DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 34 of 4.2.2021

                                      Decided on:         6.11.2024

Dalwinder Kaur aged 50 years wife of Kirpal Singh aged 52 years son of Sh.Bagicha Singh, resident of House No.S/128, Street No.13, Bhakra Enclave, Village Mallomajra, Sangrur Road, Patiala.

                                                                   …………...Complainant

                                      Versus

Guru Kirpa Travel, Aggarwal House, Opposite Bus Stand, Patiala Phone No.0175-5004660, 2970497, through its Prop. Aggarwal, resident of Aggarwal House, Patiala.

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      Sh.Balwant Singh Rose, counsel for complainant.

                                      Sh.Rakesh Kumar, authorized representative of the OP.       

 ORDER

                                      PUSHVINDER SINGH, PRESIDENT

1. The instant complaint is filed by Dalwinder Kaur  (hereinafter referred to as the complainant) against Guru Kirpa Travel (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred in the complaint that the complainant and her husband Kirpal Singh booked two tickets  for Toronto(Canada) through the OP, for a consideration of Rs.1,07,071/- each on 5.3.2020, processing fee of  which was Rs.5000/-as asked by the OP and as such the complainant and her husband deposited Rs.1,12,000/-each with the OP in cash.
3. It is averred that due to Covid-19 all the airlines were stopped as per notification dated 23.3.2020 of Central Govt. of India, as a result of which the complainant and her husband requested for the cancellation of the aforesaid tickets, which was accepted by the concerned airline and refunded the amount of Rs.1,07,071/-each in the account of the OP. Thereafter the complainant and husband requested the OP  to refund the balance amount but the OP refunded Rs.1,74,000/-only vide cheque No.461274 dated 21.9.2020 from the total amount of Rs.2,24,000/- and withheld the amount of Rs.25000/-each of the complainant and her husband Kirpal Singh. The complainant and her husband requested the OP to refund the remaining amount but in the month of December,2020 the OP flatly  refused  to refund the remaining amount of Rs.25000/-each i.e. to the complainant and her husband. Then the complainant and her husband sent legal notices dated  24.12.2020 to the OP  for the refund of the remaining amount but the OP did not refund the remaining amount of Rs.25000/-each and sent false reply to the legal notice dated 24.12.2020. There is thus unfair trade practice and deficiency in service on the part of the OP which caused mental and physical harassment to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OP to refund the sum of Rs.25000/- to the complainant alongwith interest @24% per annum from the date of its disbursement till realization and also to pay Rs.25000/-as compensation for causing mental agony and harassment alongwith Rs.11000/-as litigation expenses.
4. Upon notice OP appeared through its authorized representative and filed written statement having contested the complaint by raising preliminary objections that the complainant has not come to this Hon’ble Commission with clean hands; that the OP has no dealing with Delta Airlines of Mumbai. It is averred that husband of the complainant Kirpal Singh got booked two air tickets one for himself and other for his wife Dalwinder Kaur i.e. complainant and paid the amount of the same  as explained in the written reply dated 2.6.2021 to the complaint bearing No.35 of 2001 filed by husband of the complainant. It is further alleged that the husband of the complainant has received full and final payment after cancellation of the air tickets in his own name  and in the name of his wife Dalwinder Kaur i.e. complainant
5. On merits, it is admitted that husband of the complainant booked two air tickets for himself and for his wife Dalwinder Kaur complainant. The other facts   i.e. Kirpal Singh husband of the complainant paid a sum of Rs.1,00,000/- in cash on 5.3.2020 and thereafter he paid Rs.80,000/- in cash on 17.3.2020 and that the total price of the tickets was Rs.2,12,722/- as OP was having  good relations with the complainant and her husband the difference between Rs.1,80,000/- and Rs.2,12,722/- was paid by the OP; that due to Covid -19 all the airlines were stopped and air tickets were cancelled by the husband of the complainant and on receipt of the refund cheque for Rs.1,74,000/- and a sum of Rs.5000/-in cash (i.e. Rs.1,79,000/-) was paid to the husband of the complainant against the sum of Rs.1,80,000/- and  receipt with regard to full and final payment was given by the husband of the complainant as has been explained in complaint No.35 of 4.2.2021 filed by Kirpal Singh, husband of the complainant. It is averred that there is no deficiency in service or unfair trade practice on the part of the OP and that the OP is entitled to a sum of Rs.4000/- approximately as interest on the amount of Rs.32,722/- which the OP has paid to the airlines for and on behalf of the complainant and her husband . After denying all other averments, the OP has prayed for the dismissal of the complaint.
