JUDGEMENT

                    The case of the complainants, in short, is that they contacted the op no.1 M/s Modern Tour & Travels, 29, Bhupen Bose Avenue, Kolkata – 700004 for journey from Sri Nagar to Delhi on 27.10.2010 and paid a total sum of Rs.5,794/- to them and accordingly the op no.1 issued them e-tickets and advised them in writing to review the travels itinery.  It is stated by the complainants that since the op no.2 Kingfisher Airlines Ltd. cancelled the flight from Delhi to Sri Nagar.  So, they had to cancel the corresponding flight from Srinagar to Delhi and then requested the op no.1 to refund the money.  Fact remains, inspite of several persuasions the op no.1 did not pay any heed to refund the money, so the complainants lodged the complaint before the Directorate of C.A. & F.B.P., Govt. of West Bengal on 08.03.2011 but the op/proprietor of Modern Tour & Travels did not co-operate with the complainants to settle the matter.

          Finding no other alternative, the complainants filed this case before the Ld. Forum for redressal of their grievance.

          Fact remains that summons were sent by Regd. Post with A/D by Speed Post to the ops and same were duly served but refused by the op no.1 what is evident from the postal internet result and the op no.1 also did not turn up to contest and as such the present complaint is heard ex-parte against the op no.1.

          In its written version, the op no.2 M/s Kingfisher Airlines Ltd. in its submission stated that they have no any kind of relationship with the op no.1 and they are not responsible for any dealings in between the complainants and op no.1.  Fact remains that the tickets in question vide PNR No. JZRAFB were issued by Spring Travels against the payment of a total sum of Rs.4,421/- and it is not true that the cost of tickets were Rs.5,794/- as stated by the complainants.  The tickets were also cancelled by the booking agency and as per cancellation policy, after deduction of the cancellation charges Rs.4,000/- the remaining price of the tickets i.e. Rs.4,021/- has been refunded to the account of the point of sale i.e. Spring Travels on 06.03.2011.  So there is no negligence or deficiency on the part of the op no.2.

          The op no.3 stated that the complainants had purchased the Air tickets from the op no.1 M/s Modern Tour & Travels during the year 2010 and this op no.1 also confirmed of having purchased the said tickets from M/s Make my Trip.  It is also stated that op no.1 M/s Modern Tour & travels is not their agent and had no connection with this issue and not paid to them for the said tickets as referred in the complaints.

          However the op no.3 also stated that they are the agent of Airlines, sold tickets to M/s Make My Trip and thus the op no.1 M/s Modern Tour & Travels purchased the tickets from M/s Make My Trip and sold to the complainants.  So in this case the matter should be dealt between op no.1 and M/s Make My Trip and at all if necessary they may only find out from their end about the cancellation or refund of the aforesaid tickets by the concerned travel agency.

                                                   Decision with reasons

          On proper evaluation of the argument in this regard, we have gathered that it is true and admitted fact that the complainants paid a total sum of Rs.5,794/- to the op no.1/M/s Modern Tour & Travels for 3 (three) nos of air tickets from Srinagar to Delhi for schedule journey on 27.10.2010.  The main contention of the complainants is that since the flight from Delhi to Srinagar of Kingfisher Airlines was cancelled by the Airlines Authority and due to such situation the corresponding flight from Srinagar to Delhi had to cancel by them and urged for refund of money from the op no.1 from whom they have purchased the tickets.

          After giving proper attention in respect of the complaint and the written version of the op nos. 2 & 3, we have gathered that it is a fact that owing to the cancellation of the flight from Delhi to Srinagar, the complainants also had to cancel the air ticket of the corresponding flight from Srinagar to Delhi asking for refund the money of air tickets from the op no.1 who neither refunded the cost of the air tickets nor at all appeared before this Ld. Forum and represented themselves.

          Fact remains that the air tickets of the complainants were issued by Spring Travels of a total sum of Rs. 4,421/-.  The tickets were also cancelled by the booking agency and as per cancellation policy after deduction of the cancellation charges of Rs.400/-, the remaining balance of the cost of tickets i.e. Rs.4,021/- has been refunded to the account of the seller i.e. Spring Travels on 06.03.2011 as confirmed by the op no.2.  So it is a clear position that the op no.3 though op no.1 received Rs.5,794/- from the complainants and the air tickets were purchased by op no.3 from the op no.2 and thus op no.1 handed over the said tickets to the complainants.  But while the air tickets were cancelled by the complainants and when the op nos. 2 & 3 were asked to pay back of the cost of tickets, but op no3 did not pay any heed to refund the money to the complainants.  Though it is a fact that these air tickets were cancelled by the op no.3 who kept the money with themselves after cancellation of the air ticket from the op no.2 but not refunded to the complainants. So, it was the duty of op no.3 to act honestly for the sake of good business terms and to render proper services to the complainants, but when the op no.3 did not act properly to refund the cancellation money of the air tickets after deduction of its cancellation charges to the complainants, hence there is no scope to deny by the op no.3 who adopted unfair trade practices and unheeded to refund the costs of the cancelled air tickets to the complainants since op no.3 received the cancellation money not the air tickets so the op no.3 might not be escaped from such neglected attitude on their part of the company for which the complainants have suffered from mental agony and harassment.

          In the backdrop of such state of affairs, we are inclined to hold that there was deficiency and unfair trade practices on the part of the op no. 3 as enshrined u/s 2(1)(g) and ® of the CP Act, 1986 for causing harassment, mental anxiety and discomfort of the complainants and as such the ops nos. 1 to 3 are jointly and severally are liable to refund the money of the cancelled air tickets i.e. Rs.4,021/-, by way of compensation for such harassment of Rs.3,000/- and also to pay litigation cost of Rs.2,000/-.

          In the result, the case succeeds.

          Hence,

                                                         ORDERED

          That the case be and the same is allowed with litigation cost of Rs.5,000/- against the op nos.1 & 3 and dismissal on contest against op no.2 but without any cost.

          The op nos. 1 to 3 are jointly and severally directed to refund the value of the cancelled air tickets amounting to Rs.4,021/- and also pay compensation of Rs.3,000/-.

          Both ops shall have to comply the above order strictly within 30 days failing which for each day’s delay and disobedience of Forum’s order ops shall have to pay for punitive damages @ Rs.100/- per day till full satisfaction of the decree which will be deposited to this Forum and if any reluctant attitude of the ops are found for complying the Forum’s order, in that case, penal proceedings u/s 27 of C.P. Act, 1986 shall be initiated against them.

          Complainants to sent the copies of this judgement to the ops at once for compliance.