ORDER

SMT.SHARAVATHI S.M., MEMBER

1.     This complaint is filed by the Complainant under Section 35 of Consumer Protection Act 2019, against the OP alleging the deficiency in service in not refunding  a sum of Rs.205,989 and for refunding of the said amount along with interest at 18% per annum and for Rs.2,00,000/- as damages and to order such other reliefs as the Commission deems fit.
2. The brief facts of the complaint are that, the complainant in order to go to Jodhpur to join his family for a function was searching for a room at Jodhpur. He found on the website that the hotel “PARK PLAZA” was suitable for him and the website showed that it charges Rs.3,812/- per day per room. Hence he booked 2 rooms for 3 days i.e. from 26.01.2020 to 29.01.2020 which amounted to Rs.22,876.60 and he paid the same through credit card to OP. OP while entering the details mentioned it as Rs.2,28,766/- and said amount was debited to his credit card. When he received the credit card statement on 10.02.2020, he found the said fact and immediately he sent an email to OP whereas instead accepting the mistake, OP remained silent. When he sent a registered letter on 09.03.2021, OP did not respond and preferred to be silent. Hence there is deficiency in service in not refunding the excess amount received by him and filed the complaint for  refund of the said amount along with interest at 18% per annum and for damages of Rs.2,00,000/- and for litigations expenses.

3. Upon the service of notice, OP appeared before the commission and filed version contending that it is not within its knowledge regarding the payment.  The contents of the complaint are false and same to be proved by the complainant. It is further contended that the transaction between the complainant and the OP is through online and whatever reply received by the complainant is automatic and OP cannot charges excess as it desires because payment option was with the complainant only and he had to check before making payment. Hence there is no deficiency of service on its part. When the required amount of Rs.22,876/- is paid any excess amount paid is on the fault of the complainant and not on its part(OP).  When the same was brought to its notice regarding the excess payment, OP could not attempt to verify the request of the complainant and wanted to verify the records as there was a nationwide lockdown due to pandemic and his employees were not available and as there was no business it required sufficient time to verify the record and to refund the excess amount paid by the complainant.

4. It is contended that complainant had to pay a sum of Rs.53,776/- towards booking of rooms and on the request of the complainant, OP has returned Rs.10,000/- to the complainant by transferring to his account and that it will pay the remaining Rs.1,65,000/- after confirming excess payment by verifying its records. Under the above circumstances, there is no fraud or theft committed by OP whereas it is due to the mistake of the complainant only excess payment was made and complaint is liable to be dismissed and hence prayed for the same. 

5. In order to prove the case, Complainant filed affidavit evidence and produced documents. Arguments heard. The following points arise for our consideration:-

1. Whether the complainant has proved unfair trade on the part of the opposite party?

2. Whether the complainant is entitled to the relief prayed for in the complaint?

6.  Our answers to the above points are:-

POINT NO 1: IN THE AFFIRMATIVE

POINT NO 2: PARTLY IN THE AFFIRMATIVE

                       For the following.

REASONS

POINT NO 1:-

7.    Upon perusing the complaint, version, evidence produced by the respective parties, it becomes clear complainant booked 2 rooms for 3 days at Jodhpur with “HOTEL PARK PLAZA”.  The amount payable by the complainant at the rate of Rs.3,812/- for 3 days for 2 rooms was Rs.22,876.60. According to the complainant he paid the amount of Rs.2,28,766/-. Probably by mistake while sending the amount he forget to put a point after Rs.22,876/- and cleared the online payment. Hence a sum of Rs.2,28,766/- was credited to the account of the OP. The same has been established by the credit card statements produced by the complainant. The said amount has been credited to the account of OP on 04.01.2020. Email correspondences has also been made with the OP and the complainant has demanded refund of Rs.2,05,898/-.

8.    OP in the version has contended that the amount payable by the complainant was Rs.53,776/- and that it has received Rs.2,28,766/- and has refunded Rs.10,000/- to the complainant on his request and ready to refund of Rs.1,65,000/- after verifying the records. When this admission in the version is taken into consideration, it becomes clear that Op received Rs.2,28,766/- instead Rs.22,876.60.

9.    Though it may not be negligent act or deficiency in service attributable to OP, as a prudent business man or organization it ought to have refunded the excess amount it has collected from the complainant at the earliest. Though OP has claimed it has sent Rs.10,000/- to the complainant and the complainant has to pay Rs.53,776/-, OP has not at all placed any materials in this respect to substantiate the payments made by it. Hence act of OP in retaining the amount inspite of demand through legal notice amounts to unfair trade practice and deceiving the consumer/customer. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2:-

10. In  the result OP is liable to return Rs.2,05,898/- along with interest at 18% per annum as the same has been paid by the complainant by using the credit card and the credit card authorities charge heavy interest on the said amount in case of default. Further OP has utilized the said amount for its business.  Further the Complainant has also sought for damages of Rs.2,00,000/- for harassment as punitive damages. No concrete and supportive evidence is produced to substantiate the said claim. Further it is not the fault of the OP as mentioned above there whereas the negligence and mistake is on the part of complainant in paying a huge amount without acting diligently.  Inspite of it, it was the duty of the OP to refund the said amount within a reasonable time when the matter was brought to its knowledge. As a prudent businessman, it ought to have refunded the same which it failed to do so. Hence the complainant was put to lot of mental tension, agony, for which it has to pay compensation of Rs.25,000/- and Rs.5,000/- towards litigation expenses. Hence we answer POINT NO 2 PARTLY IN THE AFFIRMATIVE and pass the following:-

ORDER

1. Complaint is allowed in part with cost.
2. OP i.e M/s Easy Trip Planners Ltd., Represented by its Managing Director/Authorized Signatory is hereby directed to refund a sum of Rs.2,05,898/-  to the complainant along with interest at 12% per annum from 04-01-2020  to till the date of payment.
3.  OP is further directed to pay Rs.25,000/- towards damages and Rs.5,000/- towards cost litigation expenses to the complainant.
4. The OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.              

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 08^th day of NOVEMBER 2021)

MEMBER                   PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Comparative statement of the prices in respect of the service offered by other agencies.

Ex P2: Email correspondence.

Ex P3: Copy of the Letter written by the complainant to OP.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: -Nil -

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                        PRESIDENT

RAK*