STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

(Appeal No.269 of 2010)

                                                                   Date of Institution: 05.08.2010

                                                                   Date of Decision  : 18.11.2010

M/s Hargobind Travels, SCO No.94-95, Sector 34-A, Chandigarh through its Proprietor Sh. Gurdeep Singh.

……Appellant/OP No.1.

V e r s u s

 Sh. Gurmeet Singh S/o Sh. Ajmer Singh R/o Village Tarkhan Majra, Post Office Sirhind, Distt. Fatehgarh Sahib (Pb.).

              ....Respondent/Complainant.

BEFORE:            MRS.  NEENA  SANDHU, MEMBER

                        S.  JAGROOP  SINGH  MAHAL,  MEMBER.

Argued by:          Sh. Ajit Singh, Advocate for the appellant.

                        Sh. Inder Singh, Advocate for the respondent.

PER  JAGROOP  SINGH  MAHAL,  MEMBER.

1.                     This is an appeal under section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as the C. P. Act) against the order dated 11.6.2010, passed by the learned District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (hereinafter referred to as District Forum), directing the OPs to pay jointly and severally Rs.37,500/- spent by him on the purchase of fresh air ticket, Rs.10,000/- as compensation for harassment suffered due to the deficient act and Rs.5,000/- as costs of litigation. The entire amount of Rs.47,500/- was to be paid within 45 days from the date of receipt of copy of the order failing which the OPs were to pay it jointly and severally along with interest @12% pre annum from the date of filing the complaint till the date of actual payment.

2.                     According to the complainant, on 16.1.2008, he purchased an air ticket from OP/appellant for his journey from Delhi to Athens and back. The ticket was valid for six months i.e. from 24.1.2008 to 23.7.2008. While in Athens, he contacted the office of OP No.2 for confirmation of seat for 5.2.2008 but did not receive any response. He then contacted OPs No.1 and 2 for the confirmation of return ticket but they also did not give any reply and the complainant, therefore, had to purchase on 25.6.2008 another ticket for his journey from Jorden Airlines for his return journey from Athens to Delhi by spending Rs.37,500/- approximately. On his arrival in India, he informed the OP/appellant and requested for refund of the ticket and for compensation. He also wrote a letter, to which a reply was received from OP No.2 and they offered to re-protect the ticket on penalty of Rs.3,000/- because of date change and ultimately, the complainant filed the present complaint.

3.                     A notice was issued to the OP/appellant for 27.11.2009 but it refused to accept the service and was, therefore, proceeded against exparte. OPs No.2 and 3 were reported to have shifted their office from the given address and were served by publication in Daily Desh Sewak for 28.5.2010. None appeared for them and they were also proceeded against exparte.

4.                     An opportunity was given to the complainant to produce evidence in support of his contention.

5.                     After hearing arguments of learned counsel for the complainant and perusing the record, the complaint was allowed in terms as mentioned in the opening para of the order, which has been challenged by OP No.1 through this appeal.

6.                     We have heard the arguments of learned counsel for the parties and have perused the record.

7.                     The complainant has produced Annexure C-2, which is the ticket issued by the OPs in his favour. It shows that he was to perform the journey on 5.2.2008 and his seat was confirmed. There is no such allegation in the complaint if the complainant came to the Airport to board the plane or if he was not permitted to travel. In fact, the record shows, he was not willing to travel on 5.2.2008 and did not bother to see that he had a confirmed ticket for that date. His contention is that he had contacted the OPs to enquire about the confirmation of his seat but in view of the fact that the seat was confirmed, he was not required to make any such enquiries. Otherwise also, the complainant has not produced any document or evidence to suggest if he made any enquiry from any of the OPs for the seat confirmation. It is not his case if he traveled to India on 5.2.2008 itself by some other flight. In fact, he was to over stay in Athens and thought of coming back to India on 25.6.2008. Since, he had already missed the flight on 5.2.2008, he, therefore, could not have been accommodated by the OPs on their flight dated 25.6.2008.

8.                     Annexure C-3 is the copy of e-mail dated 25.6.2008 issued by OP No.1 to the effect that a relative of the complainant told them that the complainant has not used his return ticket for return journey and was asking for compensation. The OP/appellant requested OP No.3 to check the matter and do the needful. The OP/appellant was informed vide Annexure C-6 that the ticket could be re-protected on penalty of INR 3000. However, no such amount was paid on the ground that by that date, he complainant had already reached India. If this reply was received late, there was no default of the OPs because OP No.3 was requested only on 25.6.2008 and not prior to that.

9.                     The complainant then wrote a letter (Annexure C-4) to OP/appellant for the refund of the money and thereafter, served a notice (Annexure C-7) by distorting the facts and putting the blame on the OPs instead of owning his own fault. The mere fact that the OPs were exparte did not warrant the allowing of the complaint without going through the material to prove the contention. None of the facts mentioned by the complainant in his complaint were correct and therefore, on its basis, the complaint could not have been allowed by the learned District Forum. It appears, the mere proceedings of exparte against the OP was taken to be a ground not to examine the complaint on merits and to allow the same without any proof.

10.                   The complainant has not mentioned in the complaint as to on which date, it contacted the OPs for confirmation of the ticket for 5.2.2008. There is no document produced by the complainant as to on which date, he traveled back to India. He claims to have purchased a ticket of Jordan Airlines but no such ticket was produced. It claims to have spent approximately Rs.37,500/- on the purchase of the ticket but again, no receipt in this respect was produced to prove that he had spent this amount. In order to grant the relief of Rs.37,500/-, it was necessary for the complainant to produce evidence to prove that he had spent this amount. The learned District Forum, therefore, granted the relief of Rs.37,500/- without there being any evidence on record to prove the same.

11.                   In view of the above discussion, we are of the opinion that there is no deficiency in service on the part of OPs. It is a false and frivolous complaint filed by the complainant to extract money from the OPs. The complaint was, therefore, liable to be dismissed. The appeal is accordingly allowed with costs and the complaint is dismissed. The appellant would be entitled to litigation costs of Rs.5,000/-.

12.                   The complainant may approach the OPs for refund of the amount, which request would be considered by the OPs and if any amount is refundable under their rules and regulations, the same may be refunded to him in due course.

13.                   Copies of this order be sent to the parties free of charge.

Pronounced.

18^th November 2010.

Sd/-

[NEENA SANDHU]

MEMBER

Sd/-

[JAGROOP SINGH MAHAL]

MEMBER

Ad/-

STATE COMMISSION

(Appeal No.269 of 2010)

Argued by:          Sh. Ajit Singh, Advocate for the appellant.

                        Sh. Inder Singh, Advocate for the respondent.

Dated the 18^th day of November, 2010.

ORDER

                        Vide our detailed order of even date recorded separately, this appeal has been allowed with costs of Rs.5,000/-.

(JAGROOP SINGH MAHAL)                                 (NEENA SAHDHU)

                MEMBER                                                            MEMBER