6. In evidence, ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents i.e. Ex.C1 copy of booking reference of ticket, Ex.C2 copy of refund application,Ex.C3 copy of cheque,Ex.C4 copy of legal notice, Ex.C5 postal receipt,Ex.C6 copy of reply to notice and closed the evidence.
7. On the other hand, the authorized representative of the OP has tendered in evidence Ex.OPA affidavit of Varun Aggarwal, Prop.  alongwith document, Ex.OP1 copy of receipt of full and final payment and closed the evidence.
8. Written arguments on behalf of the complainant filed. We have gone through the same, heard the ld. counsel for the complainant and the representative of the opposite party.
9. Admittedly the complainant and her husband Kirpal Singh got booked two air tickets to go to Toronto (Canada) for an amount of Rs.1,07,071/- each on 5.3.2020 and two air tickets were issued in their names but due to Covid-19 all air lines were stopped as per notification dated 23.3.2020 of Central Govt. of India so their tickets were cancelled and entire amount of tickets was to be refunded to the complainant and her husband. The complainant has alleged that the OP refunded only Rs.1,74000/- vide cheque dated 21.9.2020 out of total amount of Rs.2,24,000/- and with held amount of Rs.25000/-each of complainant and her husband and the complainant has as such prayed for the claim of the said amount of Rs.25000/-from the OP alongwith interest and also claimed compensation.
10. The OP has alleged that entire amount was refunded to the husband of the complainant. The OP has also alleged that husband of the complainant had paid an amount of Rs.1,80,000/- only out of Rs.2,12,722/- and in the good faith the tickets were got issued for Rs.2,12,722/- and said amount was refunded by the airlines to the OP out of which the amount actually paid by the husband of the complainant was returned to him. The OP has also stated that the amount of Rs.32722/- was paid by the OP on behalf of the complainant which was returned to him by the Airline after six months so the OP is entitled to recover interest on the said amount of Rs.32,722/- for the period of 6 months from the complainant. The OP has ultimately prayed that entire amount paid by the husband of the complainant was refunded to him and nothing is due towards the OP and in this regard husband of the complainant, Kirpal Singh signed a receipt regarding receipt of full and final payment after cancellation of tickets and said receipt has been proved as Ex.OP1 on the file.
11. The complainant has claimed that only amount of Rs.1,74,000/- was returned to her husband and remaining amount is due towards the OP but OP has produced receipt as Ex.OP1 on the file to prove that the entire amount was refunded to the husband of the complainant.
12. From perusal of receipt Ex.OP1 we find that it has been categorically stated in the receipt duly signed by Kirpal Singh, husband of the complainant that he has received full and final payment after cancellation of tickets in his name and in the name of his wife Dalwinder Kaur. We do not find anything on the file to gather the impression that how this receipt of full and final payment has been signed by the husband of the complainant if he had not received the entire amount from the OP. The ld. counsel for the complainant failed to point out any reason to discard this receipt,Ex.OP1.
13. Accordingly in all these circumstances, we find that if the husband of the complainant Kirpal Singh had not received entire amount, he should not have signed the receipt of full and final payment and the receipt signed by him clearly shows that the entire amount was received by Kirpal Singh from the OP after cancellation of ticket in his name and in the name of his wife Dalwinder Kaur. So we do not find any merit in the complaint and the same is hereby dismissed. No order as to costs.
14. Certified copies of this order be sent to the parties under the rules.   
15. The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                           PUSHVINDER SINGH

                                              Member                          President