Tamil Nadu

South Chennai

CC/91/2020

Kumaresan Ramaswamy - Complainant(s)

Versus

M/s. IBIBO Private Limited, Rep by its Manager. - Opp.Party(s)

M/s Rajesh Vivekananthan

29 Jul 2022

ORDER

Date of Complaint Filed: 09.08.2019

Date of Reservation     : 18.07.2022

Date of Order              : 29.07.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,         : MEMBER II

 

CONSUMER COMPLAINT No.91/2020

FRIDAY, THE 29^thDAY OF JULY2022

Kumaresan Ramasamy,

Plot No.909, B-1, First Floor,

66^th Street, 11^th Sector,

K.K Nagar,

Chennai – 600 078.                                                            ... Complainant    

 

..Vs..

M/s. IBIBO Private Limited,

19^th Floor, DLF Epitome Building,

No.5, Tower-B, DLF Cyber City,

Guruaom 122002.                                                         ...  Opposite Party

 

******

Counsel for the Complainant          :M/s. R.Rajesh Vivekananthan

Counsel for the Opposite Party       :Exparte

 

        On perusal of records and after having treated the written arguments of the Complainant as oral arguments, we delivered the following:

 

ORDER

Pronounced by the Member-I, Thiru.T.R.Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party to refund the said amount of Rs.60,753/- to the Complainant and further compensate him with a sum of Rs.2,00,000/- towards inconvenience, compensation for deficiency in service and mental agony caused to the Complainant and to pay a sum of Rs.10,000/- towards the cost of this complaint.

2.     The averments of Complaint in brief are as follows:-

                The Complainant had booked a flight ticket on 29.03.2019 with the Opposite Party to travel from Chennai – Singapore – Jakarta – Kuala lumpur– Chennai for two passengers for travelling on 08.05.2019 for a sum of Rs,90,296/-.  His booking ID is AMDWZ4590. Since there was a mistake in the passenger names in the booking, he wanted to either change the name or cancel the booking. Hence, he immediately called the Opposite Party who advised him to cancel the booking and book again. Subsequenly the booking was cancelled. He received the confirmation mail on 29.03.2019 that the booking was cancelled and after deducting an amount Rs.2696/- the remaining amount will be refunded within 5 to 14 working days. On 05.04.2019 the Complainant received a mail from the Opposite Party that refund process has been completed and money has been credited successfully.  The Complainant had reminded the Opposite Party through his mails that he has not received the refund but no reply or clarification from the Opposite Party. The Complainant has been talking to various representative of the Opposite Party with no solution. The Complainant has undergone lot of mental stress and mental torture because of lethargic and careless attitude of the Opposite Party. His hard earned savings money of Rs.87,600/- lying in the hands of the Opposite Party without any valid reason. The Complainant issued a legal notice dated 30.04.2019 to the Opposite party to refund the said sum of Rs.87,600/- and compensation for which the Opposite party had sent reply seeking details of the Complainant. Hence the Complainant issued a rejoinder dated 03.06.2019 with details. Thereafter the Opposite Party has credited a sum of Rs.10,311/- in his account and again credited a sum of Rs.16536/- in all a sum of  Rs.26,748/-was refunded to the Complainant. The non refund of the money amounts to deficiency of service and unfair trade practice. Hence the Complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-12 were marked. Inspite of sufficient notice to the Opposite Party, the Opposite party did not appear before this Commission and remained exparte.

