In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   142 / 2009.

1)                   Sri Samrat Mukherji,

5/1, Rameshwar Shaw Road, Kolkata-700014.                                         ---------- Complainant

---Versus---

1)                   M/s. Gaurav Travels Private Limited,

46 D, Rafi Ahmed Kidwai Road, Kolkata-700016.

2)                   The manager, Customer Relations, AIR INDIA,

39, Chittaranjan Avenue, Kolkata-700012.                                                ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

Order No.   2 5    Dated  1 6 / 0 3 / 2 0 1 2 .

            The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Sri Samrat Mukherjee against the o.p. M/s Gaurav Travels Pvt. Ltd. The case of the complainant in short is that he took 12 tickets of Air India from Kolkata to Joypur and back through o.p. no.1 on 8.4.09 for his journey along with his family. The journey was scheduled to be held on 2.10.08 by flight no.IC 267 and return by 15.10.08 in flight no.IC 269. Complainant paid Rs.57,720/- for the tickets. A few days before his journey o.p. no.1 informed complainant that the tickets for his return journey on 15.10.08 has been cancelled and the same has postponed to 16.10.08. Complainant had to extent his stay at Joypur accordingly.

            When on 2.10.08 complainant presented the onward tickets at the airport for issuance of boarding pass he was informed that his status was shown “Invalid Tickets”. Finding no other alternative complainant had to purchase instant tickets by paying Rs.63,900/- and boarded the flight to Joypur. When contacted o.p. no.1 in their letter dt.18.10.08 informed complainant that due to some unavoidable reasons the tickets were cancelled. Complainant made several correspondences for refund of the said money which he had incurred for purchase and tickets and also correspondences was made to o.p. no.2, but no relief was sought for against o.p. no.2. Hence the instant case was filed by complainant with the prayer made in the prayer portion of the petition of complaint.

            O.p. no.2 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Matter was heard ex parte against o.p. no.1 as o.p. no.1 did not contest the case by filing w/v.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. From the written version filed by o.p. no.2 it is seen that o.p. no.2 shouldered all the responsibility as against o.p. no.1 as the agency of o.p. no.1 was terminated by o.p. no.2 prior to purchase of the tickets by complainant. It is also seen from the petition of complaint and the materials on record that complainant received the original purchase amount of the tickets purchased from o.p. no.1 and this factum will be evident from the prayer portion of the petition of complaint itself and it is further reflected that no relief was sought for as against o.p. no.2 by complainant. Now position boiled down towards payment of extra amount paid by complainant for purchase of subsequent tickets at airport of Rs.6180/-. In view of the findings above and on perusal of the entire materials on record we find that o.p. no.1 had clear deficiency on its part being a service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed ex parte as against o.p. no.1 with cost and on contest as against o.p. no.2 without cost. O.p. no.1 is directed to refund extra amount of Rs.6180/- (Rupees six thousand one hundred eighty) only together with interest @ 9% p.a. till the date of purchase till the date of  realization and is further directed to pay compensation of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only to complainant for his harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

Supply certified copy of this order to the parties.

   _____Sd-_____                                              _________Sd-_________

     MEMBER                                                           PRESIDENT