancelled suo moto without the consent of the complainant and without asking the complainant then invariably the PNR Number were there and same thing was done by the OP in respect of other customers too and in the said reply written by the complainant to the OP it is specifically mentioned that OP had formed a device to cheat not only the complainant but also the other customers who had purchased ticket from the OP.   By the said letter written through email the complainant further requested the OP to refund the entire money in connection with the cancelled tickets and the tickets booked on 19-07-2014 in respect of which OP was requested by the complainant to cancel the same. 

          Since then i.e. the date of sending letter dated 07-12-2014 till the date the OP neither refunded the money of the tickets those were cancelled suo moto and unilaterally without the consent of the complainant nor refunded the money of the tickets those were requested by the complainant to be cancelled and in fact for deficiency and negligent manner of service and for adopting unfair trade practice complainant was compelled to file this case for redressal.

          On the other hand, OP by filing written statement submitted that the air-tickets were booked upon receiving telephonic instructions by the complainant and the charges towards the said air tickets were debited directly from the account of the OP maintained with the different airlines and the payment status that noted ”complete” as shown in the air tickets are reflection of payments made by the accounts of the OP and not by the complainant.

          It is further submitted that the allegation tickets were cancelled without the consent of the complainant is completely false and fabricated.  Further OP submits that no payments for the tickets as stated bythe complainant has been paid to the OP and the complainant with an ulterior motive of defrauding the OP was making an attempt to utilize the air ticket without making payment for the same as a result of which the OP was compelled to cancel the ticket prior to its date of travel which under no circumstances could be treated as an unfair trade practice.  Moreover OP states and submkits that the payments status “complete” as reflects in the air ticket annexed by the complainant is the payment done directly from the account of the OP maintained with different airlines and not by the complainant.

          It is further submitted that complainant has carried a false and fabricated story in the complaint petition, but the fact is that as the complainant bluntly refused to reimburse the payments of air tickets booked by the OP upon the request of the complainant, as such the OP was compelled to cancel said tickets.  OP further submits that when the payments for the air tickets issued were never received by the OP then the question of refunding payment by the OP cannot arise and does not arise at all.

          Fact remains OP is engaged in the business of tours and travels and book air tickets as well as package tours under the brand name of Carewell Express Tours Private Ltd. and it holds a reputed position in the field of tours and travels, the allegation brought forward by the complainant is false, frivolous and fabricated and fact remains the entire complaint is vexatious one for which the present complaint should be dismissed.

Decision with Reasons

On overall evaluation of the argument as advanced by the Ld. Lawyers of both the parties and after proper appreciation of the documents including the complaint and the written version it is found that no doubt ticket was purchased by the complainant through OP and invariably as per request of the complainant but in the present case Ld. Lawyer for the OP has tried to convince that payment was made by the OP from their own account as per request of the complainant but complainant did not pay the same for which it was cancelled.

