Date of Filing:17.11.2007<br /> Date of Order:12.06.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 12TH DAY OF JUNE 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 2291 OF 2007<br /> <br /> Mrs. Bimaljeet Johar,<br /> #203, Pragathi Enclave Annexe,<br /> 6th Main, HAL III Stage,<br /> New Thippasandra Post,<br /> Bamgalooru-560 075. Complainant<br /> <br /> V/S<br /> 1. Ezeego One Travels & Tours Pvt. Ltd.,<br /> Registered Office Address:<br /> 1st Floor Cecil Court,<br /> Lansdowne Road, <br /> Colaba, Mumbai-400039.<br /> 2. Ezeego One Travels & Tours Pvt. Ltd.,<br /> Retail Outlet:<br /> Shop No., Kiran Kunj,<br /> 24th Road, Khar West,<br /> Mumbai-400052. Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of Rs. 11,438/- and compensation.<br /> The facts of the case are that, on 23rd October-2007 the complainant had booked 2 air tickets online from www.Ezeego1.com under 25% cash back offer on ICICI Credit cards. He had registered with Ezeego1 and got the booking reference No.EZR-2007-239509/A. The tickets were from Jetlite Airlines for 14th November-2007(PNR: S2-JFS6T) for Bangalore-Delhi, and Delhi-Bangalore on 21st November-2007 (PNR-S2-JFS85). The booking was confirmed via e-mail and paid Rs.7,324/- for two tickets. On 8th November-2007 he had booked another ticket for Bangalore-Delhi for 2nd December-2007(PNR:S2-J535D), Jetlite Airlines, under the same cash back offer. Booking reference No.EZR-2007-312280/A. The cost of the ticket was Rs. 4,114/- and the e-mail was sent for the same with the confirmed PNR. The total amount paid for three tickets was Rs.11,438/-. On 14th when he reached the Airport to leave for Delhi, he was surprised to find out from Jetlite counter that his PNR was cancelled. When checked the status of his son and himself return ticket he found that those two PNR were also cancelled. He was trying to contact Ezeego1 helpdesk, but no one came on the phone. According to Jetlite staff, this fraud has happened a few times before too, to other travels. The complainant had emailed at complaints@ezeego1.com, agents.registration@ezeego1.com, and advertising@ezeego1.com, but they have not responded till date. Johar Group Co. is an Education Consultancy firm, guiding students for foreign education. The promoters have to travel a lot to various parts of India and counsel the students for the same. From 14th November till 18th November he had Admission and Visa Counseling appointments in Delhi. On 19th November he was supposed to go to Panchakula to attend a Seminar where he had to address at least 100 students for their admissions. The counseling for the students which they do at this time, gives them results for the entire year. This fraud by Ezeego1.com and the negligence caused by Jetlite Airlines, who have authorized Ezeego1.com to issue tickets on their behalf has caused him and his company a financial loss to the tune of Rs.35,000/-. Hence, the complaint.<br /> 2. Notice was issued to opposite party. Opposite party appeared and filed defence version stating that, on 23rd October-2007 the complainant booked a return e-ticket online for Bangalore-Delhi-Bangalore Sector by using her Credit Card. The amount paid by her was Rs.7,324/- for the journey on 14th November-2007. As per the computer system, instantaneously a system generated document giving details of the air ticket booked, the PNR number and other data was transmitted by E-Mail to her known e-mail ID which the complainant took a printout of. However, due to clerical error, the concerned executive failed to generate an E-ticket. As the PNR created is subject to time limit, the non-creation of the E-ticket resulted in the cancellation of the PNR and as a result the confirmed booking got cancelled due to a clerical error. On 8th November-2007 by logging in from a different ID, the complainant booked a one-way ticket from Bangalore to Delhi in the name of one Avneet Johar. The amount paid by her was Rs.4,114/-. As per the computerized system, a summery document was generated giving details of the air ticket booked, the PNR number and other data which was transmitted to the said ID of which the complainant took a printout. On 14th November-2007 Mrs. Bimaljeet Johar sent e-mail stating that the tickets for Bangalore-Delhi-Bangalore were not booked, the PNR status was shown as invalid in the counter of Jetlite. In the said mail she has claimed that the one way ticket booked for Mr. Avneet Johar for Bangalore-Deklhi having booking reference No.EZR-2007-312280/A and PNR No.S2J535D was also not booked as per the information received by her from the Jetlite personnel. The complainant was further provided an apology and in order to assuage her dissatisfaction, as a goodwill gesture, the complainant