DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 16th day of January, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member
Date of Filing: 20.06.2022
CC/107/2022
Jithin K
S/o K.Mani, Kizhakkepura House
Poolakkaparambu, Thottakkara Post
Ottapalam, Palakkkad – 679 102 - Complainant
(Party-in-Person)
V/s
Creative Travels and Tours
Kizhadayil Complex, Opposite Lakshmi Theatre
Shoranur Road, Ottapalam, Palakkad Dist.
(Ex-parte) - Opposite parties
O R D E R
By Smt. Vidya.A, Member
1. Pleadings of the complainant in brief
Complainant booked air ticket for travelling to and fro Maldives – Thiruvananthapuram through the opposite party during March 2020. But due to Covid-19 pandemic, the Airports remained closed and he could not travel. So he approached the opposite party travel agency to get refund of the amount. But they did not refund the amount or properly respond to the complainant’s enquires.
The complainant lodged a complaint through the NCH (National Consumer Helpline). He came to know that Air India had refunded the amount to the travel agent of the opposite party in December 2020. But the opposite party is not refunding the amount inspite of the complainant’s repeated demands. This is clear deficiency in service and dereliction of duty on the part of the opposite party. The complainant has suffered mental agony and financial loss to the tune of Rs. 40,000/- because of the acts of the opposite party. So this complaint is filed to direct the opposite party to pay Rs. 40,000/- as compensation for the Deficiency in service on their part and for the mental agony and financial loss suffered by the complainant.
2. After admitting complaint, notice was issued to the opposite party. Even after receiving notice, the opposite party did not appear before the Commission. So their name was called in open court and was set ex-parte.
3. Complainant filed authorization letter, authorizing his father to appear on his behalf. Complainant’s father filed proof affidavit on behalf of the complainant. Exhibits A1 & A2 were marked. Evidence closed and heard.
4. The following points arise for consideration in this case:
- Whether there is any deficiency in service/ unfair trade practice on the part of opposite party?
- Weather the complainant is entitled to the reliefs claimed?
- Reliefs as cost and compensation.
Point No: 1
5. Complaint averment is to the effect that the complainant booked tickets for travelling to Maldives in March 2020 and returning to Thiruvananthapuram on May 18th 2020 through the opposite party travel agency. But due to Covid-19 pandemic, he could not travel as the Airports remain closed during that period. So he approached the opposite party for the refund of the amount. But they did not refund or properly respond to his enquires. Later he filed complaint through NCH and got information that Air India had refunded the amount to the travel agent of the opposite party in December 2020.
6. Two documents were marked from the side of the complainant. Ext. A2 is the copy of the complaint No: 3220075 dated 13/01/2022 lodged by the complainant through NCH for the refund of the amount and reply by Air India. From this it is seen that, Air India had refunded the ticket amount of Rs. 9,813/- after deducting cancellation penalty of INR 300 to the travel agent on 4th December 2020 with a direction to the complainant to contact travel agent for further assistance. Ext. A1 is the INT Refunds letter to the opposite party.
7. Complainant’s grievance is that the opposite party travel agency is not refunding the amount even after his repeated demands for the last two years. From the evidence adduced it is clear that the complainant had made out a prima-facie case. There is clear deficiency in service on the part of the opposite party in not refunding the amount even after receiving the amount from Air India. Issue No: 1 is found in favour of the complainant.
8. Even after receipt of notice, the opposite party did not appear before the Commission. Since they remained ex-parte, the evidence adduced by the complainant stands unchallenged.
Points 2 & 3
9. The non-refunding of the amount to the complainant is a deficiency in service and unfair trade practice on the part of the opposite party and they are bound to compensate the complainant for that. The complainant had suffered mental agony and financial loss due to the acts of the opposite party. This caused the complainant to file this complaint, causing further inconveniences. In this result, the complaint is allowed
- We direct the opposite party to refund the ticket amount of Rs. 9,813/- together with interest at 9% per annum from 04/12/2020 till realization.
- We further direct the opposite party to pay Rs. 15,000/- as compensation for their deficiency in service and unfair trade practice, Rs. 10,000/- for the mental agony and financial loss suffered by the complainant and Rs. 5,000/- as cost of the litigation.
The opposite parties shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in the open court on this the 16th day of January, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Documents marked from the side of the complainant
Ext. A1 – INT Refund letter.
Ext.A2 – Copy of e-mail showing complaint lodged through NCH dated 13/01/2022 AND reply from AIR INDIA dated 18/01/2022.
Documents marked from the side of opposite parties – Nil
Witness examined from the complainant’s side: NIL
Witness examined from the opposite parties side: NIL
Cost- Rs. 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