          Another factor is that complainant already purchased tickets for Ahmedabad-Kolkata and Kolkata-Ahmedabad for their journey on 07-02-2015 return journey 12-02-2015, further for journey on 02-02-2015 return journey 12-02-2015 and also purchased ticket for journey on 06-01-1015, 16-12-2014, 01-01-2015 and 27-12-2014 and these tickets confirmed that payment was made to the extent of Rs.26,939/- , Rs.16,626/-, Rs.6,067/-, Rs.5,825/-, Rs.5,115/- and Rs,4,901/- and from those tickets it is clear that the payment status of the ticket is complete in respect of the said ticket and his tickets are also confirmed and from those e-tickets it is found that it is a receipt and itinerary as on 19-07-2014 and no doubt it is a receipt in support of full payment of money and payment status of the complainant is complete and invariably after payment of the same by the customer he shall receive the payment voucher and considering the OP’s own document complainant paid the entire payment of tickets and thereafter, the receipt cum itinerary dated 19-07-2014 were issued but fact remains OP already cancelled those tickets which was purchased on 19-07-2014 and when complainant reported for cancellation by the said air tickets 8 in numbers.  So, under any circumstances, OP cannot deny to refund the said amount when it is a confirmed ticket for which the payment status is complete so, the defence of the OP or the plea as taken by the OP cannot be taken into account as a believable defence.  Moreover, considering the documents issued by the OP in favour of the complainant on 19-07-2014 it is clear that on the date complainant paid the entire amount in cash and thereafter, ticket was issued and after a long period when the cancellation was made by the OP, OP’s defence is that they paid the amount on their own account and this defence cannot be taken into account as a very reliable and believable defence and at the same time OP cannot claim the said amount by stating that the amount was not paid by the complainant and if actually the amount had not been paid by the complainant in that case in the said ticket there must be a note that payment has not been made by the OP and amount is due from the customer but in the receipt cum itinerary there is no such note.  On the other hand it is completely a receipt cum itinerary note issued in favour of the customer that is to the complainant.  so, finding no other alternative but to rely upon the documents issued by the OP we are convinced that invoice cum itinerary receipt booking on 19-07-2014 supports full payment and OP has failed to give any satisfactory explanation by any document to show that complainant did not deposit the sum when the payment status is complete and receipts i.e. those papers are very vital to come to a conclusion whether the payment was done or not and in this regard it is to be mentioned that in the said invoice the payment has been shown paid by the customer and considering those documents we are convinced to hold that the entire allegation as made by the OP is false and fabricated and for some ill purpose one ticket was cancelled and in support of cancellation of the ticket OP’s defence that they paid the said amount which was not paid by the customer is false, fabricated and vexatious one and such a plea as taken by the OP is proved a false story.

          Further fact is that one ticket was cancelled by the OP on the same ground on the date of journey but that was a confirmed ticket and complete ticket and from the receipt and itinerary note it is found that payment status was complete and it was a invoice cum receipt cum itinerary and it is issued by the OP when payment is fully paid.  So, in view of the above findings we are convinced to hold that complainant got valued document in his custody from the OP issued by the OP those documents cannot be denied by the OP and OP has not denied the validity of those documents but only their plea is that complainant has not paid the money but that is not at all true.  On the contrary the said receipts support the contention and allegation of the complainant as made against the OP and at the same time these documents have supported that the entire defence of the OP is false and fabricated.

          In the light of the above observation and defence we are inclined to hold that complainant has been able to prove deficiency of service and negligent manner of service for cancellation of one ticket for journey and also for adopting unfair trade practice for other tickets which were booked by the complainant on 19-07-2014 and so OP is legally bound to refund the said amount invariably when the OP has enjoyed the amount and continued the business for enjoying capital and when complainant failed to avail of the said journey as it was cancelled then no doubt OP must have to refund the said amount when payment voucher or invoices receipts support that complainant paid the same and transaction was complete on receipt of the amount in cash from the complainant by the OP for which the OP’s own document which are in the custody of the complainant has confirmed that the defence of the OP is false and fabricated and only for deceiving the complainant and the defence as taken by OP is outcome of some unscrupulous brain but it is taken for some ill purpose for which the complaint is 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 directed to refund Rs.95,003/- to the complainant and also for causing harassment mental pain and agony and further for adopting unfair trade practice and for deceiving the complainant in such a manner OP shall have to pay a compensation of Rs.35,000/- to the complainant also.

          For adopting unfair trade practice and for deceiving the complainant in such a manner by taking such a false plea and to check such sort of practice OP shall pay Rs.25,000/- as penal damages which was to be deposited to this Forum and it is imposed to control such deceptive practices.

          OP is directed to comply this order within one month from the date of this order failing which penal interest  at the rate Rs.200/- per day shall be assessed over the said amount and if it is collected it shall be deposited to this Forum.

          Even if it is found that the OP is reluctant to comply the order in that case OP shall be prosecuted u/s.27 of the C.P. Act, for which further penalty and fine shall be imposed.