was offered four fully paid return tickets on any airline of her choice valid for travel between any two domestic sectors. By an e-mail on 22nd November-2007, the opposite parties offered the complainant an additional three nights/4 days free holiday package anywhere within India, which was in addition to the earlier offer of four fully paid return tickets on any airline of her choice valid for travel between any two domestic sectors. The complainant refused to pay the cancellation charges of Rs.1,190/- and insisted of that she be refunded the entire amount of Rs.4.114/- paid by her through her ICICI Bank Gold Card. Though she was not entitled to the entire refund, as the ticket was confirmed according to Jetlite, the opposite parties agreed to refund the entire sum of Rs.4,114/- to amicably settle the matter. Looking at the alleged magnitude of the loss of business of the complainant, it is the submission of the opposite parties that complainant could have traveled by paying extra as stated by the authorities of Jetlite or through any other flight which were available in short duration. In view of the aforesaid it is the whole intention of the complainant on preferring this complaint is to make disproportionate gains by blowing up a minor clerical error out of proportion for which the opposite parties were prepared to offer more than sufficient relief. It may be noted from the various e-mails of the complainant, the complainant has all throughout used threatening language in her written communications and tried to sue us by claiming a fortune for the inadvertent error, which was duly admitted, apologized for and a more practical and workable offer made to her for the difficulty faced by her with regard to the tickets for Bangalore-Delhi-Bangalore Sector. In view of all these reasons stated above, the opposite parties have prayed to dismiss the complaint.<br /> 3. Both the parties filed affidavit evidence. Arguments of the complainant in person and the learned counsel for the opposite parties are heard. <br /> 4. The points for consideration are:- <br /> 1) Whether there was any deficiency in service on the <br /> part of the opposite parties?<br /> 2) Whether the complainant is entitled for <br /> compensation for mental agony, tension and inconvenience?<br /> <br /> REASONS<br /> <br /> 5. It is an admitted case of the parties that, the complainant booked e-ticket online for Bangalore-Delhi-Bangalore sector through credit card. The date of journey was 14th November-2007. Complainant had booked another ticket for her son for Bangalore-Delhi sector on 8th November-2007. The total amount paid by the complainant for three tickets was Rs.11,438/-. As regards these facts there is no dispute. The opposite parties in the defence version have clearly admitted that due to clerical error, the concerned executive failed to generate e-ticket. It is also admitted by the opposite party that the confirmed booking got cancelled due to clerical error. On 14th November-2007 when the complainant reached the Airport to leave for Delhi she was surprised to find that her PNR was cancelled. The opposite parties have submitted in the version that they have apologized the complainant and as a goodwill gesture, the complainant was offered four fully paid return tickets on any airline on her choice valid for travel between any two domestic sectors. The opposite parties have also submitted that they have offered an additional three nights/4 fully free holiday package anywhere within India, which was in addition to the earlier offer of four fully paid return tickets on any airline of her choice valid for travel between any two domestic sectors. The opposite parties admitted the error and apologized for that and they have offered some benefits, but the complainant refused to accept the offer made by the opposite parties and she has filed complaint before this Forum claiming damages of Rs.19,88,000/-. The complainant has also claimed refund of Rs.11,438/-. But as regards this refund is concerned, the opposite parties had already refunded the amount. Therefore, the request of the complainant for refund of the amount paid by her has been satisfied. The only point for consideration is what would be the just, fair and reasonable compensation that could be awarded to the complainant. The complainant is running an education consultancy firm, guiding students for foreign education. The promoters have to travel lot to various parts of India and counsel the students. It is the case of the complainant that each visit is extremely important. The complainant was supposed to go to panchkula to attend seminar on 19th November-2007. She has stated that, she had to address at least 10 students for admissions. She has