Date of Filing:16/05/2011
Date of Order:28/06/2011
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 28th DAY OF JUNE 2011
PRESENT
SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT
SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER
SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER
COMPLAINT NO. 928 OF 2011
Kamal Kishore Agarwal,
R/at: # 1356, “D” Block,
80 ft Road, AECS Layout,
Kundalahalli,
Bangalore-560 372. …. Complainant.
V/s
Kingfisher Airlines Limited,
12th Floor UB Tower,
UB City, No.24 Vital Mallya Road,
Bangalore-560 001.
Rep. by the Director. …. Opposite Party.
BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT
-: ORDER:-
The complainant has made this complaint seeking direction to the opposite party to refund Rs.3,032/- with compensation making certain allegations.
2. The opposite party has filed his version admitting transactions but denying its liability to pay the amount.
3. Both the parties have filed their affidavits. The arguments were heard.
4. The point that arise for our consideration is:-
- What order?
5. Our finding on the above point is:-
POINT (A) : As per the final order
For the following:-
REASONS
POINT (A):-
6. Reading the pleadings in conjunction with the affidavits and documents on record it is an admitted fact that the complainant had booked air ticket with the opposite party for a journey to Bangalore and the amount has been paid from his account No.00181050103836 of HDFC Bank, Sector-I, Salt Lake city, Kolkatta. However owing to his difficulties or otherwise he has cancelled the tickets immediately and sought refund of the amount of Rs.3,032/- paid by him. But however while cancelling the ticket he had not informed the opposite party about the closure of his account at Kolkatta. However the opposite party states that it has sent the amount to the Kolkatta branch of the HDFC Bank. Correspondence of the HDFC Bank of Kolkatta Branch does not say that it has not received the money or it has returned the money to the opposite party. Anyway the opposite party has stated that it returned the money to the account of the complainant at HDFC Bank, Kolkatta Branch.
7. It is an admitted fact that the complainant is having an account No.00771610208616 at HDFC Bank, White Field, Bangalore. Hence under these circumstances if we direct the HDFC Bank to trace the amount and credit it to the account of the complainant at HDFC Bank, White Field Branch, Bangalore, we think that will meet the ends of justice. If for any reason the HDFC Bank, Kolkatta, gives details of its return of the amount received by it from the opposite party, in that event the opposite party shall return the money to the complainant. Hence we hold the above points accordingly and proceed to pass the following:-
28.06.2011:-
COMPLAINANT/BY SRI. In.person
OPPOSITE PARTY/BY SRI. C.K.N.
ORDER
1. The complaint is Allowed-in-part.
2. The HDFC Bank, Sector-I, Salt Lake City, Kolkatta, shall re-credit the amount of Rs.3,032/- received by it in the closed account No.00181050103834 of the complainant to the running account of the complainant bearing account No.00771610208616 at White Field Branch, Bangalore within 30 days from the date of receipt of this order.
3. The HDFC Bank at White Field, Bangalore, is also directed to write to its branch at Kolkatta and get the amount to the said account.
4. If for any reason the HDFC Bank gives the details of return of the said money to the opposite party, in that event the opposite party shall credit the amount so received by it to the running account of the complainant at HDFC Bank, White Field, Bangalore, in account bearing No. 00771610208616.
5. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
6. Send the copies of this order to the parties and also to the HDFC Bank.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 28th Day of June 2011)
MEMBER MEMBER PRESIDENT
