IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, A & N ISLANDS AT PORT BLAIR
C.D. CASE NO: 41 of 2006
Santosh Kumar Pandey………………………………..Complainant.
-Versus-
Owner, Fly World Travels and Other………………...Opposite Party.
President | Sudip Niyogi |
Member | Tasneem Abid |
Member | Abdul Waseem |
Date of Judgment: - On 27th Day of August, 2014.
JUDGMENT
The fact of this case is that the Complainant on 26/07/2006 had booked air ticket of Air Deccan Flight for himself and his friend for onward journey from Port Blair to Kolkata on 09/08/2006 and return journey for himself on 02/09/2006 from O.P. No-1 but the said tickets were cancelled by O.P. without his knowledge and consent. Later, on 31/07/2006 O.P. No-1 issued air ticket for the Complainant and his friend but that was again cancelled by him and lastly, on 04/08/2006 O.P. issued tickets for Complainant and his friend for onward journey from Port Blair to Kolkata on 07/08/2006 and on 05/08/2006 he issued return ticket for the Complainant on 03/09/2006.
According to the Complainant, O.P. No-1 cancelled his tickets thrice without his knowledge and consent and O.P. No-1 also withdrew cash. According to him, O.P. No-1 practised fraud upon him and therefore he is entitled to get compensation from him. He prayed for compensation of Rs. 10,000/- for inconvenience and Rs. 10,000/- for mental agony and Rs. 3000/- for ticket.
O.P. No-1 denied all the allegations of the Complainant by filing a Written Statement. According to him, on 26/07/2006 the Complainant purchased tickets for two persons for the journey from Port Blair to Kolkata on 09/08/2006 and return journey for himself on 02/09/2006 but subsequently on his request and the said tickets were cancelled and Complainant never met him later. O.P. No-2 also filed a Written Statement and a supplementary Written Statement and claimed to have no agency agreement with O.P.No-1 and they are not at all responsible for any omissions and commissions of O.P.No-1.
Be it noted here that, this case was originally filed against O.P. No-1 and after hearing both the parties was disposed of by a judgment and order on 01/09/2008. On appeal on behalf of O.P. No-1, the State Consumer Disputes Redressal Commission after setting aside the said judgment sent back the case on remand for fresh consideration on the ground inter alia, to give the parties opportunity to file oral and documentary evidence. Thereafter, O.P. No-2 was added as a party and opportunities were given to both the parties in the light of the judgment of the appellate forum.
Now, the points for consideration are:-
- Whether the instant case is maintainable or not?
- Whether the Complainant is entitled to get the relief as prayed for?
DECISIONS
So far as point no. 1is concerned, nothing has been said by the parties. Considering the nature of the Complaint this case is found to be maintainable in accordance with section 12 of the Consumer Protection Act 1986.
It is the contention of the Complainant that his flight tickets were cancelled thrice by the O.P. No-1 without his knowledge and consent and thus he suffered mental agony and monetary loss. So he prayed for an order awarding compensation to him.
On the other hand, the contention of O.P. No-1 is that only once the Complainant approached him to buy tickets and he admitted to have issued tickets on 26/07/2006 for two persons, namely, Complainant himself and one Ajit Kumar for onward journey from Port Blair to Kolkata on 09/08/2006 by Air Deccan vide PNR No- DA 05908055. On that day, O.P. had also bought one ticket for return journey from Kolkata to Port Blair on 02/09/2006 by Air Deccan flight (PNR No- DA 05908085). His further contention is that subsequently, on the request of the Complainant he cancelled those tickets and returned the amount to him.
Now, from the exhibited documents, it is found that, Exhibit-2 and Exhibit-3 are the two e-tickets booked on 26/07/2006 for the onward journey for Complainant and another from Port Blair to Kolkata on 09/08/2006 and the return journey from Kolkata to Port Blair for the Complainant on 02/09/2006. For these e-tickets, two cash bills (Exhibit-1 & Exhibit-8) were also issued to the Complainant by O.P. No-1. Exhibit-4 reveals that it is an e-ticket booked on 31/07/2006 for Port Blair-Kolkata sector for Complainant and another on 07/08/2006 (PNR No- DA 5962431). According to Complainant, it was also cancelled without his knowledge and consent by the O.P. But from the document it is found that the name of Janata Tours and Travels as agent is mentioned therein. This ticket is found to have been cancelled subsequently but the Complainant failed to explain as to how the said agent Janata Tours and Travels is related to the O.P.s particularly to O.P. No-1.
It is found that the Complainant actually had performed journey from Port Blair to Kolkata by his e-ticket on 07/08/2006 which was purchased by him on 04/08/2006 vide PNR No- DA06022371 (Exhibit-5). There is no mention in this ticket about the name of the agent from whom it was booked. Another ticket which is said to have been cancelled without his knowledge and consent is Exhibit-9 a xerox copy of which is also marked Exhibit-6. This ticket was for the journey from Kolkata to Port Blair (PNR No- 1DA06047273) on 03/09/2006.
It is argued on behalf of the Complainant that this Exhibit-9 cannot be disbelieved as it bears the rubber stamps of Fly World Travels of O.P.No-1. We find from this Exhibit-9 that herein also the name of Janata Tours and Travels is shown to be the agent. Though, the rubber stamps of Fly World Travels are there but no signature of any person - either the O.P. No-1 himself or his authorized agent is there. The absence of any signature in the document has become relevant and important which cannot be over looked at all because of the fact that not a single other ticket, bears any rubber stamp and this Exhibit-9 is the only document where it is found and also unaccompanied by any signature. No explanation is forthcoming from the side of the Complainant as to why the seal was required to be given on this ticket only (Exhibit-9) despite being the name of the agent - Janata Tours and Travels is printed therein. That apart, no cash bill against this ticket is produced and the production of such a bill could have made it amply clear as to who had actually issued that ticket.
It is further found that the Complainant had come back to Port Blair from Kolkata by availing Air Deccan Flight No- 697 on 2-ticket (Exhibit-7) on 03/09/2006 which was booked on 02/09/2006. Herein, also the name of agent Janata Tours and Travels was shown.
It is found from the documents that tickets which were purchased on 26.07.2006, 31.07.2006 and 05.08.2006 were cancelled. O.P. No-1 claimed that the tickets bought on 26.07.2006 (Exhibit-2 & Exhibit-3) were cancelled on the request of the Complainant but the Complainant could not prove in a convincing way his allegation that O.P. cancelled those tickets deliberately without his knowledge and consent in order to accommodate somebody else.
Again, the tickets bought on 31.07.2006 and 05.08.2006 (Exhibit-4 and Exhibit-6) which were cancelled show the name of Janata Tours & Travels as agent though, as we have already pointed out, Exhibit-6 bears the rubber stamp of O.P. No-1’s concern ‘Fly World Travels’.
Said Janata Tours & Travels has not been made a party in this case. Despite there being a specific observation in the Judgement of the appellate forum about the failure of the Complainant to prove the relation between O.P. No-1’s Fly World Travels and said Janata Tours & Travels, no initiative was taken by the Complainant to clearly show if at all there is any relation between the said two travel agents during hearing after the case was remanded back.
Thus, having gone through all the materials on record, we find, the Complainant has failed to prove his allegations against the O.P. and therefore, the instant case is liable to be dismissed.
Accordingly, it is
Ordered
that the instant case be and same is dismissed on contest. There is no order as to cost.
Mr. Sudip Niyogi | Miss Tasneem Abid | Mr. Abdul Waseem |
President | Member | Member |