JUDGEMENT
Complainant by filing this complaint has submitted that in the month of February-2014 he was intending to go to Goa via Mumbai from Kolkata through aero plane with his wife on 23.02.2014 and accordingly the complainant met with Mr. Rabi Bhagat, Proprietor of Bhagat Tour & Travel having its office at 82, Bentick Street, 1st Floor, Kolkata-700001 for hotel booking at Goa/Mumbai. After completing the hotel booking the Proprietor of Tour & Travels Mr. Rabi Bhagat introduced him with Mr. Aditya Ballav, Proprietor of A.B. Tour & Travels who also looking for rail and air tickets on line booking and having its address at the same place and office, the complainant to take the air tickets asked Aditya Ballav op no.1 for the Air Tickets through the process of on line booking and on good faith and paid the full amount of Rs.21,400/- to Aditya Ballav op no.1 by an account payee cheque vide account No. 675061 dated 17.02.2014 along with other service charges for booking of their air tickets. It is stated by the complainant that on receiving the aforesaid cheque the op no.1 booked two air tickets for the journey to Mumbai for him along with his wife and the tickets were delivered as a confirmed two air tickets of Spice Jet Airways for their journey dated 23.02.2014. Fact remains, on the date of journey i.e. 23.02.2014 when the complainant along with his wife reached at the Spice Jet Airways counter at Dum Dum Airport for collecting of boarding pass, then he was surprised to learn from the counter that their air tickets has already been cancelled by op no.1, allegedly without any information to them and without any reasonable grounds. Under this circumstances, the complainant was very much insulted for the matter and he tried to contact over phone with op no.1 but all in vain. Since all other arrangements for their travelling had been settled down and as such he was bound to purchase new air tickets after paying Rs. 21,400/- + extra cost of Rs. 36,780/- in total a sum of Rs. 58,180/- through his credit card to the counter of Spice Jet Airways on 23.02.2014 at the prevailing rate of that date and went to Goa/Mumbai by air.
So invariably after returning from Goa/Mumbai, he served a demand letter dated 06.03.2014 along with all essential documents upon the op no.1 asking him to pay the amount back to the complainant but op failed and neglected to pay any amount to the complainant. Finding no other alternative the complainant also served a legal notice dated 02.05.2014 upon the op no.1 for payment of his claim the extra cost of Rs. 36,780/- to the counter of Spice Jet Airways on 23.02.2014 from the op, but the op did not response about that letter.
In such a situation for such the negligence and careless manner from the side of the op no.1, the complainant suffered from not only monetary loss but also undergoing of mental agony and anxiety for which he filed this case before the Ld. Forum to get justice.
On the other hand the ops neither appeared nor filed any written version inspite of notices served. Hence, this case is heard exparte.
Decision with reasons
It is evident from the record that the complainant booked the air tickets from Kolkata to Goa (Via Mumbai) along with his wife for a journey on 23.02.2-14 on payment of Rs. 21,400/- to the op no.1 as a full payment by an account payee cheque vide cheque No. 675061 dated 17.02.2014.
The main contention of the complainant is that inspite of having the confirmed air tickets of Spice Jet Airways for the journey dated 23.02.2014 from the op no.1, while he along with his wife reached at the Spice Jet Airways counter at Dum Dum Airport for collecting of boarding pass, was surprised to know that the same air tickets has already been cancelled by the op no.1 (Sri Aditya Ballav) without any intimation to him and as such he did not find any reasonable ground for such cancellation of the said air tickets by the op no.1.
Under the compelling circumstances he was bound to purchase new air tickets after paying Rs. 21,400/- plus extra costs of Rs. 36,780/- totaling a sum of Rs. 58,180/- through his credit card to the counter of Spice Jet Airways on 23.02.2014 at the prevailing rate of that date and went to Goa/Mumbai by air.
After returning from Mumbai/Goa the complainant tried his best efforts to get back his extra cost from the op no.1 and also sent letter dated 06.03.2014 but the op did not respond to pay back the money amounting to Rs. 36,780/- being the extra costs as paid by him unnecessarily.
We have heard the complainant and perused all the documents as reflected above and those documents support the case of the complainant. On careful consideration of the materials and the evidence led by the complainant who remain unchallenged and there is no reason to disbelieve the unchallenged testimony supported by documentary evidence of the complainant.It is a fact that the op no.1 has refunded of Rs. 21,400/- for the said air ticket to the complainant and for such cancellation on their part, the complainant had to face difficulties since other arrangement i.e. hotel arrangement etc. were made during that period by them and as a consequence the complainant had to arrange the air tickets with extra cost for their journey to Mumbai on that date. Thus, we are of the view that the complainant have definitely been harassed due to irresponsible act of op no.1 though they have refunded the money i.e. Rs. 21,400/- to the complainant as and when the complainant claimed, and prior to filing this case before this Forum. But for such mental agony and harassment of the complainant, the op no.1 is also responsible for his negligence, dereliction of duty in a careless manner which false u/s 2 (1)(g) ® of the C.P. Act 1986 for its unfair trade practice and so the op no.1 is liable to pay compensation of Rs. 10,000/- to the complainant along with litigation cost of Rs. 2,000/-.
In the result, the case succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed exparte against the op no.1 with litigation cost of Rs. 2,000/- but dismissed against op no.2 without any cost.
The op no.1 is directed to pay Rs. 10,000/- to the complainant along with litigation cost till its realization.
The op no.1 is also directed to comply this order within one month from the date of this judgement failing which per day penal interest of Rs. 100/- shall be assessed till full satisfaction of the decree and if said amount of punitive and penal damages are collected the amount shall be deposited to this Forum on proper receipt. Even if the op no.1 neglect to comply, penal action proceeding shall be initiated u/s 27 of C.P. Act 1986.
Complainant to send this copy of this judgement to the ops at once for compliance.
