SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP’s jointly and severally liable to pay an amount of Rs.2,12,000/- as  compensation  to the complainant for the  deficiency of service and unfair trade practice on their part.

  The case of the complainant in brief :

     The complainant booked a flight ticket on 9/8/2022 through the agency of the OP to travel from Bangalore to Malta on 16/9/2022 by paying  a total sum of Rs.55,000/- and 2^nd OP have issued a document claimed to the  copy of  the ticket via his whats app(9746448714) to the whatsapp (9544232820) of complainant’s brother Nivin Sunny and promised to send the original tickets via post to the address of the complainant before his date of departure.  On 9/8/2022 itself the complainant transferred the amount directly to the account of the 2^nd OP via Google pay from the account of Mrs.Bincy J.K who is the sister in law of the complainant (transaction ID 22218569721) .  Then the complainant have not received the original ticket delivered  via post as promised by 2^nd OP till 15/9/2022 and being  suspicious the complainant verified the tickets on 15/9/2022 with available copy of the ticket it was learned that the document issued by the OP in complainant’s favour was a fake one and there was no such ticket booked in the name of complainant.  On 15/9/2022 itself the complainant contacted OP’s through telephone and 2^nd OP purposefully evaded the complainant’s  call and ignored to arrange the  proper ticket to complainant.  Then the complainant constrained to arrange another ticket at the last moment through another agency namely Global tours and travels on 15/9/2022 at  a hiked price of Rs.1,12,300/- from Kochi to Malta on 19/9/2022.  The act of the OP’s the complainant caused much mental agony and financial loss.  If the  OPs could have arranged  a proper and genuine ticket at the first instance the complainant could have avoided the unnecessary  tension and financial loss.  Then the complainant send a lawyer notice to 2^nd OP on 19/9/2022.  But the OP unclaimed the notice. So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

           After filing the complaint, notice  issued to both  opposite parties. 1^st OP refused the notice and 2^nd  OP served the notice and not appeared before the commission and not filed version.   The commission had to  hold that the OP’s have no version  as such this case came to be proceed against the   opposite parties  as  exparte.

    Even though the opposite parties have remained ex-parte, it is for the complainant to establish the allegations made by them against the OPs.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the power of attorney holder of complainant has chosen to produce his affidavit along with 6 documents  marking them as  Exts.A1 to A6 and the power of attorney holder was examined as PW1.   So the opposite parties remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents of the complainant.  Ext.A1 is the copy of  lawyer notice issued by complainant to OPs.  Ext.A2 is the postal receipt and Ext.A3 is the copy of ticket issued through Global Tours and travels scheduled on 16/9/2022.  In Ext.A4 is the  statement of Kerala Gramin Bank account, Karuvanchal branch from 1/8/2022 to 31/8/2022.  In Ext.A5 is the invoice issued by Global Tours and travels dtd.15/9/2022 in favour of Nikhil Sunny.  The complainant paid an amount of Rs.1,12,300/- to the charge of air ticket.  In Ext.A6 is the unserved lawyer notice.  According to the complainant the OPs received an amount of Rs.55,000/- on 9/8/2022  from complainant promised to send the original ticket via post to the complainant.  But the 2^nd OP issued the document to complainant was a fake one and cheated the complainant.  Then the complainant constrained to arrange another ticket at the last moment through Global tours and travels on 15/9/2022 at a hiked price of Rs.1,12,300/- from Kochi to Malta on 19/9/2022 which caused great financial loss.  So the OPs bound to refund the air ticket charge of Rs.1,12,300/- to the complainant. There is deficiency of service and unfair trade practice on the part of  opposite parties.  Under this circumstances we are of the considered view that the OPs are directly bound to redressal  the grievance caused to the complainant. So the complainant is  entitled to get the air ticket charge of Rs.1,12,300/- along with compensation of  Rs.20,000/- and Rs.5000/- as litigation cost.

            In the result, the complaint is allowed in part directing  the opposite parties jointly and severally liable to pay an amount of  1,12,300/- as the air ticket charge to the complainant along with compensation of  Rs.20,000/- and Rs.5000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.1,12,300/- carries interest@ 12% per annum  from the date of order till realization , failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1- Copy of lawyer notice

A2- Postal receipt

A3- copy of ticket scheduled on 16/9/2022

A4- statement  of bank account  from 1/8/22 to 31/8/22

A5- Invoice

A6- lawyer notice returned  unserved

PW1-Nivin  Sunny– P.A holder of Complainant

Sd/                                                                Sd/                                                                               Sd/

PRESIDENT                                  MEMBER                                           MEMBER

Ravi Susha                             Molykutty Mathew                                     Sajeesh K.P

eva                                                              

                                                                         /forwarded by Order/

ASSISTANT REGISTRAR