IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 22nd day of April, 2024
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
C C No. 225/2023 (Filed on 21-07-2023)
Complainant : Ajayakumar V.A,
Valayil House,
Muttappally P.O,
Muttappally,
Kottayam – 686 510.
Vs.
Opposite Parties : 1. M/s.BOOK MY SHOW,
BIG TREE ENTERTAINMENT Pvt.Ltd., Ground Floor, Wajeda House,
Gulmohar Cross Road,
No.7, Juhu Scheme,
Andheri, West Mumbai,
Maharashtra - 400 049.
(By Adv: Manu.J.Varappally)
2. The Manager,
RD Cinemas,
Mundakkayam.
O R D E R
Sri. Manulal V.S. President
The complaint is filed under section 35 of the Consumer Protection Act 2019.
Case of the complainant is as follows :
The complainant booked five tickets of Malikapuram movie through the website of the 1st opposite party for the show which was scheduled on 9-01-2023 at 9:30 p.m at the 2nd opposite party’s theatre. The complainant paid Rs.852.50 towards the price of ticket to the 1st opposite party through net banking from his bank account. The complainant was not informed about the confirmation of the booking of the ticket by the 1st opposite party. Due to the non-receipt of the confirmation message of the booking of the tickets the 2nd opposite party denied seats to the complainant. Thereafter as directed by the 2nd opposite party and the representative of the 1st opposite party the complainant purchased another five tickets from the 2nd opposite party to watch the movie.
After that the complainant lodged a complaint with the 1st opposite party through the chat box. On 10-01-2023 the complainant received an e-mail confirming the transactions. After that though the complainant contacted the customer care of the 1st opposite party they did not care to refund the amount paid by the complainant. Hence this complaint is filed by the complainant praying for an order to direct the opposite parties to refund Rs. 852.50 and to pay Rs.10,000/- as compensation for the mental agony and the loss caused to him.
Upon notice from this Commission 1st opposite party appeared before the Commission and filed version. Despite the receipt of notice on 3/08/2023 the 2nd opposite party did not care to appear before the Commission or to file version. Hence the 2nd opposite party declared as ex-parte.
Version of the 1st opposite party is as follows :
M/s. Big Tree Entertainment Private Limited is a company registered under the provisions of the Companies Act having its registered office at Mumbai operates an online entertainment ticketing portal and the mobile application under the brand name “Book My Show” which is an internet-based ticket booking platform. The 1st opposite party through its website and mobile application provides the facility to reserve or book tickets for cinemas, plays, concerts and sports event throughout India.
The complainant on 9-01-2023 tried to make four transactions/bookings through the website of the 1st opposite party for the show which was scheduled on 9-01-2023 at 9:30 p.m at the 2nd opposite party’s theatre, wherein two transactions/bookings were unsuccessful and the complainant was not charged for the same. That in one transaction/booking made on 9-01-2023 at 12:38 p.m against which is the present complaint has been filed. The complainant booked 5 tickets of Malikapuram Cinema through the website of the 1st opposite party for the show which was scheduled on 9-01-2023 at 9:30 p.m at the 2nd opposite party’s theatre. The complainant paid Rs.852.50 towards price of the tickets having the booking ID Number RDCN 0000267154 and the transaction ID Number 3497013350. The tickets booked against the aforesaid transaction/booking were confirmed by the 1st opposite party and were sent to the complainant on his e-mail address on the same day itself at 12:40 p.m. However the confirmation message could not be technically delivered on the complainant’s mobile phone number since the complainant had provided incorrect or invalid mobile number at the time of booking.
