Tamil Nadu

South Chennai

CC/271/2012

B. Siva Kollapan - Complainant(s)

Versus

India Railway Catering & Tourism Corporation (IRCTC) - Opp.Party(s)

Michael Marie Antony

01 Apr 2019

ORDER

                                                                        Date of Filing  : 09.11.2012

                                                                          Date of Order : 01.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER

 

C.C. No.271/2012

DATED THIS MONDAY THE 01^ST DAY OF APRIL 2019

                                 

1. B. Siva Kollapan,

S/o. (Late) K.J. Bharathi Mohan,

No.42 A, 3^rd Cross Street,

Karthikeyapuram,

Madipakkam,

Chennai – 600 091.      

 

2. Sanjay Kumar,

S/o. Mr. Shanmugam,

No.15/10, First Floor, Vikrama Complex,

4^th Street, Railway Colony,

Aminjikarai,

Chennai – 600 029.                                                      .. Complainants.                                         

 

               ..Versus..

1. Indian Railways Catering & Tourism Corporation (IRCTC),

Rep. by its Zonal Manager,

South Zone Control Office,

No.6A, The Rain Tree Place,

#9 MC Nicholas Road,

Chetpet,

Chennai – 600 031.

 

2. Interglobe Aviation Limited,

Rep. by its Chairman and Managing Director,

Level 1, Tower C, Global Business Park,

Gurgaon – 122 002,

Haryana, India.                                             ..  Opposite parties.

 

Counsel for the complainants         : Mr. Micheal Marie Antony

Counsel for the 1^st opposite party  : M/s. V.R.G. Sureshkumar &

                                                           another

Counsel for the 2^nd opposite party : M/s. S. Ramasubramaniam &   

                                                           Associates

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties under section 12 of the Consumer Protection Act, 1986 pray to the difference of payment between the actual air fare paid by the 2^nd complainant towards the ‘on the spot’ air ticket for onward journey and the advance booking made on May 19, 2005 in respect of onward journey together with interest @ 12% p.a. till the date of actual payment, to refund the cancellation charges deducted towards the onward journey from Chennai to Delhi scheduled for June 07, 2012 together with interest @ 12% p.a. till the date of actual payment and to pay a sum of Rs.1,00,000/- towards compensation for monetary loss, hardship, frustration and mental agony caused to the complainants with cost of Rs.5,000/-.

1.    The averments of the complaint in brief are as follows:-

The complainants submit that on 19.05.2012, the 1^st complainant booked 4 online tickets through IRCTC/ the 1^st opposite party for the onward journey of the complainant dated:07.06.2012 and return journey of them dated:08.06.2012 and paid a sum of Rs.22,626.80/-. The complainants submit that on 22.05.2012, due to a sudden change of schedule in the return trip the complainants cancelled the return journey tickets dated:08.06.2012 through online. The opposite parties also noted the request and cancelled the tickets.  The complainants submit that while taking the onward journey on 07.06.2012, to their shock and surprise, the opposite parties counter refused to issue boarding pass even after seeing the e-tickets stating that both tickets were already cancelled.  Hence, the complainants were compelled to take spot air tickets in the counter for the onward journey dated:07.06.2012 on payment of Rs.17,404/-.  Thereby, the complainants were put to great financial loss also. The complainants submit that the opposite parties admitted that the cancellation of onward ticket is due to inadvertence.   The complainants submit that for the cancellation of onward journey ticket, the opposite parties deducted some amount towards cancellation charges.    The complainants submit that for availing sport air tickets, the complainants paid a sum of Rs.17,404/- instead of Rs.11,313/-.  Hence, the complainants was compelled to spend a sum of Rs.6,091/-.  The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by 1^st opposite party is as follows:

The 1^st opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The complainant sent a request for cancellation of the return journey dated:08.06.2012 for 2 passengers on 22.05.2012 and the complainant was given a call by the call center to confirm his request.  Due to communication gap and inadvertently, the call center recorded request for cancellation of complete tickets against Airline PNR XG2DLB.  The 1^st opposite party states that Airlines issued one PNR for both limbs of journey and the whole ticket was cancelled inadvertently without any intention and under bonafide belief.   The 1^st opposite party states that the IRCTC system and Airlines systems work independently and the call centre send the request to concerned airlines for cancellation independently and manually.  Due to system failure, the same could not be updated and that is why the system did not show the second limb as cancelled.  The 1^st opposite party states that complete ticket was cancelled inadvertently.  The answering opposite party was not contacted the cancellation which was done inadvertently and under bonafide belief could have been rectified.   The 1^st opposite party states that complete journey booked against PNR No.XG2DLB was cancelled inadvertently and a sum of Rs.17,290/- was refunded to the complainant after deduction of normal cancellation charges of Rs.1,100/- per person.  The 1^st opposite party cancelled the ticket under bonafide belief and due to communication gap on telephonic conversation.  The 1^st opposite party states that the answering opposite party was not contacted, otherwise the complainant would not have had to face difficulty to undertake the journey and the cancellation which was done inadvertently and under bonafide belief which could have been rectified.  The answering opposite party has already credited a sum of Rs.17,290/- through the same gateway from which the amount was received.  However, the answering opposite party recalculated the refund amount and refunded an additional amount of Rs.2,200/- on 17.01.2013 towards wrong deduction of cancellation charges and the said amount also stand credited to the account of the complainant.  Therefore there is no deficiency in service on the part of the 1^st opposite party and hence, the complaint is liable to be dismissed.

3.      The brief averments in the written version filed by 2^nd opposite party is as follows:

The 2^nd opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The 2^nd opposite party state that the complainants has availed tickets for onward journey dated:07.06.2012 and return journey dated:08.06.2012.  On the request of the complainants for cancellation of retuned ticket due to inadvertence, this opposite party cancelled both onwards and return journey tickets and credited the amount in the complainant’s bank account as per Ex.A6 after deducting the cancellation charges.  The 2^nd opposite party states that on 07.06.2012, this opposite party has arranged ticket for onward journey on payment of Rs.17,404/-.  Thereby, there shall not be any such mental agony as alleged by the complainant.   Further the contention of the 2^nd opposite party is that a sum of Rs.17,290/- as per Ex.A6 was refunded towards cancellation of ticket after deducting a sum of Rs.1,100/- as cancellation charges per person.  Thereafter, this opposite party made a recalculation and refunded a sum of Rs.2,200/- on 17.01.2013 towards cancellation charges.   Thereby, there is no deficiency in service with regard to the payment of cancellation charges.  The 2^nd opposite party states that the claim towards the difference in amount related to spot air ticket and ticket booked on 19.05.2012 cannot be claimed for the simple reason.   The opposite party has paid the entire amount of air ticket after deducting the cancellation charges.   Therefore, there is no deficiency in service on the part of the 2^nd opposite party and hence the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the 2^nd opposite party is filed and documents Ex.B1 to Ex.B3 is marked on the side of the 2^nd opposite party.   Inspite of sufficient time is given the 1^st opposite party has not filed his proof affidavit to prove the contentions raised in the written version and hence it is concluded as ‘No Proof Affidavit’ on the side of the 1^st opposite party.

5.      The points for consideration is:-

1. Whether the complainants are entitled to the difference amount of the cancellation of airfare for the tickets dated:19.05.2012 & 07.06.2012 as prayed for?

2. Whether the complainants are entitled to a sum of Rs.1,00,000/-  towards compensation for mental agony with cost of Rs.5,000/- as prayed for?

