<br /> COMPLAINT FILED: 30.04.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 31st JULY 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> COMPLAINT NO.1060/2008<br /> <br /> <br /> COMPLAINANT Archana Shah,<br /> # 403, 43rd Cross,<br /> Jayanagar 8th Block,<br /> Bangalore – 560082.<br /> KARNATAKA.<br /> <br /> <br /> <br /> V/s.<br /> <br /> <br /> <br /> OPPOSITE PARTY Ezeegol Travels and Tours Private Limited.,<br /> Shop No.1, Kiran Kunj,<br /> 24th Road, Khar West,<br /> Mumbai – 400052.<br /> (MAHARASHTRA)<br /> <br /> Advocate – Sri.C.M.Poonacha.<br /> <br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.2,00,000/- and for such other relief’s on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant booked a flight ticket through OP website so as to travel from Mumbai to Delhi on 20.09.2007. Though ticket booking had failed and no PNR number was generated but still she was charged with ticket price on her credit card to the tune of Rs.2,375/-. Immediately she called upon OP office at Mumbai for several times to issue PNR number and confirmation of the ticket but it went in vain. There was no proper response from the OP. Thereafter she sought for the cancellation of her ticket on 06.12.2007 and so also sought for the refund of the ticket cost, again it went in vain. The repeated requests and demands made by her by making calls and sending SMS, mails went in futile. Thus she felt deficiency in service on the part of the OP. For no fault of her she is made to suffer both mental agony and financial loss. Under the circumstances she is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP this Forum has no jurisdiction to entertain this complaint. OP do not have any office or branch within the Territorial Jurisdiction of this Forum nor any part of cause of action aroused to the complainant to file this complaint before this Forum. Hence the complainant is hit by sec.11 of the C.P Act. As admitted by the complainant herself she booked the ticket at Mumbai and she was to take journey from Mumbai to Delhi on 21.09.2007 through GoAir Airlines. As this Forum has no jurisdiction to entertain the present complaint it may be returned to the complainant to be presented before the appropriate Forum. It is further contended that due to heavy rush in booking of the ticket sometime the system may show an error report. In the present case after confirming the availability of the Airlines on the date and time of travel the customer was taken to the payment section. Unfortunately system error occurred due to which her booking failed. Soon after OP rectified the said mistake and sent the PNR number and confirmation of the ticket on early morning hours of 4.15 a.m on 21.09.2007. So there is no deficiency in service on the part of the OP. Complainant purchased the said ticket under some scheme and that scheme had a validity only up to 14th November 2007. Complainant has not utilized the said free ticket scheme till then. Her request for cancellation of the ticket came on 06.12.2007. Subsequently there too also complainant availed the services of the OP by booking the ticket under another offer “Ek Pe Do Offer”. The other allegations made in the complaint are untenable. Among these grounds OP contended that there is no deficiency in service on their part, hence prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether this Forum has got the <br /> Territorial Jurisdiction to entertain <br /> this complaint as contemplated <br /> U/s.11 of the C.P Act.<br /> <br /> Point No. 2 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> <br /> <br /> Point No.1:- In Negative<br /> Point No.2:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. Admittedly complainant availed the services of the OP to book the ticket so as to travel from Mumbai to Delhi on 21.09.2007. The booking is made at OP office at Bombay on 20.09.2007. It is the grievance of the complainant that the ticket booking has failed, no PNR number was generated but still she was charged with the ticket price on her credit card. That is why she contacted the OP to refund the cost but it went in vain.<br /> <br /> 7. It is specifically contended by the OP that this Forum has no jurisdiction to entertain this complaint because OP do not have any office or branch within the Territorial Jurisdiction of this Forum and so also no cause of action at least part of cause of action aroused to the complainant to file this complaint before this Forum. We find there is a substance in the defence set out by the OP. Admittedly complainant booked the ticket at Bombay she wanted to travel from Bombay to Delhi and whole transactions has taken place at Bombay. No such whole or part of cause of action accrued to the complainant so as to file this complaint before this Forum.<br /> <br /> 8. Without going to the merits and demerits of the case we are of the opinion that complaint is bad for want of Territorial Jurisdiction as contemplated under sec.11 of the C.P Act. Hence we find it is a fit case to return the complaint to be presented before the competent Forum having the Territorial Jurisdiction to deal with the dispute on hand. With these reasons we answer point Nos.1 & 2 accordingly and proceed to pass the following: <br /> <br /> <br /> <br /> O R D E R<br /> <br /> The complaint is returned to the complainant to present the same before the competent jurisdictional Forum to redress her grievance if so advised. In view of the nature of dispute no order as to costs. Return the complaint with annexures under due acknowledgement immediately.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 31st day of July 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br />