IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 27th day of February, 2015
Filed on 04.05.2012
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.151/2012
between
Complainant:- Opposite Parties:-
Sri. Satheeshkumar 1. The Managing Director
S/o Mahalekshmi Vellvime Make My Trip India Pvt. Ltd.
Vellakkinar, Alappuzha G-6, Gee Gee Emrerald, 151
(By Adv. R. Rajendra Prasad) Ground Floor, Village Road
Nungambakkam, Chennai
Tamil Nadu
(By Adv. T.S. Arunkumar)
2. The General Manager
Sunrise Tours and Travels, CBE Road, Sultanpet, Palakkad
(By Adv. P.S. Geethakumari)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant and his family planning a summer vacation trip and searched internet for best option. The offer of the first opposite party was attractive. The offer was a package of to and fro ticketing from Kochi to Bangalore, Bangalore to Kochi and 6 nights and 7 days stay in a four star category hotel at Bangalore. The charge published by the first opposite party in the internet was an amount of Rs.48,000/- including flight charges. The complainant discussed the terms and conditions over telephone with first opposite party. Complainant decided to travel by availing the services of the first opposite party and paid money to the opposite parties. At the time of canvassing, through internet advertisements and by phone the second opposite party and its other officers of the first opposite party made the complainant to believe that the first opposite party is a company with enormous travel stature all over the world, with the support of big travel giants including a hotel groups and flights and other facilities, and that the money paid Rs.47,250/- prior to the travelling date ie. on 1.4.2012 to the account of the second opposite party, is safe and secure in the hands of experienced and skilled tour administrators, for his pleasure trip to Bangalore with his family. On 29.3.2012 the complainant got a call from the first opposite party informing that the King Fisher flight has been cancelled and they have no substitute arrangements regarding the booking of flight for the onward journey and also they demanded more amounts from the complainant for arranging alternative journey. Complainant requested to cancel the entire trip, refund the payment. But opposite party replied that as they had paid for the hotel and return journey through Jet Light Airlines and it is not their responsibility to arrange tickets which has been cancelled. The complainant was pressured and forced to continue the trip as the amount paid will not be refunded. So the complainant purchased tickets on Air India Flight which was costing the amount of Rs.18,000/- which was an additional expense for him. On 7.4.2012 which was the complainant’s return date they reached Bangalore airport. On issuing the E-ticketing print out in the boarding pass counter, the complainant came to know that their tickets were not confirmed. This is only because of the carelessness and negligence shown by the opposite parties. That was really another shocking experience for them. As it was the complainant’s father’s remembrance ceremony on the next day, the complainant being the elder son had to perform the karmas. The complainant immediately tried to contact the first opposite party, but they did not even pick up his call. They became panic and tried to get ticket on any of the flight on the same day. But unfortunately there was no flight on that day. At last the complainant got ticket the next day Air India by noon which cost Rs.22,000/-. It is submitted that the complainant spent the above said amount as unexpected additional expense. They were forced to stay that day too in Bangalore. The stay and conveyance damaged another Rs.7000/-. The negligent, ignorant, irresponsible activities and deficiency in service on the part of the first opposite party is not to be compromised. So the opposite party is liable to pay compensation to the complainant for the mental harassment and other hardships. The assessed such loss and damages at Rs.5 lakhs. Hence the complaint is filed seeking following reliefs:-
- The first opposite party may be refund the flight charges and room rent paid by the complainant for Rs.47,000/-. And also refund an amount of Rs.47,250/- paid to the second opposite party.
- Payment of Rs.3,00,000/- by the opposite parties to the complainant by way of compensation for the loss and damages, harassment and mental agony caused to me by the wrongful act of the opposite parties.
- Allow to realize the costs of the proceedings from the opposite party.
- Such other reliefs which this Forum deems fit and proper to grand during the course of proceedings.
2. The version of the first opposite party is as follows:-
The complainant is filed leveling false allegations and suppressing materials and correct facts. There is no deficiency of service on the part of the first opposite party. The Forum has no jurisdiction to entertain the complaint. The complainant is not a consumer of the first opposite party. The entire transaction has taken steps between the first opposite party and second opposite party. There is no direct privity of contract relationship between the complainant and the opposite party. The alleged grievance was caused by the act of the King Fisher Airlines in canceling the flight on April 1, 2012 and system error for which the opposite party did not have any control and as such cannot be burden with any liability. Complaint is filed without any cause of action against the first opposite party. Complainant is not entitled to get any cost or compensation. First opposite party has acted with utmost care and diligence by providing the confirmed tickets and the complainant is not entitled for any compensation except the refund of Air ticket amount which has already been refunded on March 31, 2012 and paid to card of the second opposite party which was used for the payment of the amount. Hence the first opposite party prays to dismiss the complaint with costs.
- The version of the second opposite party is as follows:-
The allegation that second opposite party is an agent of the first opposite party is not correct. The second opposite party is only the ticket issuing agency. The second opposite party is not liable to pay any amount to the complainant. There is no deficiency in service on the part of the second opposite party.
4. Complainant was examined as PW1. The documents produced were marked as Exts.A1 to A6. The Servicing Manager of the first opposite party examined as RW1. The documents produced were marked as Exts.B1 to B3.
5. The points for consideration are:-
- Whether the complaint is maintainable?
- Whether there is any deficiency in service on the part of the opposite parties?
- If so the reliefs and costs?
6. Point No.1:- The complainant and his family planned a summer vacation trip accepting offer of the first opposite party. The offer was package of to and fro ticket from Cochin to Bangalore, Bangalore to Cochin by 6 nights and 7 days in a 4 Star Hotel at Bangalore. The charge of the package was Rs.48,000/-. According to the complainant he paid the amount of Rs.47,250/- in the account of the second opposite party. In order to substantiate this allegation, complainant produced Ext.A1 the counter foil issued by Axis Bank, Alappuzha Branch dated 3.3.2012. There is no contention raised by the opposite parties with regard to the same. Hence it is proved that complainant availed service with consideration from the opposite parties. So the complainant is a consumer within the meaning of Section 2(d) of the Consumer Protection Act. Hence the complaint is maintainable.
7. Point No.2:- The admitted fact of the case are the following:-
a) The first opposite party is a tour operator and second opposite party is a ticket issuing agency.
b) Complainant paid an amount of Rs.47,250/- in the account of the second opposite party on
3.3.2012.
c) Complainant could not travel on the flight as booked since the King Fisher Airlines cancelled the
flight for April 1, 2012.
8. According to the complainant on 29.3.2012 the first opposite party informed that the King Fisher Flight has been cancelled and they have no substitute arrangements regarding the flight for onward journey. Even though the complainant requested to cancel the trip and refund the payment, the first opposite party refused to return the amount given by the complainant. So the complainant purchased tickets from Air India flight and for that Rs.18,000/- given by him. In order to prove that complainant produced the electronic ticket receipt dated 1.4.2012. The opposite party has no objection with regard to the same, but they stated that they have refunded the air ticket amount of Rs.9,984/- and paid to the card of the second opposite party. Since there is no evidence produced by the opposite party their contention that they have refunded the air ticket amount is unsustainable.
9. The next allegation of the complainant is that on 7.4.2012 the return day from Bangalore, when the complainant and his family reached the Bangalore Airport they came to know that the tickets were not confirmed. Complainant has to come to Kerala on the next day for attending the father’s remembering day ceremony. Even though he tried to contact the first opposite party he could not contact him. The complainant got ticket only on next day and he spent Rs.22,000/- for the ticket and spent Rs.7000/- for the hotel accommodation. In order to prove that allegation complainant produced the air ticket dated 7.4.2012 and bill issued by the Hotel Presidency, Bangalore for Rs.5,944/- dated 7.4.2012 and car rent bill for Rs.1000/- dated 7.4.2012 which were marked as Exts.A3, A4 and A5. According to the opposite party, the air tickets for the return journey of the complainant and his family members from Bangalore to Cochin through Jet light Airlines was not confirmed due to the fluctuation in the connectivity with the suppliers’ reservation system, which was beyond the control of the opposite party. But there is no documentary evidence produced by the opposite party to prove this contention. Hon’ble National Commission in Syndicate Tours and Travels Vs. Consumer Education Research Society 2003 CPJ III Page 163 held that “confirmed air ticket given by travel agent found not confirmed, deficiency in service proved, complainant entitled to get compensation”. In the instant case, the complainant who believed the opposite party came to know that the ticket were not confirmed only when he and his family reached Bangalore Air Port. The above decision is squarely applicable in this case. From the above discussion, we are of opinion that the failure in the part of the opposite parties in rendering proper service to the complainant amounts to deficiency in service. Point No.2 answered accordingly.
8. Point No.3:- While cross examined the first opposite party he admitted that the second opposite party is their agent in Kerala. It is an admitted fact that due to cancellation of King Fisher Flight, complainant had to purchase ticket on Air India Flight. According to the complainant, he had to spend Rs.18,000/- towards ticket fare. Even though first opposite party claimed that they had refund the amount of Rs.9,984/- to the complainant through second opposite party, no evidence to prove that claim. Hence in the absence of evidence it is difficult to believe that they had refunded Rs.9,984/- to the complainant. Another allegation of the complainant he had incurred an amount of Rs.12,000/- as per Ext.A4 as additional expenses for the return travel. There is nothing brought out in evidence to controvert the said allegation of the complainant. Hence they are entitled to get that amount. The Hon’ble National Commission held in Cox and Kings Pvt. Ltd. Vs. Col. S.P. Putchala and another, 2000 CPJ IV page 63 that the members of the tourist group are entitled to get compensation for the deficiency in service on the part of tour operators.
In the result complaint is allowed. Opposite parties 1 and 2 are directed to pay the following amounts to the complainant.
- Rs.18,000/- (Rupees eighteen thousand only) towards ticket fare of Air India Flight on 1.4.2012.
- Rs.22,000/- (Rupees twenty two thousand only) towards ticket charge for Air Ticket on 7.4.2012.
- Rs.5,944/- (Rupees five thousand nine hundred and forty four only) towards the bill issued by Hotel President
- Rs.1000/- (Rupees one thousand only) towards car rent.
- Rs.10,000/- (Rupees ten thousand only) towards compensation.
- Rs.3000/- (Rupees three thousand only) towards costs of this proceedings.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me in open Forum on this the 27th day of February, 2015.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Satheesh Kumar (Witness)
Ext.A1 - Receipt dated 3.3.2012
Ext.A2 - E-mail dated 1.3.2012
Ext.A3 - Bill for Rs.5,944/-
Ext.A4 - Copy of flight tickets (2 Nos.)
Ext.A5 - Retail Invoice dated 7.4.2012
Ext.A6 - Copy of E-mail
Evidence of the opposite parties:-
RW1 - K.Vishnukumar (Witness)
Ext.B1 - Certified true copy of the resolution passed by the board of directors of
Make My Trip India (P) Ltd.
Ext.B2 - Copy of Make My Trip.com user agreement
Ext.B3 - Copy of E-ticket
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-pr/-
