ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
Complainant approached the OP through internet for the Air trip to Goa, and deposited the cash with the OP for the seven tickets to Goa which was acknowledged by the OP through its E-mail.
It is alleged by the complainant that the OP had mentioned th wrong time of flight through its E-mail dated 16.6.2012 to him and as a result of which he and his family members have missed the flight. It is further alleged by the complainant that OP had admitted its mistake through its e-mail and further assured the complainant to revert the amount in few day.
It is alleged by the complainant that only after his continuous follow up through telephone and mails, the employee of the OP confirmed him to pay 50% amount through cheque and the balance 50% in the form of heavy discounted air tickets and domestic packages.
It is further alleged by the complainant that he received a cheque of Rs.46,375/- from the OP and when he contacted the OP for the discount on the air tickets, then the OP provide his discounted ticket for Rs.12,000/- on 2.8.2012, but failed to pay the balance amount.
It is alleged by the complainant that despite of admitting its liability and promise to fulfil the same. OP had failed to comply the same, hence this complaint.
The complaint has been contested by the OP . OP has filed its W.S. Para No. 2 of the reply on merits is relevant for the disposal of this complaint and the same is reproduced as under: -
2. That Para 2 of the complaint as stated are totally vague, fictitious, wrong and denied. All other averments made are specifically denied. It is submitted that flight of the complainant was missed due misunderstanding between the complainant and the dealing staff. That Respondent without going into any controversy, agreed to the complainant to change his booking of hotels and return tickets as per new scheduled and accordingly acted upon. It is further agreed to compensate the cost of new tickets in the following manner:-
i) 50% price will be paid by cheque
ii) Remaining 50% by way of extra discount and adjustments in future air ticket bookings.
That complainant had agreed upon and also acted on the settlement.
iii) That complainant had received the cheque no. 32170452 for Rs.46,375/-
iv) That complainant had also got ticket booking for Mumbai to Delhi for 6.8.2012 and as per settlement the tickets were issued and apart from the discounts the amount of Rs.12000/- were adjusted after the approval of the Complainant. That after this transaction there is a balance of Rs.34,375/- and same is evident from the mail dated 2.8.2012.
Both the parties have filed their evidence by way of affidavits.
We have heard arguments advanced at the bar and have perused the record.
The counsel for the complainant has contended that the complainant and his family member had missed their flight only because of the wrong timing of flight informed to the complainant by the e-mails dated 16.6.2012 sent by the OP.
It is further contended by the counsel for the complainant that even after accepting its liability vide e-mails dated 16.10.2012 and promised to revert the amount in the form of 50% through cheque and remaining 50% through heavy discount on Air ticket, the complainant received 50% i.e. 46,375/- through cheque and Rs.12000/- on a discount on air ticket only, the OP failed to pay the balance amount of Rs.34,375/- which was admitted by it vide e-mail dated 2.8.2012.
The counsel for the complainant has placed on record the copy of e-mails exchanged between the parties in support of his contention.
We are in agreement with the contention of the counsel for the complainant. We have perused the document placed on record makes it clear that the OP had misinformed the complainant about the time of the flight which had led to the complainant and his family missing to Board the same. The OP had admitted its mistake but had failed to perform he pat of its promise. Even otherwise, OP had also admitted in its W.S. as well as in its affidavit that balance amount of Rs.34,375/- is yet to be paid.
In view of the above discussion we hold OP guilty of unfair trade practice and direct it as under:-
- To pay to the complainant a sum of Rs.34,375/- (Thirty Four Thousand Three Hundred Seventy Five only)i.e. balance payment alongwith interest @ 10% from the date of filing of complaint till payment.
- To pay to the complainant a sum of Rs.10,000/-(Rupees Ten Thousand only ) for pain and mental agony suffered by him.
- Pay to the Complainant a sum of Rs.5,000/- (Rupees Five thousand only ) as a cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on ___________
