KERALA STATE CONSUMER DISPUTES             REDRESSALCOMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO. 240/2009

JUDGMENT DATED. 31.01.2011

PRESENT:-

SMT. VALSALA SARANGADHARAN       :     MEMBER

SHRI.  M.V. VISWANATHAN                      :  JUDICIAL MEMBER

M.K. ABDULLA SONA                               :    MEMBER             

 APPELLANT

 The Akbar Travels of India Ltd.,

39/5653/B, Vallamattam Estate,

Ravipuram, Kochi-682015

Rep. by the Manager,

Tom Varghese.

                                     (Rep. by  Adv. Sri. P. Muraleedharan)

                                     Vs                          

 RESPONDENT

    K.P. Ebrahim,

    Karikkanakuzhiyil,

    Perumattom,

    Puthuppady P.O.,

    Muvattupuzha

                           (Rep. by Adv. Tom Joseph)

JUDGMENT DATED. 31.01.2011

SHRI. M.K. ABDULLA SONA             :  MEMBER

This appeal prefers from the order passed by the CDRF, Ernakulam in C.C. No. 98/07 order dated 8.11.2008.  The appellant is the opposite party and the respondent is the complainant respectively.

          The complainant filed the complaint for directing the opposite party to pay the balance of the refund amount with compensation of Rs. 7,400/- for loss and hardships suffered by him with cost.  The complaint filed due to the deficiency committed by the opposite party.  The son of the complainant obtained a job visa to Damam and it’s validity was for 3 months.  On 4.7.2006 they purchased an Air Ticket to travel in Arabian Airlines from opposite party by paying in Rs. 16,750/- The opposite party instructed them to reach at the Airport on four occasions with confirming the ticket to avoid lapsing of visa they arranged Air India Ticket and Mr, Salah left India on 28.9.2006.  Subsequently on 30.9.2006, the complainant approached the opposite party and surrendered the ticket of Arabian Airlines. Opposite party has refused to pay  Rs. 8,750/- complained that there after the opposite party caused to issue a lawyer notice demanding refund of balance amount of Rs. 8,070/- complaining that the opposite party had failed to confirm the ticket even after the laps of 2 months.  . Hence the complaint. 

 The opposite parties admitted the fact that the assurance of air ticket to the complainant’s son and acceptance of Rs. 60,750/- as fare.  He further contented that he was ready to give unconfirmed ticket.  So took steps to get ticket confirmed.  In the meantime he availed another ticket and flew.  Opposite parties maintains that Rs. 4,000/- was deducted by Saudi Airlines is cancellation charges Rs. 3,500/- was levied and by the Saudi Arabian Consulates Viza stamping fees and Rs. 500/- was charged by opposite party as their own service charge.  Total expenses incurred Rs. (4,000 + 3,500 = 7,500) was adjusted towards the total amount and the balance amount of Rs. 8,750/- was refunded to the complainant.   The opposite party submits that they are in no way negligent and request to dismiss the complainant with cost.

          The evidence consists of witness Pw1 the complainant and documents marked as Exts. A1 to A5.  There are no documents marked for the opposite parties.  The Forum below raised two contentions where the complainant is entitled to receive the balance amount from the opposite party and cost and compensation.  The Forum below after discussing the entire evidence and fact and circumstances of the case that the opposite party committed deficiency in service accordance with the provisions of the Consumer Protection Act, and the Forum below allowed the complaint and directed the opposite party to pay Rs. 8,000/- to the complainant with interest @ 6% per annum from the date of complaint till realization.  The opposite party is also directed to pay Rs. 500/- to the complainant as litigation expenses.

          The appellant prefers this appeal from the above impugned order passed by the Forum below.  On this day, this appeal came before this Commission for final hearing, the Counsel for the appellant is present.  There is no representation for the respondent/complainant.  The counsel for the appellant vehemently argued on the grounds of appeal memorandum that the reduction of the amount from the cancellation of the air tickets done by the Saudi Airlines not by the opposite party.   The Counsel submitted that the Forum below did not give an opportunity to mark the documents produced before the Forum below.  He invited the attention of this Commission that certified copies from the CDRF are also produced before this Commission along with the appeal.  According to the appellant, the counsel argued that they are not any way liable to refund the amount ordered by the Forum below.  The counsel for the appellant prays to allow the appeal and to set aside the impugned order passed by the Forum below.

          We this Commission  heard in detail and perused the entire evidence and case records  available in this appeal and  it  seen that the documents  produced by the appellants before this Commission along with this appeal, the refunding amount did  not separately shown in  this documents, that the Soudhi Arabian Airlines collected the cancellation charges by themselves.  This documents issued by the opposite party in their capacity alone.  Unless produce any documents which issued by Soudhi Airlines for the cancellation charges this amount was legally collected by the appellant/opposite party.  We are not seeing any reason to interfere in the impugned order passed by the Forum below.  This order passed by the Forum below in accordance with the provisions of law and evidence.  But it is seen that the total expenses calculated by the Forum below is that Rs. 4,000+ Rs. 3,500 equals Rs. 8,000/- It is incorrect.  There is a arithmetical error in this total amount.  As per this calculation the total amount comes only Rs. 7,500/- only.  But this anomaly did not invite before this Commission by nobody. 

          In the result, this appeal is dispossed with a correction of the anomaly of the total amount Rs. 7,500/- instead of Rs. 8,000/- The opposite party is only liable to pay  Rs. 8,000/- to the complainant with the interest  @ 6% per annum from the date of the complainant till realization and also directed  to pay Rs. 500/- to the complainant as litigation cost.  Both parties are directed to suffer their own respective expenses. 

          The points of the appeal discussed one by one and answered accordingly with the correction of the above anomaly.    

                           M.K. ABDULLA SONA             :  MEMBER                                    

                   VALSALA SARANGADHARAN      :   MEMBER

               M.V. VISWANATHAN              :  JUDICIAL MEMBER

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