Tamil Nadu

South Chennai

CC/44/2016

M/s.D.Jayakumar - Complainant(s)

Versus

M/s.Go World Holiday - Opp.Party(s)

M/s.Balaji

03 Aug 2022

ORDER

Date of Complaint Filed : 28.01.2016

Date of Reservation      : 20.07.2022

Date of Order               : 03.08.2022

 

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.44/2016

WEDNESDAY, THE 3^rd DAY OF AUGUST 2022

D.Jaykumar,

S/o. V. Damodaran,

No.6/39, Jaya Nivas,

1^st Indira Street, Avadi Road, Senneerkuppam,

Poonamallee,

Chennai – 600 056.                                                                                                                                                       ... Complainant             

 

..Vs..

M/s. Go World Holidays,

Rep. by its Proprietor & Chief Executive Mr. Ram Sridhar,

No.30/31, Plaza Centre,

129, G.N Chetty Road,

Chennai – 600 006.                                                                                                                                                   ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. V.Balaji

Counsel for the Opposite Party       : M/s. S. Thangaraja

 

        On perusal of records and after hearing oral argumentsof the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.     The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.2,03,035/- towards the refund of cancellation tickets with interest @24% p.a from January 2015 to till the date of realisation and to pay a sum of Rs.1,00,000/- towards compensation for the mental agony pain and sufferings 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 approached the Opposite Party during November 2014 for a family tour package to Singapore and Malaysia. On enquiry a tour program was fixed from 19.03.2015 to 27.03.2015. The total amount for the said tour package was Rs.2,62,463/-. The Complainant had paid a sum of Rs.50,000/- on 27.12.2014 and the remaining amount of Rs.2,12,463/- on 30.12.2014 through fund transfer to the Opposite Party. He was working in Dammam, Saudi Arabia. Due to sudden illness of his mother he was forced to cancel the tour program and therefore during January 2015, he requested the Opposite Party to cancel the air tickets of family tour to Malaysia and Singapore from Saudi Arabia leaving to and fro air ticket of Dammam to Chennai which ticket fare amounted to Rs.59,428/- and the balance payable to the Complainant is Rs.2,03,035/-.The Opposite Party is liable to refund the balance amount to the Complainant as per the credit note of the Airlines immediately on receiving the same. The Opposite Party has not refunded the amount to the Complainant, and therefore the complainant demanded the refund of balance amount which was not done so far to the Complainant. Whileso, on 19.05.2015, the Opposite Party on his own prepared a credit note and sent it to the Complainant through mail instead of sending Airine’s credit note and to make payment accordingly. On verification with airline it was informed that all the credit notes of cancelled tickets would be sent within 3 days  of cancellation if the tickets were booked on cards and in other cases maximum one week. In the case the airlines would have refunded the amount with credit note to the Opposite Party on or before February 2015 itself. The Opposite Party is misusing the Complainant’s money for months together. The Complainant is suffering from cancer, that amount was very much required for treatment. The Complainant’s mother passed away on 08.06.2015. Since the money was not refunded the amount could not be used even for his mother’s last days. The Complainant had sent an Advocate notice dated 20.07.2015. Though the Opposite Party received the notice  but failed to make payment or chosen to reply. The Opposite Party’s attitude, behaviour and service in not furnishing the airlines credit note and non payment of the refund in accordance with the airlines credit note will amount to cheating and misappropriation and also deficiency in service. Hence the complaint.

3. Written Version of the Opposite Party in brief is as follows:

The Opposite Party submitted that it was true that the Complainant booked for himself and family both in Malaysia and Singapore from March 20 to March 28 of 2015. Based on his request the Opposite Party booked and arranged everything to the Complainant. In the month of February 2015 the Complainant informed that the Complainant’s mother was seriously ill and hospitalized and requested the Opposite Party to cancel the Air Tickets and package tour. The cancellation of international package booking clause says:

30 days prior to arrival 25% of the tour cost,

16 days to 27 days prior arrival 40% of the tour cost

26 days to 15 days prior to arrival 50% of the tour costs.

Less than 15 days No show – No refund.

