Tamil Nadu

North Chennai

CC/150/2015

R.Ashishkumar - Complainant(s)

Versus

M/s. Travel ChaCha - Opp.Party(s)

H.Krishna Raj

07 Apr 2016

ORDER

 

                                                            Complaint presented on  :  05.10.2015

                                                                Order pronounced on  :  07.04.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,         :      PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,            :    MEMBER II

 

THURSDAY THE  07^th   DAY OF APRIL 2016

 

C.C.NO.150/2015

 

 

R. Ashish Kumar,

S/O. Ramesh Chand,

Flat No.704/A, Sankeshwara Apartments,

A-Block 1089, Poonamallee High Road,

Vepery, Chennai – 600 007.

                                                                                                 .....Complainant

 

..Vs..

	M/S Travel Chacha, 306, Namdhari Buildings, D.B. Gupta Road, Karol Bagh, New Delhi – 110 005. Represented by its Authorised Signatory.
	...Opposite Party

Date of complaint                                  28.10.2015

Counsel for Complainant                      : H.Krishna Raj

Counsel for Opposite party                      :Ex parte

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The  Complainant booked Air-ticket through the Opposite Party web-site  www.travelchacha.com on 15.05.2014 to travel from Chennai to New Delhi  through Spice Jet Airline for travelling  on 24.06.2014 for his father Mr.Ramesh Chand on payment of consideration of Rs.5,390/- through his SBI credit card. The Complainant received booking confirmation from the Opposite Party on 16.0.2014. On 28.05.2015 the Opposite Party sent a mail stating that the said ticket has been cancelled and the amount will be refunded in 7 days and the Complainant also accepted to receive the same. There were several correspondences between the Complainant and the Opposite Party in respect of refund of ticket amount. Though the Opposite Party assured on several occasion that he will refund the amount the same was not refunded even after issuance of notice. The act of the Opposite Party is nothing but an unfair trade practice. Therefore the Complainant filed this Complaint claiming refund of ticket amount and also for compensation with cost of the Complaint.

          2. Though the Opposite Party served with notice, he remained absent and hence he was set Ex- parte on 30.11.2015.

          3. The Complainant filed proof affidavit and Ex.A1 to A12 marked. The Complainant filed written arguments and his oral arguments also heard.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

5. POINT:1

          The case of the Complainant is that he booked  Air-ticket through the Opposite Party web-site  www.travelchacha.com on 15.05.2014 to travel from Chennai to New Delhi  through Spice Jet Airline for travelling  on 24.06.2014 for his father Mr.Ramesh Chand   on payment of  consideration of Rs.5,390/- through his SBI credit card and the confirmation mail is marked as Ex.A1 and there were e-mail correspondences Ex.A3 to Ex.A10 between the Complainant and the Opposite Party and though the Opposite Party assured in his reply to refund the same, the ticket amount of Rs.5,390/- was not refunded   till issuance of the legal notice. Ex.A11 legal notice issued by the Complainant to refund the ticket amount and the same was acknowledged by the Opposite Party under Ex.A12. The Opposite Party after receipt of the legal notice neither refunded the ticket amount nor gave any reply to the notice.  The failure to refund the ticket amount by the Opposite Party, having collected the same from the Complainant and who is a service provider and his act clearly proves the unfair trade practice of the Opposite Party and therefore we hold that failure to refund the ticket amount, the Opposite Party committed Deficiency in Service.

6. POINT:2

          The consideration for booking the ticket was paid on 15.05.2014 by the Complainant. The Complaint was filed on 05.10.2015 nearly after one year four months of booking. Therefore, failure to refund the amount more than one year and four months caused mental agony to the Complainant is acceptable. Further the Opposite Party is a service provider and through his web-site several persons are booking tickets every day. Even after assurance by the Opposite Party through his e-mail establishes the adamant attitude of the Opposite Party to refund the amount and therefore in the circumstances of the case it would be appropriate to order the opposite party to pay a sum of Rs.50,000/- towards compensation for mental agony, apart from  that to refund the ticket amount of Rs.5,390/- with a sum of Rs.5,000/- towards litigation expenses to the complainant.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.5,390/- (Rupees five thousand three hundred and ninety only) towards the ticket amount and also to pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses. The above   amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 07^th   day of March  2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 Dated 15.05.2014	TXN – Confirmation mail from SBI Card
Ex.A2Dated 15.05.2014	Booking  confirmation mail with payment confirmation with Booking Reference No.AWYGNK
Ex.A3 dated 15.05.2014	E-mail from Complainant to Opposite Party
Ex.A4 dated 28.05.2014	E-mail from Complainant to Opposite Party
Ex.A5 dated 17.06.2014	E-mail communication to Opposite Party
Ex.A6 dated 17.06.2014	E-mail from communication from Opposite Party to Complainant
Ex.A7 dated 23.06.2014	E-mail from communication from Opposite Party to Complainant
Ex.A8 dated 07.07.2014	E-mail communication to Opposite Party
Ex.A9 dated 07.07.2014	Reply E-mail communication from Opposite Party to Complainant
Ex.A10 dated 08.07.2014	Follow up E-mail communication to Opposite Party from Complainant
Ex.A11 06.07.2015	Lawyer’s Notice issued by Complainant through post and e-mail
Ex.A12 dated 09.09.2015	Acknowledgement  for proof of service

 

 

MEMBER – II                                                               PRESIDENT