6.      On point:-

The 1^st opposite party filed his written version and failed to file proof affidavit to prove the contentions raised in the written version.  The written arguments of the complainants and the 2^nd opposite party filed.  Heard both the Counsels also.   Perused the records namely the complaint, written version, proof affidavits and documents.  The complainants pleaded and contended that on 19.05.2012, the 1^st complainant booked 4 online tickets through IRCTC/ the 1^st opposite party for the onward journey of the complainant dated:07.06.2012 and return journey of them dated:08.06.2012 and paid a sum of Rs.22,626.80/- as per Ex.A1 is admitted.   Further the complainants contended that on 22.05.2012, due to a sudden change of schedule in the return trip the complainants cancelled the return journey tickets dated:08.06.2012 through online. The opposite parties also noted the request and cancelled the tickets as per Ex.A2.    Further the complainants contended that while taking the onward journey on 07.06.2012, to their shock and surprise, the opposite parties counter refused to issue boarding pass even after seeing the e-tickets stating that both tickets were already cancelled.   Hence, the complainants were constrained to take spot air tickets as per Ex.A3 in the counter for the onward journey dated:07.06.2012 on payment of Rs.17,404/-.  Thereby, the complainants were put to great financial loss also.   Further the complainants contended that the opposite parties admitted that the cancellation of onward ticket is due to inadvertence proves the gross negligence and deficiency in service.  Further the contention of the complainants is that for the cancellation of onward journey ticket, the opposite parties deducted some amount towards cancellation charges.  Equally, availing spot air tickets caused great financial stringency.   As per Ex.A2, the opposite parties refunded a sum of Rs.21,690/- towards cancellation of ticket after deducting cancellation charges instead of cancelling the return tickets  only.  Further the complainants contended that for availing spot air tickets, the complainants paid a sum of Rs.17,404/- instead of Rs.11,313/-.  Thereby, the complainants was constrained to spend a sum of Rs.6,091/- proves the deficiency in service. 

7.     The learned Counsel for the 2^nd opposite party would contend that admittedly, the complainants availed tickets for onward journey dated:07.06.2012 and return journey dated:08.06.2012.  On the request of the complainants for cancellation of retuned ticket due to inadvertence, this opposite party cancelled both onwards and return journey tickets and credited the amount in the opposite party bank account as per Ex.A6 after deducting the cancellation charges.  Further the contention of the 2^nd opposite party is that on 07.06.2012, this opposite party has arranged ticket for onward journey on payment of Rs.17,404/-.  Thereby, there shall not be any such mental agony as alleged by the complainant.   Further the contention of the 2^nd opposite party is that a sum of Rs.17,290/- as per Ex.A6 was refunded towards cancellation of ticket after deducting a sum of Rs.1,100/- as cancellation charges per person.  Thereafter, this opposite party made a recalculation and refunded a sum of Rs.2,200/- on 17.01.2013 towards cancellation charges.   Thereby, there is no deficiency in service with regard to the payment of cancellation charges.  Further the contention of the 2^nd opposite party is that the claim towards the difference in amount related to spot air ticket and ticket booked on 19.05.2012 cannot be claimed for the simple reason.   The opposite party has paid the entire amount of air ticket after deducting the cancellation charges.  But it is very clear that the complainants requested to cancel only the return journey tickets.   The 1^st opposite party inadvertently cancelled both onwards and return journey ticket.  Thereby, the complainants are constrained to pay an additional sum of Rs.6,091/- proves the deficiency in service.  Further the contention of the 2^nd opposite party is that the compensation is exorbitant.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties are directed to pay a sum of Rs.6,091/- with interest at the rate of 9% with a compensation of Rs.10,000/- and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.6,091/- (Rupees Six thousand and ninety one only) with interest at the rate of 9% p.a. from the date of complaint (i.e.) 09.11.2012 to till the date of this order (i.e.) 01.04.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	19.05.2012	Copy of E-ticket / Online Air ticket booked by the 1st complainant through the 1st opposite party
Ex.A2		Copy of electronic reservation slip of the 1st opposite party indicating cancellation of return journey from Delhi to Chennai on 08.06.2012
Ex.A3	07.06.2012	Copy of Spot Air Ticket from Chennai to Delhi
Ex.A4		Copy of e-mail transactions between the 1st complainant and IRCTC /1st opposite party
Ex.A5		Copy of e-mail transactions between the 1st complainant and Indigo Airlines /2nd opposite party
Ex.A6	05.07.2012	Copy of Credit Card Statement of Accounts of the 1st complainant showing credit of refunded air ticket

 

1^ST OPPOSITE PARTY SIDE DOCUMENTS:- ‘No Proof Affidavit’

2^ND OPPOSITE PARTY SIDE DOCUMENTS:-

Ex.B1	19.05.2012	Copy of reservation record
Ex.B2	19.05.2012	Copy of Booking history by the 1st opposite party
Ex.B3	25.05.2012	Copy of cancellation of booking by the 1st opposite party

 

 

 

MEMBER                                                                  PRESIDENT