The Complainant suddenly cancelled the tour. The total amount paid by the Complaiannat was Rs.2,62,463/-. Cancellation charges is 96,384/- and the balance amount is Rs.1,66,079/- which the Opposite party is ready to pay. Hence to dismiss the Complaint.

4.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A11-were marked. Though the Opposite party had filed Written Version, the Opposite Party has not filed Proof Affidavit and documents to prove their case.

5.     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 undisputed facts are that the Complainant had booked a family tour package to Singapore and Malaysia for the period from 19.03.2015 to 27.03.2015 and that the Complainant had paid a sum Rs.50,000/- on 27.12.2014 and Rs.2,12,463/- on 30.12.2014 total amounting to a sum of Rs.2,62,463/- to the Opposite Party for the tour package, as evident from Exs.A-1 to A-4. The dispute arose when the Complainant cancelled the Air tickets of his family tour to Malaysia and Singapore except to and fro air tickets of Damman and Chennai and sought for balance payment of Rs.2,03,035/- after defraying Rs.59,428/- being the ticket fare of Damman and Chennai.

According to the Opposite Party as contended in its Written Version the cancellation charges of International Package booking is 30 days prior to arrival 25% of the tour cost,16 days to 27 days prior arrival 40% of the tour cost, 26 days to 15 days prior to arrival 50% of the tour costs, Less than 15 days No show – No refund. The break up details of cancellation charges is arrived at Rs.96,384/-, after deducting the cancellation charges from the total amount paid at Rs.2,62,463, the balance amount to  be repaid according to the Opposite Party is Rs.1,66,079/- which the Opposite Party was ready to repay the Complainant.

From the e-mails of the Opposite Party marked as Ex.A-5 to A-10, it is seen that the Opposite Party were able to resolve the issue with the airlines and assured to refund the amount to the Complainant. From Ex.A-10, the Credit Note prepared by the Opposite Party reveals that a sum of Rs.1,21,311/- is the balance amount to be repaid by the Opposite Party after receiving from the airlines. However the Opposite Party agreed to repay Rs.1,66,079/- after deduction of the cancellation charges to the Complainant in its Written Version. The Opposite Party has not come forward to prove its case by way of Proof Affidavit and documents.

The Opposite Party having agreed to refund the cancelled Air Ticket charges booked by the Complainant has not come forward to repay even the agreed sum of Rs.1,66,079/-.

Considering the fact that the Flight Ticket was cancelled well in advance before the travel date and on the same day when it was booked  and the act of Opposite Party in not refunding the cancelled Air ticket charges amounts to deficiency in service. Hence, we are of the considered view that the Opposite Party had committed deficiency of service. 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 having failed to establish that the Complainant is entitled only to Rs.1,66,079/- after deduction of cancellation charges, the Opposite Party is liable to refund  a sum of Rs.2,03,035/- towards refund of cancelled air tickets with interest at the rate of 6% from January 2015 till date of realization and Rs.5,000/- 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. And, the Complainant is not entitled for any other relief/s. accordingly, point Nos. 2 and 3 are answered.

In the result the complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.2,03,035/- (Rupees Two Lakh Three  Thousand and Thirty Five Only) towards refund of cancelled air tickets with interest @ 6% from January 2015 till date of realisation and Rs.5,000/- (Rupees Five Thousand Only) towards compensation for the mental agony, pain and sufferings 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 if 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.

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 3^rd of August 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	-	Copy of Invoice of the Opposite Party
Ex.A2	25.12.2014	Copy of Ticket Details given by the Opposite Party
Ex.A3	29.12.2014	Copy of Payment of Rs.50,000/- by complainant
Ex.A4	29.12.2014	Copy of Payment of Rs.1,37,000/- by complainant
Ex.A5	19.05.2015	Copy of E-mail of the Opposite Party
Ex.A6	19.05.2015	Copy of E-mail of the Opposite Party
Ex.A7	01.06.2015	Copy of E-mail of the Opposite Party
Ex.A8	24.06.2015	Copy of E-mail of the Opposite Party
Ex.A9	15.06.2015	Copy of E-mail of the Opposite Party
Ex.A10	-	Copy of Credit Note
Ex.A11	20.07.2015	Copy of Advocate notice with Ack.Due

 

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

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT