By. Sri. Jose. V. Thannikode, President:-
The complaint is filed Under Section 12 of the Consumer Protection Act against opposite party to get cost and compensation for the deficiency of service from the side of opposite party.
2. Brief of the complaint:- The complainant is doing business in Saudi Arabia. He used to come to India and going back in every two years on his leave. On 04.09.2011 the complainant came to his native place. For going back to Saudi Arabia he entrusted the opposite party No.1 on 15.01.2012 to take ticket in Saudi Airlines for 10.02.2012 journey. On the same day the complainant entrusted the opposite party No.1 his passport and exit and re-entry visa and further convinced the opposite party that his period of visa is going to expire on 16.02.2012. For collecting the ticket complainant approached the opposite party No.1 on 08.02.2012 but the opposite party No.1 said that the ticket was not ready, thereafter the complainant contacted the opposite party No.1 several occasions but the opposite party No.1 not given ticket for 10.02.2012 and cheated the complainant.
3. On 15.02.2012, the opposite party No.1 contacted the complainant and given his passport, re-entry visa and a ticket for 19.02.2012 but complainant told him that his visa expired on 16.02.2012, so requested to arrange ticket at least for 16.02.2012 but the opposite party No.1 not arranged the ticket and send him back. Due to this unfair trade practice of opposite parties complainant lost his visa and job in Saudi Arabia and lost the business there and altogether he lost Rs.10,00,000/- on various counts and prayed for a direction to award compensation to the tune of Rs.10,00,000/- from opposite parties for the unfair trade practice.
4. Notices were served to opposite parties on 04.08.2012 and both opposite parties filed version. In the version opposite party No.1 contented that complainant is not a consumer and he does not know about the job of complainant. Opposite party No.1 is a travel agency conducting service of Bus tickets and DTP work etc... The complainant is a friend and neighbor of opposite party No.1 and on 04.01.2012 complainant asked about arranging a ticket for going to gulf on 18.01.2012, because of the friendship, the opposite party No.1 arranged the ticket for 18.01.2012 through opposite party No.2. But on 16.01.2012 complainant approached opposite party No.1 and said that due to some inconvenience he cannot go to gulf on 18.01.2012 and requested to change the travel date to 19.02.2012, so that the opposite party No.1 arranged ticket for 19.02.2012 after giving a cancellation fee of Rs.4,000/- and handed over the ticket to the complainant on 17.01.2012 itself, the cancellation charge of Rs.4,000/- is paid to the opposite party No.1 by the complainant only on 23.01.2012 and further stated that the complainant went to Airport on 19.02.2012 for travel and then only the complainant understood that his visa period expired on 16.02.2012 and from there the complainant telephoned to opposite party No.1 and complained that his visa expired on 16.02.2012 and the opposite party No.1 further stated that all other allegation in the complaint is untrue and hence denied and prayed for the dismissal of the complaint with cost to the opposite party No.1.
5. Opposite party No.2 in his version stated that, these opposite party No.2 has no way connected to the complainant and complaint is not maintainable and complainant is not a consumer and this opposite party is not aware about the avocation, leave status etc... of the complainant and it is to be proved by the complainant. Hence the opposite party No.2 is not liable to compensate any amount for the loss sustained to the complainant. Opposite party No.2 further stated that this opposite party is an authorized travel agent having very high reputation inside the country and in foreign countries. This opposite party has arranged air ticket to one Usman Tholan on two occasions and there is no negligence or deficiency in the service of this opposite party. The first ticket was arranged to travel to Kingdom of Saudi Arabia on 18.01.2012 and the same was arranged on 06.01.2012. Likewise this opposite party has arranged another ticket to the petitioner on 16.01.2012 to be traveled to Kingdom of Saudi Arabia on 19.02.2012. There was no delay from the side of this opposite party at any moment. This petition is filed with some ulterior intentions so as to grab some money from the opposite parties for the mistakes committed by the petitioner himself. The above petition is an experimental one. The above petition is frivolous and vexatious having no basis what so ever. Accepting the above contentions the above petition may be dismissed with cost of this opposite party.
6. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A4 and Ext.B1 is also marked. Ext.A1 is the photocopy of the Passport of the complainant. Ext.A2 is the Exit and Re-entry visa, in which the Re-entry date is stated “within 16.02.2012”. Ext.A3 is the Residence permit of the complainant which is issued by the Kingdom of Saudi Arabia Ministry of Interior. Ext.A4 is the Photocopy of the ticket of complainant for travel on 19.02.2012. Ext.B1 is the True copy of the complaint before the Consumer Disputes Redressal Forum, Wayanad in C.C. No.74/2012, which shows that the complaint filed C.C. No.74/2012 before Consumer Disputes Redressal Forum, Wayanad for the same cause of action and in that complaint the complainant stated about one ticket he took for travel on 19.01.2012 and thereafter it is canceled and took ticket for 19.02.2012 and further stated that he went to Airport on 19.02.2012 then only he knew that his visa period expired on 16.02.2012.
7. Deposition of PW1:- Ticket In«nb DSs\ check sNbvXp 19.02.2012\pff ticket BWv sambvXp X¶Xv. 16 \v BWv date Cu ticket h¨v t]mIm³ ]änà F¶p ]dªp. In Ext.B1 complainant stated that “19.02.2012\v Ticket FSp¯v XcnIbpw sNbvXp. FbÀt]mÀ«n sN¶t¸mgmWv hnk Iym³kembn F¶p ]cmXnImc³ Adnbp¶Xv”.
8. Opposite party No.1 also filed proof affidavit and stated as stated in the version. Opposite party No.1 is examined as OPW1 and Ext.B1 to B2 series is marked. Ext.B1 is the Certified copy CC No.74/2012 of Consumer Disputes Redressal Forum, Wayanad which is the complaint filed by the complainant before the Consumer Disputes Redressal Forum, Wayanad for the same cause of action. Ext.B2(a) is the ticket for complainant for travel on 19.02.2012, which is taken on 16.01.2012 at 5.11 PM, wherein No passport Number or re-entry visa date is written. Ext.B2(b) is the ticket for complainant for travel on 18.01.2012. Which is taken on 06.01.2012 at 10.36 AM, in which also No Passport Number or re-entry date.
9. On perusal of the complaint, versions, affidavits and documents produced by both parties and deposition, the Forum raised the following issues:-
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
10. Point No.1:- On perusal of complaint, versions, affidavits and documents and depositions we came to a conclusion that when the complainant went to Airport on 19.02.2012 for travel, then only the complainant know that visa expired on 16.02.2012. Moreover, in the complaint in the sixth paragraph he stated that on 08.02.2012 the opposite party said that the ticket was not ready. Then, if the complainant knows the expiry date of visa he could have very well obtained a ticket before 16.02.2012 by any other means and to claim for compensation from the opposite parties. Hence we find no deficiency of service or unfair trade practice from the side of opposite parties. The Point No.1 is found accordingly.
11. Point No.2:- Since no deficiency of service is proved from the side of opposite parties. No Order as to cost and compensation.
In the result, the complaint is dismissed. No Order as to cost and compensation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of July 2014.
Date of Filing:28.07.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the Complainant:-
PW1. Tholan Usman. Complainant.
Witness for the opposite Parties:-
OPW1. Moidu. Conducting Photostat Shop.
Exhibits for the Complainant:-
A1. Copy of Passport.
A2. Copy of Exit and Re-entry Visa.
A3. Copy of Residence Permit.
A4. Copy of Electronic Ticket. Dt:19.02.2012.
Exhibits for the Opposite Parties:-
B1. Certified Copy of the complaint No.CC/74/2012.
B2(a). Copy of Electronic Ticket(2 pages). Dt:16.01.2012.
B2(b). Copy of Electronic Ticket(2 pages). Dt:18.01.2012.
Sd/-
PRESIDENT, CDRF, WAYANAD.
