IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of March, 2011
Filed on 26.11.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.319/2010
between
Complainant:- Opposite Parties:-
Sreejith, S/o Balan 1. The Proprietor, Omega
Renjith Bhavanam Travels, Haripad P.O.
Mannarasala P.O., Haripad Haripad
(By Adv. R.Rajesh)
2. Sri. Binu, Omega Travels
Haripad P.O., Haripad
O R D E R
SRI. K. ANIRUDHAN (MEMER)
Sri. Sreejith has filed this complaint on 26.11.2010 before the Forum alleging deficiency in service on the side of the opposite parties. The allegations are as follows:- He is in military service at Jammu Kashmir. In order to return to the Headquarters at Jammu Kashmir, he had contacted the opposite parties at their firm M/s.Omega Travels, Haripad for a flight ticket from Bangalore to Jammu. At that time opposite parties had intimated him that they are the firm for arranging flight ticket and they agreed to arrange flight ticket from Bangalore to Jammu and that arrangements will be in a most responsible way and further intimated him that in case any cancellation of Ticket, they will refund the amount to him. As such, the opposite parties had collected a sum of Rs.6500/- on 9.9.2010 from him toward the flight ticket charges and service charge for the journey from Bangalore to Delhi and from Delhi to Jammu on 13.9.2010. But the opposite parties had arranged the flight ticket only from Bangalore to Delhi in flight No.G.8372 and he had traveled thereon from Bangalore to Delhi, and opposite parties had assured that when he reached in Delhi, they will arrange the flight ticket from Delhi to Jammu. When he reached in Delhi, it was learnt that the opposite parties had not arranged the flight ticket from Delhi to Jammu. Immediately he contacted the opposite parties through phone. But the opposite parties had not taken the phone on several times. When he contacted the airport Office at Delhi, he had learnt that the opposite parties had not arranged any flight ticket for his journey to Jammu. In order to join the Military Office in time, he had taken the flight ticket from Air India and conducted the journey to Jammu in flight No.1 C 821. After that he had contacted the opposite parties through phone and intimated the inconveniences sustained by him and requested to refund the amount for the journey from Delhi to Jammu. So far, he has not obtained any positive steps to get the amount from the opposite parties. Hence this complaint seeking relief.
2. Notices were issued to the parties. After accepted the notice by the opposite
parties, one Biju appeared before the Forum and submitted that he is representing the opposite parties, and prays for filing version. On 5.2.2011, when the case called for, the said Biju has filed the objection of the first opposite party – M/s.Omega Travels. 3. In the objection, it is stated that the complainant had contacted them for booking a flight ticket for the journey from Bangalore to Jammu. But, since they have only the booking agent for Bus and Railway journey, they had sent the complainant to M/s.Akbar Travels, Ernakulam. If the complainant had any grievances of the dealings of M/s.Akbar Travels, the complainant have to take steps to implead them in this complaint. It cannot be settle the matte without them. It is further stated that, considering allegations of the complainant, they have enquired about the matter with M/s.Akbar Travels and learnt that the complainant had traveled on 13.9.2010 from Bangalore to Delhi, but due to certain sudden and unforeseen events, from Delhi to Jammu was cancelled and so they had arranged the ticket for the complainant to another flight. If the complainant had not conducted the journey from Delhi to Jammu, or not used the ticket, he had not taken any steps to collect the amount for M/s Akbar Travels.
4. Considering the contentions of the parties, this Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service or negligence on the side of the
opposite parties?
2) Whether the complainant is entitled to get the excess amount collected from
him by the opposite parties?
3) Compensation and costs.
5. Issues 1 to 3:- Complainant has filed the proof affidavit in support of his case and produced documents in evidence – marked Exts.A1 to A7 and he has been cross examined by the opposite parties – documents – Ext.A1 is the Boarding pass issued for the flight No. G-8-372 from Bangalore to Delhi on 13.9.2010. Ext.A2 is the Boarding pass for the flight No. IC 82 from Delhi to Jammu on 13.9.2010 in Air India flight, issued to the complainant. Ext.A3 is the ticket in flight No. IC 821 from Delhi to Jammu on 13.9.2010, showing the seal – No. etc. issued to the complainant. Ext.A4 is the visiting card of the first opposite party. The visiting card shows that the opposite party has the facilities for booking of Air Ticket, Rail and Bus Booking together with other details of service, with their Telephone numbers. Ext.A5 is the Advocate dt. 23.10.2010 issued by the complainant to the first opposite party, stating the whole affairs of the matter and requested to refund the amount collected by the opposite parties from him, for the journey from Delhi to Jammu, and together with compensation. Exts.A6 and A7 are the postal receipts and acknowledgement card.