On 9-01-2023 the complainant contacted the 1st opposite party via LIVE CHAT but he was not satisfied with the bot reply hence connected to the live agent but there was a delay in responding due to surge in interaction hence the complainant went inactive. Thereafter on 17-1-2023 the complainant contacted the 1st opposite party asking for the refund wherein the agent of the 1st opposite party informed the complainant that “as of now we have not received the amount. If we receive the amount you will get your refund within the next 5 to 7 working days. Some banks may take 10 working days”. Thereafter on 25-1-2023 the complainant again contacted the 1st opposite party via email asking for the refund. However post checking with the email address it was observed that five tickets were confirmed against which a confirmation email dated 9-01-2023 was successfully delivered to the complainant at 12:40 p.m i.e. the post two minutes of the booking. On 26-01-2023 the 1st opposite party replied the complainant that if he had been charged or debited for the failed booking the amount would be refunded by his bank within 5 to 7 working days although it does not take that long. The 1st opposite party also asked the complainant to share his latest bank statement from the date he tried to book the tickets till date so they could check and help the complainant accordingly. Thereafter the complainant on 2-02-2023 shared his bank statement with 1st opposite party wherein the 1st opposite party came to know that there were two successful transactions or bookings against which the complainant was charged by the 1st opposite party. There were also two unsuccessful transactions for which the complainant was not charged. The 1st opposite party while the e-mail dated 3-02-2023 advised to the complainant to re-check the bank statement from his end. There was no deficiency on the part of the 1st opposite party at any point of time. The complainant cannot ask for the refund for the transactions or bookings in question for a successful transaction.
Complainant filed proof affidavit and marked Exhibits A1 to A5. Pooja Mitra who is the Authorised Signatory of the 2nd opposite party filed proof affidavit and marked Exhibits B1 to B5 from the side of the 2nd opposite party.
On evaluation of complaint, version and evidence on record we would like to consider the following points :
(1) Whether the complainant had succeeded to prove deficiency in service or unfair trade practice on the part of the opposite parties?
(2) If so, what are the reliefs and cost?
For the sake of convenience we would like to consider Point Nos. 1 & 2 together.
POINT Nos. 1 & 2 :-
There is no dispute on the fact that the complainant had booked 5 tickets of Mallikapuram movie through the website of the 1st opposite party for the show which was scheduled on 9-01-2023 at 9:30 p.m at the 2nd opposite party’s theatre. It is also admitted by the 1st opposite party that the complainant paid a total amount of Rs.852.50 towards the price of the tickets. It is also proved by Exhibit A5 which is the account statement of the complainant on 9-01-2023 that the complainant had transferred Rs.852.50 to the 1st opposite party through net banking.
The specific case of the complainant is that the 2nd opposite party did not allow him to occupy the booked seats stating that the confirmation message was not delivered by the 1st opposite party. So he purchased another five tickets from the counter of the 2nd opposite party theatre by paying a total amount of Rs.700/- to watch the movie. It is proved by Exhibit A4(series) that the complainant had purchased 5 tickets on 9-01-2023 from the counter of the 2nd opposite party for the show which was scheduled at 9:30 p.m by paying Rs.140/- for each ticket.
Complaint was resisted by the opposite parties stating that the bookings were confirmed by the 1st opposite party and confirmation messages were sent to the complainant on his email address i.e. ajaykumarva@yahoo.com on the same day at 12:30 p.m. They further contented that confirmation message could not be delivered on the complainant’s mobile number since the complainant had provided incorrect or invalid mobile number at the time of booking.
It is further proved by Exhibit A1 that the complainant had contacted the 1st opposite party through LIVE CHAT on 9-01-2023 at 11.56 p.m. On going through Exhibit A1 we can see that the 1st opposite party requested the mobile number of the complainant and the complainant provided his correct mobile number. Then the 1st opposite party replied to the complainant that to select the concerned booking. It is further proved that the complainant replied to the 1st opposite party that his ticket is not in the list. Then the reply from the 1st opposite party was that they could not fetch transaction details based on the provided details. And it is proved that the 1st opposite party closed the chat with the complainant stating that they were not able to hear the complainant due to surge in interaction. From this it is evident that the 1st opposite party is aware about the non-confirmation about the booking of the ticket on 9-01-2023 at 11:56 p.m. Though the 1st opposite party became aware of the non-delivery of the confirmation message to the complainant and obtained correct mobile number of the complainant through the chat communication they did not send the booking confirmation to the mobile number of the complainant.