4.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

The case of the Complainant is that he had booked flight ticket on 29.03.2019 with the Opposite Party to travel from Chennai – Singapore – Jakarta – Kuala lumpur – Chennai for two passengers for the travel which commences on 08.05.2019 on payment of Rs.90,296/- in booking ID AMDWZ4590, which ticket was cancelled by the Complainant on the same day and confirmed by the Opposite Party by its mail dated 29.03.2019 stating that a sum of Rs.2,696/- will be deducted and the remaining amount will refunded within 5–14 working days as found in Exs.A-1 and A-2. Without refunding the remaining amount the Opposite Party had sent an e mail on 05.04.2019 Ex.A-3, as if the refund money was credited in the Account, the fact that the money was not refunded was intimated by the Complainant through various e-mails to the Opposite Party marked as Exs.A-4 to A-6. As there was no reply from the Opposite party the Complainant had sent a legal notice dated 30.04.2019, Ex.A-7 calling upon the Opposite Party to refund the amount of Rs.87,600/- along with compensation of Rs.2,00,000/- towards deficiency of service. As per Ex.A-8, the Opposite Party in reply to the legal notice had sought for details of the booking. After getting the required details the Opposite Party by its mails dated 08.05.2019, Exs.A-9, Ex.A-10 had informed that they had processed the refund for the flight booking and had refunded a sum of Rs.10,311/- and further a sum of Rs.16,536/- was refunded. As against the claim of Rs.87,600/-, the Complainant had got a refund of Rs.26,847/- from the Opposite party and hence the Complainant by e mail dated 09.05.2019, Ex.A-11 and legal notice dated 03.06.2019, Ex.A-12 sought for refund of the sum of Rs.60,753 along with compensation. Even after receipt of the legal notice, the Opposite Party failed to respond. The Opposite Party remained exparte before this Commission even after sufficient notice given to them.

On careful perusal of records, it is seen that the Complainant had cancelled the Flight Ticket on the same day when it was booked on 29.03.2019 for the travel on 08.05.2019. The Opposite Party had agreed to refund the Flight Ticket charges booked by the Complainant after deducting a sum of Rs.2,696/-. However, a sum of Rs.26,847/- alone was refunded. The balance amount of Rs.60,753/- remains unpaid by the Opposite Party. Considering the fact that the Flight Ticket was cancelled well in advance of the travel date and on the same day when it was booked and having agreed to refund after deducting a sum of Rs.2,696/- - and refunding a sum of Rs.26,847/- as against Rs.87,600/- would amount to deficiency in service on the part of the Opposite party. Accordingly Point No.1 is answered.

Point No.2 and 3:

As discussed and decided Point No.1 in favour of the Complainant, the Opposite Party is liable to refund a sum of Rs.60,753/- being the balance amount to be repaid by the Opposite Party and Rs.50,000/- towards the deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.3000/- towards cost of the complaint, within 8 weeks from the date of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of payment. Accordingly, Point No.2 is answered in favour of the Complainant. As Point Nos 1 and 2 are answered in favour of the Complainant, the Complainant is not entitled for any other reliefs. Accordingly Point No.3 is answered.

        In the result the complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.60,753/- (Rupees Sixty Thousand Seven Hundred and Fifty Three Only) being the balance amount to be repaid by the Opposite Party and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) towards the deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.3000/- (Rupees Three Thousand Only) towards cost of the complaint, within 8 weeks from the date of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 29^st  of July 2022.

 

S. NANDAGOPALAN                                                              T.R. SIVAKUMHAR                                                        B.JIJAA

        MEMBER II                                                                             MEMBER I                                                            PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	29.03.2019	Flight Ticket
Ex.A2	29.03.2019	Flight Ticket cancellation confirmation mail sent by Opposite Party
Ex.A3	05.04.2019	Refund credit Reconfirmation sent by Opposite Party
Ex.A4	11.04.2019	Email sent by complainant for not receiving Refund
Ex.A5	13.04.2019	Email sent by Complainant for not receiving Refund
Ex.A6	15.04.2019	Email sent by Complainant for not receiving Refund
Ex.A7	30.04.2019	Legal Notice by Complainant counsel to Opposite Party
Ex.A8	07.05.2019	Reply sent by Opposite Party
Ex.A9	08.05.2019	Email for Refund of Rs.10,311/- credited from Opposite Party
Ex.A10	08.05.2019	Email for Refund of Rs.16,536/- credited from Opposite Party
Ex.A11	09.05.2019	Email sent by Complainant to refund remaining balance of (Rs.60,753)
Ex.A12	30.06.2019	Rejoinder sent by Complainant Counsel & postal track consignment

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN                                                               T.R. SIVAKUMHAR                                                           B.JIJAA

        MEMBER II                                                                              MEMBER I                                                               PRESIDENT