CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Sri. K.N. Radhakrishnan, Member
CC No.287/10
Friday the 28th day of October, 2011
Petitioner : P.C.Joseph,
Paramattathil
Nattasserry, Parampuzha
Kottayam.
Vs.
Opposite party : Creative Tours & Travels(India)
Pvt.Ltd., 1st floor
CSI Commercial Centre
Baker Junction, Kottayam
Rep by Manager,
2) Creative Tours&Travels
Aysha Complex
CC 39-3954
Karimpatta Road, Pallimukku
Ernakulam, Rep.by Manager.
(Adv. N.K.Narayanan Namboothiri)
ORDER
Sri. K.N. Radhakrishnan, Member
The case of the complainant presented on 16/11/10 is as follows.
The complainant’s son and daughter-in-law are working and residing at Qatar after leaving their daughter Sareena with the complainant and his wife. In order to visit her parents Sareena and Sophiamma dec ided to go to Qatar on 5th October and return there from on 22nd October. For the said journey and return to India with petitioner’s son and wife, he booked two tickets from the 1st opposite party on 29th September 2010. He booked two tickets for travelling on 5th October 2010 from Cochin and the return on 22nd October from Doha to Cochin. Therefore on 5th October 2010 petitioner’s wife and grand daughter went to Doha. Thereafter on 21st October 2010 when petitioner’s son searched in the net to ensure the confirmation of his mother’s and daughter’s return tickets he understood that the said return tickets booked from 1st opposite party was cancelled without intimation or notice to the complainant or his wife. Suddenly petitioner’s son contacted the petitioner and came to know that he or anyone on his behalf has not cancelled their return tickets. Therefore petitioner’s son afraid since the tickets for the petitioner’s son and wife are already confirmed for 22nd October 2010 from Doha to Cochin. Moreover there is nobody at Doha to look after petitioner’s mother and daughter. Hence petitioner’s son caused severe mental agony and tension. Thereafter he tried a lot and took maximum effort for getting two tickets to his mother and child. The above said cancellation done by the opposite party is without any authorisation and the opposite parties illegally misappropriated the amount by canceling the ticket. Therefore petitioner’s son spend Rs.1,500/-. Qatar Riyal (16,510) for getting their tickets. So the petitioner’s son had to spends the said additional amount only due to the deficiency in service of the 1st opposite party. Hence this complaint.
The notices were served with the opposite parties. They did not appear except 2nd opposite party entered appearance through their counsel. Even after accepting the notice from this forum 1st opposite party has not entered appearance or filed any version so 1st opposite party is set expartee.
The version of 2nd opposite party is as follows. The complainant never visited the 2nd opposite party’s office at Ernakulam or booked any ticket from there. The 2nd opposite party does not have any link or connection with the 1st opposite party. Eventhough the names of both opposite parties are similar in nature 2nd opposite party does not have any link with the 1st opposite party. The 1st and 2nd opposite parties are two separate firm. The 1st opposite party never ever consulted the 2nd opposite party or booked any ticket from 2nd opposite party. The 2nd opposite party is absolutely unaware of dealings between petitioner and the 1st opposite party. There was no deficiency in service on the part of the 2nd opposite party. Hence the complaint may be dismissed with costs.
The complainant filed proof affidavit and documents which are marked as Exts.A1 to A4. The 2nd opposite party filed proof affidavit and one document which is marked as Ext.B1.
Heard both sides. We have gone through the complaint, version, documents and evidences of both sides. The case of the complainant is that the confirmed returned tickets from Doha to Cochin was cancelled by the opposite party, without any notice or with the consent of the petitioner. According to him the act of the opposite party amounts to deficiency in service. Due to the negligent act of the opposite party the complainant sustained heavy loss and hardships. Moreover the complainant had spend Rs.16510(1,500 Qatar Riyal) for taking another ticket from Doha to Cochin. The 2nd opposite party alone contest the case of the complainant even after accepting the notice from this Forum. But from the available documents and evidences we cannot attribute any deficiency in service on the part of the 2nd opposite party. Moreover there were no direct or indirect dealings between complainant and the 2nd opposite party. However the ticket was purchased by the complainant from the 1st opposite party. The 1st opposite party did not turned up even after accepting the notice from this forum. As per A1 the transaction between complainant and 1st opposite party was proved beyond doubt. Hence we have no reasons to dis-believe the case of the complainant. We are of the opinion that the case of the complainant is to be allowed.
In the result the complaint is allowed as follows. We direct the 1st opposite party to pay Rs.16,510/- to the complainant and pay Rs.5,000/- as compensation for inconveniences and pay Rs.2000/- as cost of these proceedings. The order shall be complied within a period of one month from the date of receipt of a copy of this order. The order not complied within one month the amount will carry interest @ 10% per annum from the date of order till payment.
Sri. K.N. Radhakrishnan, Member Sd/-
Sri. Santhosh Kesavanath P. President Sd/-
Appendix
Documents produced by complainant
Ext.A1 is the copy of electronic ticket receipt dtd 29/9/10
Ext.A2 is the copy of electronic ticker receipt dtd 29/9/10
Ext.A3 is the copy of computer print out
Ext.A4 is the copy of economy class ticket
Documents produced by opposite party 2
Ext.B1 is the copy of computer print out
By Order,
Senior Superintendent