Another contention raised by the 1st opposite party is that they have sent the confirmation message to the complainant through e-mail address of the complainant. The 1st opposite party produced Exhibit B3 booking information. On going through the Exhibit B3, we cannot see that the same was sent to the complainant through the email address provided by him. Similarly on a close perusal of Exhibit B4 which was a system generated booking confirmation we cannot see that the same was sent to the e-mail address of the complainant as claimed by the 1st opposite party. The said document neither contained the e-mail address of the complainant nor the 1st opposite party. However Exhibit B5 which was an e-mail sent by the 1st opposite party to the complainant on 26-01-2023 and 3-02-2023 contains the e-mail address of the 1st opposite party and the complainant. Therefore we cannot accept the contention of the 1st opposite party that the confirmation message was sent to the complainant through his e-mail. Had the 1st opposite party send the confirmation message of booking to the complainant he would be able to watch the movie without purchasing another ticket from the 2nd opposite party.
It is submitted by the 1st opposite party in the version as well as in the proof affidavit that the 1st opposite party operates an online entertainment ticketing portal and the mobile application which is an internet-based ticket booking platform. Thus the 1st opposite party offered the service to their customers for booking the tickets for cinemas, plays etc.
Section 2(11) of the Consumer Protection Act 2019 defines deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract otherwise in relation to any service and includes any act of negligence or omission or commission by such a person to the consumer and deliberate withholding of relevant information by such words and to the consumer. Thus the non-delivery of confirmation message of booking of tickets for which the 1st opposite party offered their service to the complainant amounts to deficiency in service.
It is proved by the e-mail communications between the complainant and the 1st opposite party that the 1st opposite party has not refunded the amount which was received by them by the complainant for booking the tickets. On going through the Exhibit B3 we can see that the 1st opposite party has received Rs.147. 50 as the convenience fees and Rs.5/- under other items. Therefore we are of the opinion that the 1st opposite party has received a consideration of Rs.152.50 for their service charge apart from the actual ticket amount of Rs.700/-.
No doubt the complainant who booked the movie tickets for himself and his family members for an entertainment had put much mental agony and hardships due to the deficient and unfair trade practice of the 1st opposite party and for which the 1st opposite party is liable to compensate. In these circumstances we allow this complaint and pass the following order:
We hereby direct the 1st opposite party to refund Rs.852.50 to the complainant with 9% interest per annum from 9-01-2023 till the date of realisation.
We hereby direct the 1st opposite party to pay Rs.5,000/- (Rupees Five Thousand only) as compensation to the complainant for the deficiency in service and unfair trade practice on the part of the 1st opposite party and to pay Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as the cost of this litigation.
The order shall be complied with in 30 days from the date of receipt of copy of this order, failing which the compensation amount shall carry interest @9% per annum from the date of this order till realisation.
Pronounced in the Open Commission on this the 22nd day of April, 2024
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
APPENDIX
Exhibits marked from the side of complainant :
A1 - Copies of Chats/e-mails done by the complainant
to the Customer Experience of the 1st opposite party
A2 - Copy of GST Invoice dated 9/01/2023 for Rs.147.50
issued by the 1st opposite party
A3 - Copy of e-mail Ticket confirmation dated 10/01/2023
at 12.45 p.m issued by the 1st opposite party
A4(series) - Copy of Cinema Tickets(5 Nos)
A5 - Copy of Bank Account Statement of the complainant
for the period 09/01/2023 to 10/01/2023
Exhibits marked from the side of opposite parties:
B1 - Copy of Authority letter
B2 - Copy of the transactions/booking details
B3 - Copy of Booking confirmation/Ticket
issued by the 1st opposite party
B4 - Copy of details of system generated booking/
transaction/confirmation dated 9/01/2023
B5 - Copy of e-mails dated 26/01/2023 and 3/02/2023
sent by the 1st opposite party to the complainant
By Order,
Sd/-
Assistant Registrar