stated that she has spent more than Rs.1,00,000/- for advertisement, travel, publicity, material communication etc., to develop North India market. It is the case of the complainant that due to cancellation of ticket by the opposite party airlines caused her and her company financial loss. She has stated that it is a clear case of cheating. She had canceled all her appointments in Delhi, Haryana and Punjab and her entire schedule has got upset for the next two months. Therefore, the complainant has sought compensation for monitory loss. No doubt due to the cancellation of ticket the complainant suffered mental agony, tension and inconvenience. For that she requires to be suitably compensated. As regards the financial loss claimed by the complainant there is absolutely no legal and acceptable evidence. The complainant has not produced legal evidence to substantiate her case that she was put to financial loss to the tune of Rs. 35,00,000/- on account of the cancellation of air ticket to reach Delhi from Bangalore on 14th November-2007. The complainant had various other alternatives to travel to Delhi on 14th November-2007. The opposite parties have given the list of flights operating on Bangalore-Delhi sectors in the defence version. There were eleven flights operating from Bangalore-Delhi. Therefore, the complainant could have opted for any one of the flight and traveled to Delhi to attend her work. The complainant has not taken any steps to mitigate the damages. The complainant could have taken all reasonable steps to mitigate the loss consequent on the breach of contract. The burden is on the complainant who has proved the breach of contract, to further establish that she has taken all reasonable steps to mitigate the loss consequent on the breach of contract. But in this case then complainant had sought a very unreasonable and exorbitant damages from the opposite party. She has not taken any steps to mitigate the damages. No doubt it is an admitted case of the opposite party that there was an error on the part of the opposite party in canceling the PNR and for that the opposite party apologized and had given offers four fully paid return tickets at any airline and three nights/four days free holiday package anywhere within India, but all these offers were refused by the complainant. However, the complainant can be suitably and promptly compensated by granting monitory compensation for the inconvenience, tension, mental agony due to the cancellation of her air ticket. No doubt the complainant may be education consultant, guiding students for foreign education this does not mean that she had suffered financial loss of Rs.35,00,000/- on account of the cancellation of her air ticket to travel from Bangalore-Delhi on 14th November-2007. The complainant absolutely has not produced any acceptable and legal evidence or documents to show that she was put to financial loss. Consumer Protection Act no doubt is a social enactment intended to protect better interest of the consumers. The consumers are not entitled to get monitory benefit under the Act, which they have not suffered. Before claiming monitory loss or compensation the complainants have to establish actual loss suffered by them on account of the deficiency in service on the part of the opposite party. In this case, there is no legal or acceptable evidence whatsoever to show that the complainant was put to monitory loss due to cancellation of the air ticket. The opposite party having admitted their error and mistake and they had also offered some concession as a goodwill gesture. In view of this admission it is clear that there was a deficiency in service on the part of the opposite parties. Therefore, the complainant was made to suffer mentally and emotionally. Her program was upset. She was shocked to hear the cancellation of the ticket at the lost moment when she reached the Airport. Therefore, for the mental agony, tension and inconvenience caused to the complainant the opposite parties shall be directed to pay compensation of Rs.1,50,000/- to the complainant. I feel this amount may meet the ends of justice. In the result, I proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is partly allowed. The opposite parties are directed to pay compensation of Rs.1,50,000/- to the complainant within 45 days from the date of this order. If the opposite parties fails to comply the order within 45 days, in that event the compensation amount carries interest at 10% p.a from the date of this order till payment/realization. The complainant is also entitled to Rs. 5,000/- as costs of the present proceedings. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 12TH DAY OF JUNE 2008. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />