COMPLAINT FILED: 28.07.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 04th NOVEMBER 2008<br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> <br /> COMPLAINT NO. 1647/2008<br /> <br /> COMPLAINANT Ms. Subhashini Vasanth,<br /> W/o. late Col. Vasanth Venugopal,<br /> Residing at 7/21, Sankey Road,<br /> Lower Palace Orchards,<br /> Sadashivnagar,<br /> Bangalore – 560 003.<br /> <br /> <br /> Advocate (Y.A. Nagaraj)<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. Kingfisher Airlines Ltd.,<br /> Kingfisher House,<br /> Western Express Highway,<br /> Vile Parle (E)<br /> Mumbai – 400 057.<br /> Represented by its<br /> Managing Director. <br /> <br /> <br /> 2. Kingfisher Airlines Ltd.,<br /> UB Tower,<br /> Level No. 12,<br /> UB City, No. 24,<br /> Vittal Mallya Road,<br /> Bangalore – 560 001.<br /> Represented by its<br /> Managing Director. <br /> <br /> <br /> Advocate (Joshua H. Samuel)<br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.2,38,000/- and for such other reliefs on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> Complainant has purchased 6 air tickets from OP office counter at Srinagar on 21.12.2006 so as to travel from Srinagar to New Delhi through their flight No. IT 0310. In that regard complainant paid the cost of the ticket through her two credit cards one of Andhra Bank and another American Express Bank. To her great shock and surprise on the receipt of monthly statement of accounts with respect to the said Bank credit card she noticed the excessive debit of Rs.14,625/- as against the actual cost payable and with respect to American Express Bank account there is a excess debit of Rs.17,625/-. She immediately contacted the OP to rectify the said mistakes by sending various E-mails, but all her efforts went in futile. The American Express Bank has terminated the credit card facility on a ground of non-payment of the amount in due. Thus her reputation is affected. Andhra Bank claimed overdue charges of Rs.3,000/- for the payment of the amount resulting from wrong debits. Again she suffered both mental agony and financial loss. On repeated insistence realizing their mistake, though OP have reversed certain amount, but still the overdue charges of Rs.3,000/- is not credited to her account. Due to the hostile attitude of the OP, she lost her goodwill and reputation in the society. Under such circumstances she felt the deficiency in service on the part of the OP. Hence she is advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP complaint is bad for mis-joinder and non-joinder of necessary parties and this Forum has no jurisdiction to entertain this complaint. The amount of Rs.14,625/- which was wrongly debited by the OP with respect to Andhra Bank, Rs.17,625/- with respect to American Express Bank has been recredited to her account. Hence the complaint is not maintainable. Complainant want to take the undue advantage of certain accidental slips in debiting the said amount, it is all because of swiping of the said cards twice, for that OP cannot be blamed. The complaint is devoid of merits. There is no deficiency in service on the part of the OP. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has proved <br /> the deficiency in service on the part of the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant booked 6 air tickets from OP so as to travel through their flight No. IT 0310 from Srinagar to New Delhi on 21.12.2006. The fact that the actual cost of the air ticket was paid through two credit cards namely of Andhra Bank and American Express Bank is also not at dispute. Now the grievance of the complainant is that she is liable to pay only Rs.14,625/- with respect to Andhra Bank card and with respect to American Express Bank Rs.17,625/-. But unfortunately OP collected excess of Rs.14,625/- from Andhra Bank card and Rs.17,625/- from American Express Bank. When she came to know of the said mistakes committed by the OP on the receipt of the monthly statement, she immediately contacted the OP to rectify the said mistake. She made correspondence through E-mails. The copy of the correspondence and E-mails are produced. When there was no positive response from the OP, she felt the deficiency in service on the part of the OP. <br /> <br /> 7. It is further contended by the complainant due to the hostile attitude of the OP American Express Bank has terminated the credit card facility to her and Andhra Bank has charged overdue charges of Rs.3,000/-. The said act of the respective banks has affected her reputation, goodwill, name and fame in the society, that too for no fault of her. It is all because of OP who committed wrong debit of excessive amount than actually payable by the complainant. Under such circumstances it is contended that complainant suffered both mental agony and financial loss. Hence she is entitled for compensation. The evidence of the complainant which finds support from the contents of the undisputed documents appears to be very much natural, cogent and consistent. There is nothing to discard her sworn testimony. It is the quality of evidence that is more important than that of the quantity. <br /> <br /> 8. As against this unimpeachable evidence of the complainant, the defence set out by the OP appears to be defence for defence sake, just to save their skin out of sin. At one breathe OP admits that it has wrongly debited the excessive amount, thereafter credited the same that is nearly after one year or so. In another breathe OP comes up with a defence that complaint is bad for mis-joinder of necessary parties, we do not find force in the said defence. It is further contended by the OP that this Forum has no jurisdiction to entertain this complaint. The fact that OP Kingfisher Airlines has got the Office and doing transactions, carrying on the business at Bangalore is not at dispute. Hence for this simple reason we find that defence of the OP also does not hold much force. Complainant prima-facie able to show that OP has debited excess of amount than that of actual fare, which she is liable to pay. On going through the version of OP it flatly admits that through oversight the said mistake has occurred, thereafter they reversed the erroneously debited amount and credited the same to the account of the complainant. <br /> <br /> 9. The admitted facts need not be proved. This admission cuts at the root of the defence set out. Having gone through the facts and circumstances of the case, complainant for no fault of her, is forced to face the stringent action of American Express Bank in terminating the credit card and also Andhra Bank who claimed overdue charges of Rs.3,000/-. It is all because of the mistakes and negligence committed by the OP. The possibility of complainant having lost the reputation, goodwill and name and fame amongst the society, public at large cannot be ruled out. There is a proof of deficiency in service on the part of the OP. Hence in the interest of justice, we find it is a fit case wherein the complainant is entitled for certain relief namely repayment of Rs.3,000/- overdue charges collected by Andhra Bank and Rs.5,000/- towards mental agony and Rs.2,000/- towards the litigation cost. With these reasons we answer point nos.1 and 2 accordingly and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to pay outstanding overdue charges of Rs.3,000/- collected by Andhra Bank and Rs.5,000/- towards mental agony and Rs.2,000/- litigation cost. This order is to be complied within 4 weeks from the date of its communication. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 04th day of November 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> p.n.g. <br /> <br />