Chandigarh

DF-I

CC/464/2015

Kanwal Singh - Complainant(s)

Versus

Edwin Travel Pvt. Ltd - Opp.Party(s)

In person

22 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/464/2015
Date of Institution	:	23/07/2015
Date of Decision	:	22/04/2016

 

1.     Kanwal Singh son of Late Shri Kartar Singh.

2.     Smt. Lajwanti Saini wife of Shri Kanwal Singh,

        Complainant Nos.1 & 2 both residents of House No.81, Lakhwinder Enclave, Roopnagar, District Roopnagar.

…..Complainants

V E R S U S

1.     Edwin Travel Private Limited (International & Domestic Air Tickets), SCO No.148-149, Sector 34-A, Chandigarh through its authorized signatory Navroop Singh.

2.     Navroop Singh son of Shri Gursharan Singh, resident of House No.4263, Sector 46-D, Chandigarh (As per his I.C.IC.I Bank account)

2^nd Address :

        Navroop Singh son of Shri Gursharan Singh resident of Village Saidpur, Tehsil Batala, District Gurdaspur (As per bail application filed in court in FIR No.602 dated 18.10.2013 registered at P.S. Sector 34, Chandigarh).

……Opposite Parties

 

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                       

                                                                       

ARGUED BY	:	Sh. Kanwal Singh, Complainant No.1 in person, Husband of complainant No.2.
	:	Sh. Rajesh Verma, Counsel for OPs.

PER SURJEET KAUR, PRESIDING MEMBER

1.         Sh. Kanwal Singh and Smt. Lajwanti Saini, complainants have filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against Edwin Travel Private Limited and another, Opposite Parties (hereinafter called the OPs), alleging that they got 6 months visiting VISA from the Canadian Government for the period from 22.7.2013 to 19.1.2014.  The complainants purchased two return tickets of Jet Airways from OP-1 for going to Canada from New Delhi on 11.9.2013 and return to New Delhi on 15.1.2014 for a sum of Rs.1,39,000/-. However, upon enquiry from Jet Airways, the complainants came to know that no tickets were booked in their name for the aforesaid dates. Thereafter the complainants immediately contacted OP-1 on mobile phone and it was told to complainant No.1 that they would return the amount, but, the same was not done despite several visits.  The OPs failed to return the amount despite registration of FIR and finally refused to pay the same on 6.7.2015. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainants have filed the instant complaint.
2.         In their joint written reply, OPs have averred that OP-1 had booked the tickets of the complainants in Class
   K-Economy and the total amount of the two tickets was Rs.1,50,000/-. Out of the same, the complainants paid only Rs.1,39,000/- which was less by Rs.11,000/-, therefore, the tickets were got cancelled by the Airlines after deduction of cancellation charges of Rs.16,000/- per ticket.  The factum of registration of FIR has not been disputed, but, it has been averred that the same has no relevance to the facts of the case.
3.         In their rejoinder, the complainants have controverted the stand of the OPs and reiterated their own.
4.         The parties led evidence in support of their contentions. 
5.         We have gone through the record and heard the arguments addressed by complainant No.1 in person and the learned Counsel for OPs.
6.         The case of the complainants is that they hired the services of the OPs for booking to and fro air tickets from Delhi to Toronto.  Annexure C-3 is the copy of the air tickets with Jet Airways issued by the OPs. For the purpose of booking of the air tickets, consideration of Rs.1,39,000/- was accepted by the OPs as per the bank account statement (Annexure C-4 & C-5). The main grouse of the complainants is that these tickets issued by the OPs were found fake/invalid when enquired from the Jet Airways. As per the case of the complainants, despite their various efforts, the OPs did not return the amount of the tickets to them and rather finally refused to return the same.
7.         The stand taken by the OPs is that they booked the tickets of the complainants in K-economy class and the total amount of two tickets was Rs.1,50,000/- out of which the complainants paid only Rs.1,39,000/- which was less by Rs.11,000/-. This was the only reason that the tickets booked were got cancelled by the airlines after deduction of the cancellation charges of Rs.16,000/- per ticket. 
8.         After scrutinizing the evidence on record in detail, it is an admitted fact that the complainants deposited consideration of Rs.1,39,000/- with the OPs towards the booking of the disputed tickets in question. So far as the allegation of the OPs that the complainants deposited less amount is concerned, they have miserably failed to place on record any email/SMS sent by them to the complainants informing that they have paid Rs.11,000/- less and that they (OPs) are unable to book the tickets.  The OPs have even failed to produce on record any such refusal by the airline/ concerned authorities that the tickets were cancelled due to less payment of Rs.11,000/-. As the OPs have not supported their version with any documentary proof, therefore, mere bald assertions made by them cannot be believed as such.  There are copies of various documents on record in the form of complaint (Annexure C-6), FIR (Annexure C-7), another complaint to the senior officers of Chandigarh Administration (Annexure C-8) etc. which clearly show that the complainants were harassed in the hands of the OPs by retaining the amount of the complainants and have not returned the same even during the proceedings of the present complaint.  Hence, we are of the opinion that the act of the OPs in issuing invalid/bogus air tickets to the complainant by accepting the requisite amount with malafide intention and later on non-returning the same points out towards their being deficient in services which certainly has caused physical and mental harassment to the complainants. Undoubtedly, the complainants invested their hard earned money for the purpose of purchasing the tickets after trusting the OPs. We have no hesitation in holding that the OPs have not honoured their promise of issuing the valid tickets and the complainants were unnecessarily made to waste a lot of their precious time and energy during the whole process.
9.         In view of the above discussion, we are of the opinion that the present complaint deserves to succeed. The same is accordingly partly allowed. The OPs are directed as under :-

(i)     To return the amount of Rs.1,39,000/- to the complainants with interest @ 9% per annum from the date of deposit i.e. 30.7.2013, till payment.

(ii)    To pay Rs.40,000/- as compensation for mental agony and harassment caused to the complainants;

(iii)   To pay Rs.20,000/- as costs of litigation to the complainants.. 

10.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of filing of the present complaint till realization, apart from compliance of direction at Sr.No.(iii) above.
11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
22/04/2016	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member