6. We have carefully examined the whole matter of this case in detail and perused the documents produced by the complainant in evidence and verified the deposition of the complainant. It is alleged that the opposite parties had collected a total sum of Rs.6500/- from the complainant towards the flight charges from Bangalore to Jammu along with the service charges. At the time of collecting the said amount, the opposite parties had fully convinced the details of the journey and assured him about the refund of the amount in case any cancellation or any other consequences. As such the complainant had traveled from Bangalore to Delhi on 13.9.2010. When reached in Delhi, it was learnt that the opposite parties have not arranged the flight ticket for him, from Delhi to Jammu. He could not contact the opposite parties since the opposite parties have not taken their phone. So he had arranged another ticket in Air India flight No. IC 821, with his own fund; and he sustained a lot of inconvenience due to that. Later he contacted the opposite parties and requested to refund the amount. The opposite parties had not taken any positive approach to his request. The entire facts o the case, show the unfair trade practice of the opposite parties and it further reveals their culpable negligence and grossest deficiency in service. There is latches on the part of the opposite parties by way of not arranging connection flight ticket for the complainant from Delhi to Bangalore as already agreed by the opposite parties. This will amounts to cheating and for this the opposite parties are answerable to the complainant. The opposite parties are fully bound to arrange the flight ticket to Delhi to Jammu for the complainant, since the opposite parties had collected the full amount, together with their service charges from the complainant at the time of booking. Any kind of deviation from the assurance will amounts to cheating and dereliction of duty. The complainant is fully entitled to get back the amount from the opposite parties, collected for the journey from Delhi to Jammu, together with the compensation and costs. There is no bona fides on the part of the opposite parties regarding the contentions raised by them. The opposite parties have stated that they are not engaged in the business of booking of Air Ticket. Ext.A4 – visiting card shows that they are engaged in the business of Air Ticket booking. So the objections raised by the opposite parties cannot be accepted since it has any truth and lack of bone fides. So, after verifying the entire facts of this case, we are of the view that there is grossest deficiency in service, imperfection, culpable negligence and unfair trade practice and cheating on the side of the opposite parties. The opposite parties are jointly and severally liable for that. Hence the allegations raised by the complainant are to be treated as genuine and that the complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, we hereby direct the opposite parties to refund the amount already collected from the complainant for the journey from Delhi to Jammu, by way of flight ticket and repay the service charge collected by them from the complainant and further pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation for his mental agony, pain, sufferings, harassment, loss and inconvenience caused to the complainant due to the grossest deficiency in service, unfair trade practice, culpable negligence of the opposite parties by way of negligent attitude to take further necessary urgent steps to arrange the flight ticket to the complainant for his journey from Delhi to Jammu, and pay a sum of Rs.2000/- (Rupees two thousand only) as costs of this proceedings. We further direct the opposite parties to comply with the order within 20 days from the date of receipt of this order.
Pronounced in open Forum on this the 31st day of March, 2011.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
PW1 - Sreejith.B. (Witness)
Ext.A1 - Boarding pass issued for the flight ticket No.G-8-372
Ext.A2 - Board pass issued for the flight No. IC 82
Ext.A3 - Ticket in flight No. IC 821 from Delhi to Jammu
Ext.A4 - Visiting of the first opposite party
Ext.A5 - Advocate notice dt. 23.10.10 issued by the complainant
Ext.A6 & A7 - Postal receipt and acknowledgement card
Evidence of the opposite parties:- Nil
// True Copy //
By Order
To Senior Superintendent
Complainant/Opposite party/ S.F.
Typed by:-pr/-
Compared by:-
