BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.304 of 2015
Date of Instt. 17.07.2015
Date of Decision : 07.06.2016
Harmanjeet Singh Sachdeva, aged about 30 years R/o H.No.55, Guru Teg Bhadur Nagar, Jalandhar City.
..........Complainant Versus
1. M/s Mayank Travel Services, 206, 1st Floor, Alfa State Building, 39, GT Road, Jalandhar City through its prop.Raj Kumar.
2. Emirates, DLF Centre, Parliament Street, Delhi, through its Country Manager.
.........Opposite parties
Complaint Under Section 12 of the Consumer Protection Act.
Before: Sh.Bhupinder Singh (President)
Sh.Parminder Sharma (Member)
Present: Sh.Prince Tayal Adv., counsel for complainant.
Sh.Neeraj Kaushik Adv., counsel for OP No.2.
Opposite party No.1 in person.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties (herein called as OP) on the averments that complainant planned to have a family vacation to Dubai and he approached OP No.1 and got booked four return air tickets from Delhi to Dubai on 16.4.2015 and from Dubai to Delhi on 4.5.2015 on payment of Rs.98,000/- vide invoice No.IS/16 dated 7.4.2015 as per internet print out of confirmed air tickets Nos.176-8925723131 to 176-8925723134 from Delhi to Dubai and confirmed air tickets from Dubai to Delhi. However, in the evening of 14.4.2015, complainant received a telephone call from OP No.1 who informed the complainant that all the four confirmed tickets booked by the complainant from Delhi to Dubai and Dubai to Delhi of Emirates Airline have been cancelled by airline Emirates and in lieu of that new air tickets of Jet Airways have been arranged by OP No.1 in the name of complainant and his family members for the same dates and a new print out with confirmed air tickets was handed over to the complainant. The price of the air tickets of Jet Airways, when the complainant got booked the air tickets of Emirates Airline, was Rs.72,800/- only. Complainant submitted that OP has illegally cancelled his confirmed air tickets of Emirates Airline(OP No.2) for their personal gain and profit because the said available tickets might have been sold by the OPs at highly exorbitant prices to some other person. However, the complainant thought not to spoil the whole trip and mood of his family and complainant with heavy heart opted to travel on Jet Airways. The complainant approached OP No.1 to return back the difference of air fare. The hospitality services provided to the complainant in the Jet Airways were not satisfactory and the complainant and his family had to suffer a lot. The OPs have cheated the complainant for earning illegal money. The OPs also did not refund the difference of price of tickets. Complainant also served legal notice upon the OPs dated 11.5.2015 but all in vain. On such averments, the complainant has prayed for directing the OPs to refund the difference of air tickets amounting to Rs.25,200/- alongwith interest. He has also claimed for compensation and litigation expenses.
2. Upon notice, OPs appeared through counsel and filed written replies. In its written reply OP No.1 pleaded that complainant as well as OP No.1 are the victim of misdeeds of OP No.2. The complainant got booked four tickets of Emirates Airline vide invoice dated 7.4.2015 on payment of Rs.98,000/-. The OP No.1 has done his job as he handed over the confirmed tickets to the complainant. OP No.2 had cancelled the confirmed tickets of the complainant and members of his family. OP No.1 made correspondence with OP No.2 on mails for reinstatement of the confirmed booking of air tickets of complainant and his family member. However, OP No.2 did not pay any heed to the request of the OP No.1. OP No.1 in order to maintain his goodwill in market, arranged the Jet Airways tickets for the complainant and his family for the same dats of departure and return, so that complainant and his family do not have to spoil holiday trip. OP No.1 had to pay fare of new air tickets of Jet Airways from his own pocket. OP No.2 even did not refund the price of the cancelled air tickets to OP No.1. So, OP No.1 could not refund the difference of price of air ticket of Emirate Airline and Jet Airways.
3. In its separate written reply, OP No.2 pleaded that the tickets of complainant were booked trough agent OP No.1 which were cancelled on the very next day of booking on account of conduct of said agent in trying to illegally cancel partial booking. OP No.2 submitted that the tickets issued were not utilized by the complainant and as per procedure are required to be refunded to OP No.1 by OP No.2. OP No.2 further submitted that fare for sector Delhi to Dubai and Delhi stated to be Rs.98,000/- was part of the total fare for the entire sectors Delhi-Dubai-ICN (Seoul)-Dubai-Delhi. OP No.1 had initially made booking for the sectors Delhi-Dubai-ICN(Seoul) and return. OP No.1 submitted to cancel the booking for sectors Dubai-ICN (Seoul), which was not permissible. As such, the entire tickets of complainant and his family were cancelled by OP No.2. Mr.Kumar of OP No.1 was informed that cancellation was done as ICN (Seoul) was sold and then cancelled and booking retained for only Delhi to Dubai. The entire booking stood automatically cancelled on 8.4.2015 on account of partial cancellation by OP No.1 and OP No.1 was well aware of said facts.
4. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C9 and closed evidence
5. On the other hand, Proprietor of OP No.1 has tendered affidavit Ex.OP1/A alongwith copies of documents Ex.OP1 to Ex.OP16 and closed evidence. Further learned counsel for OP No.2 has tendered affidavit Ex.OP2/A alongwith copy of document Ex.R1 and closed evidence.
6. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.
7. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant planned to have a family vacation to Dubai and he approached OP No.1 and got booked four return air tickets from Delhi to Dubai on 16.4.2015 and from Dubai to Delhi on 4.5.2015 on payment of Rs.98,000/- vide invoice No.IS/16 dated 7.4.2015 Ex.C2, as per internet print out of confirmed air tickets Nos.176-8925723131 to 176-8925723134 from Delhi to Dubai and confirmed air tickets from Dubai to Delhi Ex.C3. However, in the evening of 14.4.2015, complainant received telephone call from OP No.1 who informed the complainant that all the four confirmed tickets booked by the complainant from Delhi to Dubai and Dubai to Delhi of Emirates Airline have been cancelled by airline Emirates and in lieu of that new air tickets of Jet Airways have been arranged by OP No.1 in the name of complainant and his family members for the same dates and a new print out with confirmed air tickets Ex.C4 was handed over to the complainant. The price of the air tickets of Jet Airways, when the complainant got booked the air tickets of Emirates Airline, was Rs.72,800/- only. Complainant submitted that OP has illegally cancelled his confirmed air tickets of Emirates Airline (OP No.2) for their personal gain and profit because the said available seats might have been sold by the OPs at highly exorbitant prices to some other persons. However, the complainant thought not to spoil the whole trip and mood of his family and complainant with heavy heart opted to travel on Jet Airways. The complainant approached OP No.1 to return back the difference of air fare. The hospitality services provided to the complainant in the Jet Airways were not satisfactory and the complainant and his family had to suffer a lot. The OPs have cheated the complainant for earning illegal money. The OPs also did not refund the difference of price of tickets. Complainant also served legal notice dated 11.5.2015 Ex.C5 upon the OPs through registered post, postal receipts of which are Ex.C6 and Ex.C7. OP No.1 submitted reply in which they admitted that all the four tickets of complainant and his family were cancelled by Emirates Airline and he felt sorry. OP No.1 also submitted that they have not received refund of Emirates Airline tickets. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.
8. Whereas the case of the OP No.1 is that complainant as well as OP No.1 are the victim of misdeeds of OP No.2. The complainant got booked four tickets of Emirates Airline vide invoice dated 7.4.2015 Ex.C2 on payment of Rs.98,000/-. OP No.1 has done his job as he handed over the confirmed tickets Ex.C3 to the complainant. OP No.2 had cancelled the confirmed tickets of the complainant and his family. OP No.1 made correspondence with OP No.2 on mails for reinstatement of the confirmed booking of air tickets of complainant and his family member. However, OP No.2 did not pay any heed to the request of the OP No.1. OP No.1 to maintain his goodwill in market, arranged the Jet Airway tickets for the complainant and his family for the same dates of departure and return, so that complainant and his family do not have to spoil holiday trip. OP No.1 had to pay fare of new air tickets of Jet Airways from his own pocket. OP No.2 even did not refund the price of the cancelled air tickets to OP No.1. So, OP No.1 could not refund the difference of price of air ticket of Emirate Airline and Jet Airways. OP No.1 submitted that there is no deficiency of service on the part of the OP No.1 qua the complainant.
