Present: Sh. Ashu Mittal, Advocate, Counsel for the complainant.

Sh. Vipan Tayal, Advocate, Counsel for OPs.

The complainant has filed the present complaint against the OPs for not refunding amount of Rs.5777/- along with interest and for compensation. Briefly stated facts of the complaint is that the complainant is resident of Kotkapura, he had to go to Banglore from Delhi on 16.11.2015 and for this purpose he booked ticket of OP airlines online from Kotkapura on 17.09.2015 and paid Rs.5777/- through debit card which are duly debited from his bank account and paid to OPs but the print of the ticket did not take out due to Session Times Out, on it he contacted the OPs on their Customer Center and they told to him for processing of refund of the amount and also sent e-mail with this regard. Complainant submitted all the documents which are required to OPs for refund of his amount and OPs sent e-mail to complainant regarding wait for some time but later on they did not respond. The complainant again sent e-mail to OPs who feel sorry for delay and promise to refund this amount within 10 days but this amount did not refund till today which amounts to deficiency in service and trade mal practice. Due to these acts of the OPs complainant suffered harassment and mental agony and had to pay Rs.6757/- instead of Rs.5777/- for booking of air ticket again as such he spent Rs.980/- extra. He prayed that the OPs may be directed to refund this amount along with interest and compensation.

Notice of this complaint was sent to OPs and on notice they appeared in this Forum and filed application for dismissal of the complaint. In their application they submitted that they have already made refund of Rs.5777/- to complainant and the refund is duly been processed and credited in the account of the complainant along with application they attached the snapshot of refund confirmation and pleaded that now there is no pending cause of action against the Ops and present complaint may be dismissed.

Notice of this application was given to the complainant who suffered statement that they received refund of Rs.5777/- from OPs during the pendency of this complaint and they claim Rs.980/- which was spent by them more due to cancellation of ticket by OPs and also claim compensation for harassment and mental agony and litigation expenses.

We have gone through the file along with the complaint, the complainant submitted the copies of e-mail sent by him to OPs for refund of his amount of Rs.5777/- and also e-mail sent by OPs in reply to the e-mails of complainant in which they admitted that they received payment of Rs.5777/- on 17.09.2015 from complainant as price of air ticket from Delhi to Banglore and they also admitted that the transaction could not completed due to session time out and promise to refund the amount received by them to complainant but they did not refund this amount and only refund the amount after filing of this complaint. The Ops were not entitled to retain this amount with them for this such a long period which amounts to deficiency in service and trade mal practice on the part of the OPs. The OPs themselves admitted the case of the complainant. Hence the complaint in hand is hereby allowed. However, the OPs refunded the amount of Rs.5777/- received by them from complainant to him but the complainant is entitled to get interest on this amount for delayed payment and compensation for harassment mental tension and agony suffered by him due to non payment of this amount by OPs to him. So in these circumstances, the Ops are ordered to pay Rs.2000/- as interest and compensation for mental agony is lumpsum and Rs.1000/- as litigation expenses. Copy of this order be supplied to the parties as per Rules. File be consigned to records after due compliance.

                        Member Member President/22.03.2016