Order No. 22 dt. 24/05/2018
The case of the complainant in brief is that the complainant was the holder of credit card issued by o.p. no.1. On or about Oct. 2014 o.p. no.1 through its Sales Representative approached the complainant with a proposal to upgrade the said credit card with Pinnacle Credit Card and the complainant was offered by o.p. no.1 that upon payment of Rs.50,000/- and service tax the complainant will be given gift vouchers for travel by Jet Airways or for spending of Genesis Gift. The complainant paid the amount of Rs.56,180/- to o.p. no.1 for opting vouchers of Jet Airways. On 7.11.14 o.p. no.1 issued 16 nos. of vouchers for Jet Airways and the same were valid within 31.3.15. Bookings for air travel against the said vouchers was to be made online. The complainant for the first time came to know that those vouchers were valid only for ‘V’ class tickets when he wanted to utilize those vouchers through Jet Airways he was informed by Jet Airways that ‘V’ class tickets were not available. In view of non-availability of tickets the complainant could not utilize those vouchers. The complainant thereafter requested the o.p. no.1 to change the said vouchers to Genesis Luxury Vouchers, but the same was not entertained. On the basis of the said fact the complainant filed this case against the o.ps. stating inter alia that the sum of Rs.56,180/- along with interest be refunded to the complainant along with compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. In their w/v o.p. nos.1 to 3 stated that as per the agreement signed by the complainant there was a clause in the said agreement that the bank deserves the right to deduct on the card account a reasonable service charges and any expenses the bank incurs including legal fees etc. the salient rules regarding the said free gift vouchers :- Seats under this offer are subject to availability of Jet Airways or for which the Indus Bank does not guarantee availability of seats under this offer. Tickets against free travel should be booked at least 7 days earlier to the travel date. The free tickets code is valid for six months for booking and travel. The complainant suppressed the materials fact of terms and conditions of the agreement and filed this case for which o.p. nos.1 to 3 prayed for dismissal of the case.
In their w/v o.p. no.4 stated that since the agreement was entered into between o.p. no.1 and the complainant, thereby o.p. no.4 cannot be held responsible for the non compliance of the condition undertook by o.p. no.1 to the complainant. Since the seats were not available, o.p. no.4 only informed the complainant and there was no relationship between the complainant and o.p. no.4, moreover, the complainant is not a consumer under o.p. no.4. On the basis of the said fact o.p. no.4 prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant availed the offer provided by o,.p. no.1?
- Whether as per the terms and conditions of the agreement o.p. no.1 failed to provide those facilities to the complainant?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant was the holder of credit card issued by o.p. no.1. On or about Oct. 2014 o.p. no.1 through its Sales Representative approached the complainant with a proposal to upgrade the said credit card with Pinnacle Credit Card and the complainant was offered by o.p. no.1 that upon payment of Rs.50,000/- and service tax the complainant will be given gift vouchers for travel by Jet Airways or for spending of Genesis Gift. The complainant paid the amount of Rs.56,180/- to o.p. no.1 for opting vouchers of Jet Airways. On 7.11.14 o.p. no.1 issued 16 nos. of vouchers for Jet Airways and the same were valid within 31.3.15. Bookings for air travel against the said vouchers was to be made online. The complainant for the first time came to know that those vouchers were valid only for ‘V’ class tickets when he wanted to utilize those vouchers through Jet Airways he was informed by Jet Airways that ‘V’ class tickets were not available. In view of non-availability of tickets the complainant could not utilize those vouchers. The complainant thereafter requested the o.p. no.1 to change the said vouchers to Genesis Luxury Vouchers, but the same was not entertained. On the basis of the said fact the complainant filed this case against the o.ps. stating inter alia that the sum of Rs.56,180/- along with interest be refunded to the complainant along with other reliefs.
Ld. lawyer for the o.p. nos.1 to 3 argued that as per the agreement signed by the complainant there was a clause in the said agreement that the bank deserves the right to deduct on the card account a reasonable service charges and any expenses the bank incurs including legal fees etc. the salient rules regarding the said free gift vouchers :- Seats under this offer are subject to availability of Jet Airways or for which the Indus Bank does not guarantee availability of seats under this offer. Tickets against free travel should be booked at least 7 days earlier to the travel date. The free tickets code is valid for six months for booking and travel. The complainant suppressed the materials fact of terms and conditions of the agreement and filed this case for which o.p. nos.1 to 3 prayed for dismissal of the case.
Ld. lawyer for the o.p. no.4 argued that since the agreement was entered into between o.p. no.1 and the complainant, thereby o.p. no.4 cannot be held responsible for the non compliance of the condition undertook by o.p. no.1 to the complainant. Since the seats were not available, o.p. no.4 only informed the complainant and there was no relationship between the complainant and o.p. no.4, moreover, the complainant is not a consumer under o.p. no.4. On the basis of the said fact o.p. no.4 prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant availed the credit card provided by o.p. no.1 and at the time of providing the said credit card the complainant was given some gift vouchers, but those vouchers were to be used by the complainant before 7 days of the date of journey. The free tickets are valid for six months subject to availability of seats provided by o.p. no.4. The complainant wanted to change the vouchers for getting the benefit of ‘V’ class air passage and wanted to have Genesis Luxury Vouchers and for providing the same no agreement was entered into between the complainant and o.p. no.1. The gift vouchers were provided to the complainant under certain terms and conditions of the agreement entered into between the parties. The complainant while found that he was not in a position to avail the vouchers he wanted to have the tickets from o.p. no.4 on the basis of the vouchers which the complainant ought to have enjoyed had to be changed as urged by the complainant cannot be accepted. Apart from the said fact, by availing of the facility of those vouchers for getting the air ticket for free journey the complainant should avail the same provided the seats are available in the Jet Airways. The complainant clean feed those points and only filed this case making false allegation that there was deficiency in service on the part of o.ps. From the materials on record we do not find any fault on the part of o.p. nos.4., on the contrary, we find that since the seats were not available those could not be provided to the complainant. Apart from the said fact, the complainant is not a consumer as per the C.P. Act under o.p. no.4, therefore by no stretch of imagination it can be said that there was any deficiency in service on the part of o.p. nos. 4. It appears from the record that the vouchers were provided to the complainant, but the complainant could not get the facilities of those vouchers and on the basis of inducement to the complainant by o.p. no.3 for providing the free air passage the complainant availed the credit card facility by paying an amount of Rs.56,180/-. Since o.p. no.1 by issuing the vouchers failed to provide the facilities as assured by o.p. nos.1 to 3, therefore we hold that there was deficiency in service on the part of o.p. nos.1 to 3 and thereby the complainant will be entitled to have the refund of the amount paid by him as well as compensation and litigation cost. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.2567/2016 is allowed contest with cost against the o.p. nos.1 to 3 and dismissed on contest without cost against the o.p. no.4. The o.p. nos.1 to 3 are jointly and/or severally directed to refund the amount of Rs.56,180/- (Rupees fifty six thousand one hundred eighty) only to the complainant along with compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
