For the Complainant -Kakoli Ghosh & Priyanka Halder, Ld. Advocate
For the OP -Asha Ghosh, Ld. Advocate
FINAL ORDER/JUDGEMENT
SMT. SAHANA AHMED BASU, MEMBER.
This is an application u/s.12 of the C.P. Act, 1986.
Brief facts of the present consumer complaint is that complainant is carrying on travel business and conduct tours to earn their livelihood. On 04/05/2018 complainant requested the O.P. to book air tickets for 12 passengers from Dublin to Edinburgh for 26/05/2018 and paid Rs.1,30,209/- but the O.P. booked air tickets for 26/06/2018, instead of 26/05/2018 which caused immense inconvenience to the complainant as well as their clients. Thereafter, complainant further paid Rs.3,37,000/- to the O.P. for booking 12 nos. air tickets for journey on 26/05/2018 to maintain their goodwill. Neither the O.P. refund Rs.1,30,209/- nor adjusted such amount in future booking though the mistake was taken place on the part of the O.P. As a result, complainant sustained financial loss. Legal notice dated 18/07/2018, was issued to the O.P. with a request to refund Rs.3,37,000/- but such notice was unattended. The O.P. has adopted unfair trade practice and the acts of the O.P. is illegal which tantamount to gross deficiency in service. Hence, the consumer complaint.
O.P. contested the case by filing W.V. denying all the allegations of the complainant. The specific case of the O.P. is that they merely an online booking platform and contractually bound by the terms of use of the Website, namely, Master User Agreement by virtue of provisions of the Information Technology Act, 2000. Their office is located in Gurgaon, Hariyana and the cause of action arose in Gurgaon. The tickets were booked online for business activities and the complainant is not a consumer. After verification and confirmation from the complainant those tickets were booked. Complainant initially raised query for flight tickets of 12 pax for 26/05/2018 and subsequently over phone asked for journey date of 26/06/2018. On 08/05/2018, they reserved the ‘hold tickets’ and sent the same to the complainant by e-mail, on 09/05/2018 complainant verified the tickets and gave ‘go ahead’ for booking. On 26/05/2018, phone was received from complainant to prepone for 26th May,2018. Again, on 28th May,2018 complainant requested the airlines for waiver of cancellation charges and such request was declined on the ground that cancellation period was already elapsed. There is no deficiency in service and/or negligence on their part. Thus, the complaint is liable to be dismissed.
Decision with Reasons
The complainant and the O.P. have filed evidence by way of affidavit in supporting to their respective cases made out in the petition of complaint and W.V.
Ld. Advocates of both parties have taken us through their respective cases as also to the evidence adduced in support of their case. On perusal of the documents on records, it is clear that the complainant purchased 12 (twelve) air tickets from the O.P. for travelling from Dublin to Edinburgh. It is also admitted that the complainant paid Rs.1,30,209/- being the total price of 12 (twelve) nos. of air tickets vide transaction details CCAFEIBTE 465/CCAVENUES/DC-1466 in the account of O.P. Complainant has categorically alleged that the order placed before the O.P. specifying the journey date on 26/05/2018 but the O.P. booked the air tickets and journey date was 26/06/2018 instead of 26/05/2018 for which they had to pay a further amount of Rs.3,37,000/- for the cost of 12 nos. of air tickets.
Documents on record furnished by the complainant goes to show to that on 04/03/2018 at 12-28 PM complainant sent an e-mail to the O.P. for air tickets of 12 passengers including details of flight and date of journey (i.e. 26/05/2018). In reply, the O.P. advised to check “1 E 13252 E 26/JUN 2 DUBEDI DK9 0955 1110 26 JUN E OAT7G”. On perusal of the documents furnished by the O.P. it is clear that on 08/05/2018 at 7-43 PM, O.P. sent the PNR details and advised for insurance details having departure date on 26 JUN,2018. Again, on 09/05/2018 at 2-30 PM an e-mail was sent on behalf of the O.P. to the complainant stating that “Please advice for insurance urgently. Today is the last ticketing date.” On the same date at 5-01 PM complainant replied through return mail “ok issue”. Then on behalf of the O.P. it was informed to the complainant through e-mail that the ticket for travelling from Dublin to Edinburgh on 26/06/2018 was “issued”.
In controverting the allegation made by the complainant Ld. Advocate for the O.P. argued that there is no deficiency in service on the part of the O.P. as they have performed in accordance with complainant’s direction. We find that O.P. asked the complainant to verify all the details and after verification and confirmation received from the complainant tickets were booked.
In the four corners of the consumer complaint and documents furnished by the complainant, we do not find any objection raised by the complainant regarding the journey date of the tickets which were booked on 09/05/2018. More so, the documents on record furnished by the complainant, it is observed that the O.P. replied each and every e-mails of the complainant before and after the said journey dates.
In view of the above discussions, complainant has failed to prove any negligence and deficiency in service on the part of the O.P. by producing any cogent documentary evidence which prove their case.
Thus, the case merit fails without any cost and the consumer complaint is dismissed on contest against the O.P. There shall be no order as to cost.
