BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 46/2012 Filed on 04.02.2012
Dated : 16.07.2012
Complainant :
Bhushan Pal Singh, Scientist/Engineer, COM/CNG/AVN, VRC, VELI, Vikram Sarabhai Space Centre (VSSC), Indian Space Research Organization (ISRO), Thiruvananthapuram.
(Party in person)
Opposite party :
Golbibo, Vatika Towers, Ground floor, Block-A, DLF Golf Course Road, Sector-54, Gurgaon-122 002, Haryana (India)
This O.P having been heard on 30.06.2012, the Forum on 16.07.2012 delivered the following:
ORDER
SMT. BEENAKUMARI.A: MEMBER
The case of the complainant is as follows: The return journey ticket was booked without confirming onward journey ticket without asking for any confirmation or intimating the applicant about the same, by the opposite party. Complainant called several times to confirm the status and finally was told that ticket is not booked due to unavailability of tickets with the airlines. The full amount charged for onward journey Rs. 3,834/- was not refunded automatically. After repeated calls, partial refund of Rs. 3,092/- was credited on 10.12.2011 (after 15 days). Thereafter the complainant several times contacted and requested the opposite party to refund the balance amount of Rs. 742/- to his account. But all the requests of the complainant were in vein. Hence this complaint.
The opposite party not accepted notice of this complaint issued from this Forum, even though the address furnished by the complainant is the correct address shown in their communication. Hence the opposite party remained ex-parte. Complainant has filed proof affidavit and from his side 5 documents were marked as Exts. P1 to P5.
The issues for consideration are:-
Whether there is deficiency in service from the side of opposite party?
Whether the complainant is entitled to get the reliefs and costs.
Points (i) & (ii):- Complainant in this case is working as a scientist in VSSC. He had entrusted the opposite party to book to and fro tickets i.e; from Trivandrum to Delhi and from Delhi to Trivandrum on 26.11.2011 and paid an amount of Rs. 7,641/-. Ext. P4 is the evidence for that payment. The opposite party booked ticket for Delhi to Trivandrum but Trivandrum to Delhi ticket was not booked for the reason that 'unavailability of tickets with the airlines'. Therefore the complainant himself had booked the ticket and demanded refund of the amount Rs. 3,834/- from the opposite party. But the opposite party had refunded only Rs. 3,092/-. The complainant sent several mails and maephone calls to the opposite party for the balance amount of Rs. 742/-. But they did not turn up to refund the amount even though they have made assurance for several times. To prove his contention, complainant has filed proof affidavit and from his side 5 documents were marked as Exts. P1 to P5. Through the documents and pleadings the complainant has successfully established his case. We find that the complainant is entitled to get the balance amount of Rs. 742/- from the opposite party and he is entitled to get compensation also from the opposite party. In the affidavit, complainant has stated that on 23.06.2012 the amount was credited into the account of the complainant by the opposite party. The opposite party has refunded the amount only after the filing of this complaint. If the amount was refunded in time, complainant would not have been forced to file this complaint. But now due to the delay caused solely due to the negligence and deficiency in service on the part of the opposite party, the complainant has been made to undergo untold sufferings. The complainant has been monetarily and mentally harassed by the opposite party. Hence the complaint is allowed.
In the result, the opposite party is directed to pay Rs. 5,000/- as compensation and costs to the complainant. Time for compliance one month from the date of receipt of the order failing which the entire amount shall carry interest @ 12%.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 16th day of July 2012.
Sd/- BEENAKUMARI. A : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
S.K. SREELA : MEMBER
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C.C. No. 46/2012
APPENDIX
I COMPLAINANT'S WITNESS :
NIL
II COMPLAINANT'S DOCUMENTS :
P1 - Copy of e-mail dated 14.12.2011.
P2 - Copy of e-mail sent by complainant to O.P dated 19.06.2012
P3 - Copy of e-mail sent by O.P to complainant dated 19.06.2012
P4 - Copy of return ticket mentioning total amount.
P5 - Copy of credit card statement dated 12.12.2011.
III OPPOSITE PARTY'S WITNESS :
NIL
IV OPPOSITE PARTY'S DOCUMENTS :
NIL
Sd/-
PRESIDENT
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