9. Whereas the case of the OP No.2 is that the tickets of complainant Ex.C3 were booked trough agent OP No.1 which were cancelled on the very next day of booking on account of conduct of said agent in trying to illegally cancel partial booking. OP No.2 submitted that the tickets issued were not utilized by the complainant and as per procedure are required to be refunded to OP No.1 by OP No.2. OP No.2 further submitted that fare for sectors Delhi to Dubai and Delhi stated to be Rs.98,000/- was part of the total fare for the entire sectors Delhi-Dubai-ICN (Seoul)-Dubai-Delhi. OP No.1 had initially made the booking for the sectors Delhi-Dubai-ICN(Seoul) and return. OP No.1 submitted to cancel the booking for sectors Dubai-ICN (Seoul), which was not permissible. As such, the entire tickets of complainant and his family were cancelled by OP No.2. Mr.Kumar of OP No.1 was informed, that cancellation was done as ICN (Seoul) was sold and then cancelled and booking retained for only Delhi to Dubai. The entire booking stood automatically cancelled on 8.4.2015 on account of partial cancellation by OP No.1 and OP No.1 was well aware of said facts. Learned counsel for the OP No.2 submitted that under these circumstances, there is no deficiency of service on the part of the OP No.2 qua the complainant.
10. From the entire above discussion, we have come to the conclusion that complainant in order to enjoy his holidays/vacations at Dubai with his family, got booked four tickets of OP No.2 from OP No.1 of Emirates Airline for a sum of Rs.98,000/- vide invoice dated 7.4.2015 Ex.C2 and the OP No.1 provided internet print out of confirmed air tickets bearing e-tickets Nos. 176-8925723131 to 176-8925723134 Ex.C3 from Delhi to Dubai on 16.4.2015 and from Dubai to Delhi on 4.5.2015. However, OP No.2 cancelled the air tickets of the complainant and his family and OP No.1 informed to the complainant on the evening of 14.4.2015 that his aforementioned four tickets of Emirates Airline have been cancelled by OP No.2 and in lieu of that OP No.1 handed over air tickets of Jet Airways for the same dates to the complainant without assigning any reason. The reason assigned by OP No.2 is totally baseless and not tenable. They have stated that OP No.1 booked four tickets of complainant and his co-passengers for Delhi to ICN (Seoul) via Dubai and return tickets by making payment of Rs.98,000/- and this was total fare for the entire sectors and return tickets. Thereafter, OP No.1 tried to cancel the partial booking from sectors Dubai to Seoul and return from Seoul to Dubai which was not permitted. As such, the entire tickets of the complainant and his family members were cancelled. OP No.2 could not produce any evidence that OP No.1 initially got booked four tickets of complainant and his family for the aforesaid period from Delhi to Dubai and then to Seoul and return tickets. This story has been propounded/created by OP No.2 just to wriggle out from this liability vide which OPs have cheated the complainant because the complainant has purchased the highly paid tickets of Emirates Airline from Delhi to Dubai for 16.4.2015 and Dubai to Delhi for 4.5.2015 and OP handed over the confirmed tickets to the complainant Ex.C3. Both the OPs i.e. OP No.1 M/s Mayank Travel Services and OP No.2 Emirates Airline have relationship of agent and principal. As such, both agent and principal are liable for any act of cheating committed by either of them with the complainant/consumer. OPs cancelled these tickets of Emirates Airline without any cogent reason. As such, they were liable to refund the difference of air tickets amounting to Rs.25,000/-, OP No.1 in order to save its own skin as well as skin of OP No.2 issued air tickets of Jet Airways for the same dates to the complainant and his family i.e. Ex.C4 and the complainant and his family had to go on tour to Dubai on Jet Airways. OPs were liable to refund difference of price of tickets of Emirates Airline and Jet Airways which amounts to Rs.25,000/- because on the date when the complainant got booked aforesaid four tickets for himself and his family of Emirates Airline on 7.4.2015, the price of tickets of Emirates Airline was Rs.98,000/- whereas the price of tickets of Jet Airways was Rs.72,800/- and this fact has not been rebutted by the OPs in their evidence. Complainant had to travel with heavy heart through Jet Airways from Delhi to Dubai and return from Dubai to Delhi on Jet Airways instead of Emirates Airline, so that the tour of his family should not be spoiled and all this amounts to deficiency of service on the part of both the OPs qua the complainant. OP NO.2 can not wriggle out from this liability i.e. deficiency of service only on the ground that OP No.1 had made several requests to OP No.2 regarding reinstatement of aforesaid tickets because agent as well as his principal are liable for acts committed either by the agent or by the principal.
11. Consequently, we allow the complaint with cost and both the OPs are directed to refund this amount of Rs.25,000/- jointly as well as severally to the complainant. OPs are also directed to pay compensation to the tune of Rs.20,000/- to the complainant on account of harassment and mental agony suffered by the complainant and his family. The OPs are also directed to pay the cost of litigation to the tune of Rs.3000/- to the complainant. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Bhupinder Singh
07.06.2016 Member President
