Sri. M.C. Devakumar, Member

1. The complainant Sri S. Shadakshara Swamy S/o Late P. Srikantaswamy has filed this complaint under Section 12 of the C.P. Act, 1986 against the opposite parties alleging deficiency in service and seeking a direction to refund a sum of Rs.24,791/- paid towards his Air Ticket charges and Rs.50,000/- as compensation  for causing mental agony and financial inconvenience with such other reliefs. 
2. Brief Fact of the case:

The complainant had booked Air Tickets for himself and his friend with OP1 on 10.11.2014 to travel from Bangaluru to Delhi. The date of onward journey was 23.11.2014 and return Journey was on 26.11.2014. A sum of Rs.24,791/- was paid to OP1 through his debit card towards the Air Ticket amount.Due to postponement of the hearing of the case, he was forced to cancel the aforesaid ticket on 18.11.2014. He has reported to OPs customer care executive and sought for cancellation of the ticket and to refund the ticket amount.The executive assured to refund the amount within next 5 working days.But the same was not complied even after the lapse of 15 days.On repeated contact the OP’s customer care executive informed that the amount would be deposited to “My wallet account”, which was not opted for. On 28/12/2014 the complainant received a message stating that his ticket amount would be refunded within next 3to 5 working days.But the same was not complied.Hence the complainant suffered mental agony and financial loss. Thereby he alleged deficiency in service by the OP.He also got issued a legal notice dated:30.03.2015 calling upon the OP to refund the entire amount paid by him towards the ticket and also the compensation. On failure to pay, this complaint has been filed seeking reliefs.

3. The OP1 admitted the payment of Rs.24,791/- towards booking of tickets by the complainant and they provide booking service as third party. The refund of amount of cancellation of tickets was to be made by the Airlines only.  Thereby, they have promptly discharged their duty by issuing confirmed tickets.  Further, on cancellation of tickets, the Airlines have processed refund of Rs.10,038/- by deducting Rs.1,000/- towards service charges. As such denied the allegations and prays for dismissal of the complaint.

4. The OP2 filed their version by denying the allegations and submit that they are not aware of the transaction between OP NO.1 and complainant for the reason OP1 is a separate entity. On failure to furnish the passenger name “PNR” number they were not in a position to address the grievances. The complainant has filed this complaint to enrich himself illegally and to Defame/tarnish the image. Hence prays for dismissal of the complaint with costs.

5. The complainant has filed his affidavit evidence by way of examination chief and produced 4 documents.

6. Heard the arguments of learned counsel for complainant. OP counsel not address the arguments. Perusing the material on record, the matter is posted for orders.

7. The following points arose for our consideration.

1. Whether the complainant establishes the deficiency in    service by the Ops for not refunding the amount paid towards the ticket charges thereby he is entitled for the reliefs?

2.   What order?

8.  Our findings on the aforesaid point is as follows:

                    Point No.1: Partly in the affirmative

                   Point No.2: As per final order for the following

REASONS

9. Point No.1:- The learned counsel for complainant argued that he has paid a sum of Rs.24,791/- to OP1 to book Air Tickets for himself and his friend, on 10.11.2014 to travel from Bangaluru to Delhi and back. Because of postponement of the hearing of the case, he got cancelled the Air ticket on 18.11.2014.  As such he has sought for refund of the amount paid by him from OP1. He got a message that the amount would be deposited in his “my wallet account”. On failure to deposit the amount he has  contacted the customer care service, in reply assured a sum of Rs.12,564/- and Rs.10,288/-, would be refunded to his bank account. But the  OP1 has failed to refund the amount. Hence the complaint alleged deficiency in service. The OP1 contended that the allegations are false, frivolous and vexatious. The payment of Rs.24,791/- towards booking of tickets was admitted however contended that the OP1 is acting as a booking agent as third party service provider.  As such the refund of the amount on cancellation would be considered only on receipt of the amount from the Airlines and Airlines have processed for refund of Rs.10,038/- out of which Rs.9038/- have already been refunded to the complainant on 18.11.2014 and on 25.12.2014 by deducting a sum of Rs.1,000/- towards service fee, thereby the allegations of the complainant is denied as false and hence the complaint is not maintainable.

10. Considering the arguments advanced by the learned counsel for the complainant and on perusing the averments of the OP1 and OP2 this commission is of the opinion that, the complainant has paid a sum of Rs.24,791/- towards booking of tickets on 10.11.2014 due to unexpected circumstances he has to cancel the tickets on 18.11.2014. Thereby the complainant has sought for refund of the amount from the OP. Regarding the payment and also the assurance made by OP1 and considering the documents, the OP ought to have refunded the amount to the complainant. However the OP contention of refund of Rs.9,038/- on two occasions by deducting the service charges is not justified in absence of any kind of material evidence to prove that they have refunded the said amount to the complainant. As such this commission held that the OP1& 2 have committed deficiency in service by not refunding the amount paid towards booking of Air Tickets. Thereby the OP1 & 2 are jointly and severally liable to refund the entire amount to the complainant with compensation. Accordingly point No.1 is answered partly in “Affirmative’’.

11.  Point No.2:- In view of the above discussions on Point No.1 the complaint filed by Sri S. Shadakshara Swamy deserved to be allowed in part. Hence the following:

:: ORDER ::

1. The complaint is allowed in part.
2. The Opposite Party No.1 & 2 are hereby directed to refund the amount paid by the complainant jointly and severally by deducting the necessary admissible service charges to the complainant within 60 days from the date of this order.  
3. The opposite party No.1&2 jointly and severally shall pay compensation of Rs.3,000/- and Rs.2,000/- towards litigation expenses to the complainant within 60 days from the date of this order.
4. In case of default to comply this order, the opposite party shall undergo imprisonment and also liable to pay  fine under section 27 of the C.P. Act, 1986.
5. Furnish the copy of this order to the parties, at free of cost

(Dictated to the Stenographer transcribed, typed by her, transcript corrected

by us and then pronounced in open court on this the 31^st August, 2021)