DATE OF DISPOSAL: 12.07.2023
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT:
The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and unfair trade practice by the Opposite Parties (in short O.Ps) and for redressal of his grievance before this Commission.
2. The complainant prayed to refund amount of Rs.4173/- by Go Indigo on 6th May 2021 towards cancellation of flight ticket vide PNR: SRILYH to the travel agent (Party No.2) not yet paid to him. The complainant has paid amounting of Rs.4173/- to the OP no.1 on 17.04.2021 through his credit card of ICICI Bank vide Card No.;3747 xxxx xxxx 004.
3. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version in the stipulated time period as per C.P.Act, 2019.
4. To substantiate his case the complainant has filed affidavit in support of his case.
5. On the date of hearing of the case, we heard from the complainant and perused the case record and the materials placed on it. The complainant is a senior citizen and he did not receive the cancellation flight ticket on 6th May 2021 amounting of Rs.4173/- from the O.P No. 1 & 2 till date. The complainant further submitted that, the Opposite Party No.3 has already refunded the booking amount to the opposite party no.2. The complainant except submitted an emails dtd:31.08.2022 & 07.10.2021 of the opposite party no.3 & 1 respectively no other such documents have been filed showing refund of the booking amount.
6. We have also thoughtfully considered the submissions made before us by the complainant. It is pertinent to mention here that though opportunity was given to the O.Ps to defend the case but they failed to do so. As such taking the sole testimony of the complainant into consideration it is presumed that the complainant’s contention is true.
7. On foregoing discussion it is crystal clear that the Ops are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the O.Ps.
In the result we direct the O.Ps who are jointly and severally are liable to refund amount of Rs.4173/- together with Rs.5000/- towards compensation to the complainant within 45 days from receipt of this order. Further the O.Ps are also directed to pay Rs.1,000/- towards litigation cost within the above stipulated period failing which all the dues shall carry 12% interests per annum till its actual date of realisation and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues.
This case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 12.07.2023
