| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 8 of 2015 Sri Sunil Dey, ……………..…………………………………….. Complainant. -V/S- 1. M/S Bhura Enterprise, Authorise agnet of Air Ticket Seller Janiganj, Silchar, Cachar, Assam …………………………..O.P. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Dibakar Chakraborty, Advocate for Complainant. Mehboob Hussain Mazumder, Advocate for the O.P. Date of Evidence……………………….. 28-10-2015, 04-04-2017 Date of written argument……………… 24-08-2017, 31-20-2017 Date of oral argument………………….. 31-10-2017, 5-12-2017 Date of judgment……………………….. 11-12-2017 JUDGMENT AND ORDER Sri Bishnu Debnath, - Sri Sunil Dey (The Complainant) brought this instant case under the provision of the Consumer protection Act 1986 against M/S Bhura Enterprise, Janinganj, (referred as Agency) Silchar for award of Compensation for booking an Air Ticket for wrong date of journey and also for recovering of Price of the ticket paid by him.
- He stated inter alia that on 27/09/2014 he purchased Ticket for journey on 04/12/2015 from Kolkata to Silchar but the employee of the Agency wrongly booked ticket for journey date on 04/11/2014. Accordingly, he approached the aforesaid Agency on 06/10/2014 to cancel the ticket but the said Agency did not cancel. Hence, on 03/11/2014 on his telephonic request the ticket was cancelled. However, after cancellation he was asked to receive refund after deduction of Rs.1750/- as cancellation charge and Rs.220/- for service charges which he did not agree.
- The M/S Bhura Enterprise is a proprietary firm. Sri Dharam Chand Bhura is the proprietor. He submitted W/S. In his W/S stated inter alia that the allegation made against the Agency are false. The real fact is that the Complainant by phone booked the Air ticket for journey from Kolkata to Silchar and schedule date of journey was 04/11/2014. The said ticket booked on 27/09/2014 and all information like passenger name, flight No., date of journey, sector of travel etc. send to the Complainant by SMS and confirmation of correction by the Complainant the ticket was issued. So question of mistake does not arise at all. But on 03/11/2014 he requested by phone to cancel the ticket. Accordingly, the ticket was cancelled on 03/11/2014 and the Complainant was informed the cancellation charge was Rs.1750 and the Complainant is to collect the refund amount of Rs.3508. He also stated that the Complainant came to collect the refund amount of Rs. 3508 but unwilling to put signature on refund voucher for which with agitated mood the Complainant walked out of the Agency office threating the employee of the Agency. Thus, as per the O.P. there is no disservice and as such prayed to dismiss the case. The said W/S sumitted supporting with an affidavit. During hearing the Complainant submitted his deposition supporting affidavit and exhibited e-ticket vide Ext. 1. The contesting O.P also examined the proprietor Dharam Chand Bhura. After ending of evidence both sides counsels submitted written argument.
- Heard oral argument of both sides counsels, perused written argument and perused evidence on record including exhibited documents.
- In this case it is admitted fact that the Air ticket for journey from Kolkata to Silchar on 04/11/2014 has been cancelled on 03/11/2014 as per telephonic request of the Complainant and cancellation charge was deducted Rs.1750/-. It is also a fact that the Complainant has refused to receive the refund amount after deducting Rs.1750/-. The plea of the Complainant is that the ticket was booked for wrong date due to negligence of the employee of the Agency. but the O.P. did not agree, rather took a place that on confirming the date of journey by the Complainant, the ticket was booked.
- However, on careful perusal of the Complaint and deposition of the Complainant it is not found that he requested on phone to book ticket for journey for Kolkata to Silchar for schedule date of journey on 04/11/2014. But the O.P. in the W/S took the plea that the Complainant on phone booked the ticket. But at the same time in view of Ext. 1 e-ticket it is revealed that mode of payment of fare of ticket was on cash. The O.P also stated that payment was made by the Complainant on 27/09/2017 i.e on the date of booking the ticket and mentioned the receipt No.852 dated 27/09/2014.
- Hence, it is presumed that the Complainant came to the office of the O.P. on 27/09/2014 to purchase ticket and on cash payment he received the Ext.1 ticket. Thus, the plea of the O.P. that on phone the Complainant booked the ticket and all particulars such as schedule date of journey on 04/11/2014 also send to the Complainant by SMS are not reliable.
- If the O.P.really send SMS of particulars including date of journey than why the said SMs was not produced before this District Forum to support the plea. The reason for non-producing the alleged SMS is best known to the O.P. Hence, in view of evidence on record it is believable that the allegation taken by the Complainant that on receiving the e-ticket he noticed the date of journey was wrongly given on 04/11/2014 instead of date of journey on 04/12/2014. The Complainant also by oral evidence adduced the said allegation.
- Hence, in our considered view the plea taken by the Complainant that on the date of purchase of ticket on 27/09/2014 he brought the wrong date of journey to the notice of the O.P. is believed and accepted.
- In view of evidence on record it is also admitted fact that though there was a dispute regarding date of journey between the Complainant and O.P. from 27/09/2014 but the Complainant purchased another ticket on 06/10/2014 i.e after 9 (nine) days of booking of disputed ticket for date of journey 01/12/2014 from Kolkata to Guwahati. Said ticket was booked through the O.P. and payment made in 2 (Two) installment. In that aspect the Complainant explained the reasons for purchasing the aforesaid ticket for journey on 01/12/2014 instead of 04/12/2014. The reason cited that as per fare chart dated 06/10/2014 fare for journey date on 04/12/2014 Fare of ticket was high and on 01/12/2014 was low. The said fact is not challenged by the O.P. by adducing evidence.
- However, we find justification to the plea of the Complainant. So, in our considered view the Agency the O.P. booked the Ext.1 e-ticket for journey date on 04/11/2014 wrongly instead of journey date 04/12/2014.
- Therefore, the O.P. is liable for cancellation of Ext.1 e-ticket. As such the cancellation charge and other service charge, if any should be borne by the O.P. At the same time the O.P. is liable to refund full amount of Air ticket received from the Complainant in view of the receipt No.852 dated 27/09/2014 with compensation for mental agony of Rs.3,000/- and cost of proceeding of Rs.2,000/-. Thus total awarded amount aforesaid to be paid within 45 days from today. In default, interest @ 10% per annum on the awarded amount to be paid w.e.f the date of defaulter till realization of the full.
- With the above, this case is disposed of on contest. Supply free certified copy of the judgment to the parties. Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 11th day of December, 2017.
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