DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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(1)  Harparkash Bajaj, R/o #1176, Progressive Enclave, Sector 50-B, Chandigarh.

(2)  Chanchal Kumari Bajaj, w/o Sh. Harparkash Bajaj, R/o #1176, Progressive Enclave, Sector 50-B, Chandigarh.

---Complainants

Vs.

Monsoon Travels, SCO No. 102-103, Sector 34-A, Chandigarh, through its Proprietor/ Owner Mrs. Divya Minhas.

---- Opposite Party

BEFORE:   MRS.MADHU MUTNEJA            PRESIDING MEMBER

SH. JASWINDER SINGH SIDHU    MEMBER

Argued By:    Sh. Ankush Anand, Counsel for Complainants.

           Opposite Party ex-parte.

PER MADHU MUTNEJA, PRESIDING MEMBER

1.          The Complainants had booked return air tickets from Delhi to Sydney via Kuala Lumpur and Sydney to Delhi with the Opposite Party on 13.02.2012. Invoice no. 3428 dated 13.02.2013 for total amount of Rs.1,18,600/- is on record at Annexure C-3. As per the tickets issued, the Complainants were to board the flight on 11.03.2013 with return on 09.01.2014 (Tickets Annexure C-4 & C-5). The Complainant No.1 who is a diabetic and heart patient suddenly fell ill, due to which the Complainants requested the Opposite Party on 09.03.2013 to change the programme and cancel the tickets for 11.03.2013 and book fresh ones for 29.03.2013. The Opposite Party informed the Complainant that the needful had been done (fresh tickets for 29.03.2013 Annexure C-6 and C-7). 

          When the Complainants checked the status of the tickets from the internet they were shocked to notice that the tickets for 11.03.2013 had already been cancelled on 28.02.2013. The Complainants have alleged that the Opposite Party had not made payment to Ashwa Travels Mohali through whom the tickets had been booked. Even the booked tickets issued for 29.03.2013 were bogus. The return journey was also changed by the Opposite Party from 09.01.2014 to 09.02.2014. The Complainants thus requested the Opposite Party to cancel all the tickets as they did not wish to go to Australia and requested for refund. The tickets were cancelled. But the Opposite Party has not refunded the amount to the Complainants. Alleging deficiency in service and unfair trade practice for issuing bogus tickets and cancelling the same, the Complainants have filed the present complaint with a prayer for refund of Rs.1,18,600/-, along with compensation and costs of litigation.  

2.          Notice of the complaint was sent to Opposite Party seeking its version of the case.      

3.          Initially, Sh. Kapil Kumar Bhardwaj, Advocate appeared on behalf of the Opposite Party and filed his Vakalatnama, but he did not appear on the subsequent dates, nor any authorized agent appeared on behalf of Opposite Party. Hence, the Opposite Party was proceeded against ex-parte vide order dated 11.07.2013.

4.          Complainant led evidence in support of his contentions.

5.          We have heard the learned counsel for the Complainant and have perused the record.

6.          Annexures C-1 to C-3 are the receipts issued by the Opposite Party for the return air tickets booked on behalf of the Complainants. Annexures C-4 to C-9 are the copies of the booked as well as cancelled tickets. According to the Complainants, the tickets at Annexure C-8 are the cancelled tickets and hence not valid. The Complainants have also placed on record Annexures C-10 and C-11 which are the Credit Notes of Travel Boutique Online. As per these Credit Notes, an amount of Rs.1,07,964/- is the refundable amount payable by the Opposite Party. The Complainants have not received the refundable amount which is why they have preferred the present complaint seeking refund of the entire amount by claiming that the tickets were bogus. The record at Annexure C-10 and C-11 proves that the tickets were not bogus. But at the same time the refundable amount has not been paid by the Complainants to which they are entitled. The evidence of the complainants has gone unrebutted due to non-appearance of the Opposite Party.  

7.          So finding merit in the complaint and genuine grievance of the Complainants, we allow this complaint against the Opposite Party. The Opposite Party is directed to refund the amount of Rs.1,07,964/- as per the Credit Notes Annexure C-10 & C-11. Opposite Party shall also pay compensation of Rs.15,000/- to the Complainants for the harassment caused in taking recourse to legal action for claiming what was rightfully due to them. The Opposite Party is also directed to pay Rs.7,000/- as costs of litigation.  

8.          This order be complied with by the Opposite Party within 45 days from the date of receipt of its certified copy, failing which, the Opposite Party shall be liable to pay the interest @ 12% p.a. on the amount of Rs.1,07,964/- from 13.02.2013 till its payment along with compensation of Rs.15,000/-, besides costs of litigation of Rs.7,000/-. Liberty is granted to the Opposite Party to make complete payment to Complainant No.1.

9.          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

26^th July, 2013                  

Sd/-

(MADHU MUTNEJA)

PRESIDING MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER