DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 06^th day of March 2019

Present   : Smt.Shiny.P.R. President

              : Sri.V.P.Anantha Narayanan, Member         Date of filing:  08/10/2018

                                                CC/124/2018

Dr.(Maj.Gen)P.Subhas, VSM(Retd.)

S/o Late.A.Madhavan Nair,

Dhakshyani Nilayam,                                                         -  Complainant

Puthiyankam Lane,

Koppam, Palakkad – 678 001.

(By Adv.E.Krishna Das)

                                                            Vs

Sky Link Tours & Travels,

Anchery.P.O, Kuttenellur, Thrissur.

Sky Link Tours & Travels,

Anchery.P.O, Kuttenellur, Thrissur.

Anchery.P.O, Kuttenellur, Thrissur.

Represented by Sri.Ranjith Antony.

(By Adv.K.A.Stanly James)

                                                          O R D E R

By Sri.V.P.Anantha Narayanan, Member

The case of the complainant is briefly explained as under. The complainant is a retired Major General from the Indian Army and a cancer surgeon practising in Palakkad.  He had planned a visit to the USA for holidays and to attend the marriage of his nephew’s son at Houston.  Dr.Sreekumar Menon, Neurologist based in Thrissur contacted the opposite parties to book the tickets as they had arranged tickets for complainant’s travels earlier.  The 1^st opposite party is the owner of the 3^rd opposite party travel agency and 2^nd opposite party is the manager of the 3^rd opposite party travel agency and the opposite parties, on contacting them directly by the complainant quoting the reference of Dr.Sreekumar, offered to book the tickets for the complainant’s overseas trip, the complainant had planned to travel from Mumbai to Detroit Via Frankfurt, from there to Raleigh and then to Houston where complainant’s nephew’s son’s marriage was scheduled to be conducted and the returned journey was planned from Houston to Mumbai via London and from there to Coimbatore and the 2^nd opposite party forwarded the details of the tickets and amount involved (which was Rs.7,90,000/-).  To the offer made by the opposite parties complainant transferred Rs.8,00,000/- from his account with the Sultanpet branch of Canara bank on 18/05/2018 to the account of the 3^rd opposite party via direct bank transfer through NEFT and an excess amount of Rs.10,000/- was sent on request by the 2^nd opposite party.  After receiving the amount sent by the complainant the 2^nd opposite party confirmed having received the amount by phone and promised to book tickets.  Till 07/06/2018, the 2^nd opposite party was continuously in touch with the complainant.  According to the complainant the tickets were not booked even after more than fifteen days have passed since the payment of money and hence complainant informed the 2^nd opposite party about the same; on 09/06/2018 the 2^nd opposite party made a surprise visit to Palakkad and called on the complainant and assured the complainant that tickets will be issued shortly; the 2^nd opposite party also mentioned that the 1^st opposite party owner was not in station and the tickets would be issued at the earliest.  On 11/06/2018 Dr.Sreekumar, informed the complainant that 2^nd opposite party informed the former about his inability to book the tickets because the 1^st opposite party did not release the funds to book the tickets and he was in Dubai.  Although the complainant then contacted the 2^nd opposite party, he stated that he is only an employee and the owner (1^st opposite party) has fled from the country.  The complainant tried his best to contact the 1^st opposite party who communicated with the complainant through “WhatsApp messages” and pleaded for time to repay the amount.  Finally complainant chose to cancel the tickets which was communicated by him to the opposite parties by e mail on 13/06/2018 and requested for refund of tickets amounts.  But the opposite parties did not reply.  Complainant submits that although the opposite parties were liable to arrange the tickets, they failed to do so; on their failure to book the tickets they were liable to refund the amount given by the complainant, but the opposite parties have failed to do that also.  In order to keep his commitments made by him, the complainant travelled to the USA on the scheduled day by arranging tickets himself; he had to pay excess charges due to the last minute booking and instead of premium tickets he had to book economy tickets.  The complainant and his wife faced huge mental agony and physical hardship due to change of class tickets.  Complainant pleads that he and his family members underwent huge mental agony and hardship due to the fraudulent acts and deficiency in service committed by the opposite parties.  Complainant prays this Forum to direct the opposite parties to refund 8,00,000/- to him along with 9% interest from the date of cancellation to the date of payment and pay to the complainant Rs.5,00,000/- as compensation for mental agony and financial loss faced by the complainant. 

The complaint was admitted and notice was issued to opposite parties to enter their appearance and file their versions.  Notices to opposite parties returned stating door closed.  Hence notices were deemed to be served.  Their names were called absent and they were set ex-parte. 

Complainant filed chief affidavit.  Exts.A1, A2 & A3 series were marked from the side of the complainant.  He was also heard. 

          The following issues arise in connection with this case.

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite parties?
2. If so, whether complainant is entitled to relief and cost?

Issues 1 & 2 in detail

We observe from the affidavit and documentary evidences submitted by the complainant before this Forum that although the opposite parties offered to book the tickets for the overseas trip of the complainant and his wife from Mumbai to Houston and for their return trip from Houston to Mumbai and the complainant transferred Rs.8,00,000/- from his account on 18/05/2018 to the account of the 3^rd opposite party via direct bank transfer through NEFT which is quite clear from Ext.A1 and excess amount of Rs.10,000/- was also sent on request by the 2^nd opposite party, for this purpose, the opposite parties failed to book the tickets for complainant’s overseas trips.  It is also seen that the 2^nd opposite party has confirmed having received the amount by phone from the complainant and promised to book the tickets which is clear from e-mail communication marked as Ext.A2 between the complainant and the opposite parties, the tickets were not booked even after more than 15 days of the payment of the money.  It is also observed that complainant was informed that the 2^nd opposite party did not book the tickets due to non release of funds by the 1^st opposite party who has fled from India thereby cheating the complainant and the complainant gave a complaint about this cheating to the Assistant Commissioner of Police, Thrissur which is disclosed by Ext.A3 series and the investigation on this complaint is in progress.  We also observe that the opposite parties neither sent a letter to the complainant nor arranged tickets for the overseas tour of the complainant and his wife nor refunded the amount advanced for that purpose by the complainant and as a result complainant had to book tickets himself for his overseas US trip by paying excess charges due to the last minute booking, had to book economy tickets instead of premium tickets, all of which must have caused to the complainant and his wife huge mental agony and hardship due to the fraudulent acts and deficiency of service committed by the opposite parties.  It is also viewed that the 1^st opposite party has fled from India after receiving necessary amount from the complainant for his overseas tour, but without booking tickets for their overseas tour to USA and also without making any alternate arrangements for their smooth overseas US trip.  It is also seen that 2^nd and 3^rd opposite parties simply washed their hands without making any alternate arrangements for the overseas tour of the complainant and his wife to the USA and back.  In order to keep up his commitments complainant had to book tickets himself by paying excess charges due to the last minute booking, had to book economy tickets instead of premium tickets.  All these would have definitely created a lot of mental agony and huge hardship to the complainant and his wife, which are caused only due to the fraudulent acts, deficiency in service and unfair trade practice committed by the opposite parties.  Hence complaint is allowed.   

We order the 1^st, 2^nd and 3^rd opposite parties to be jointly and severally liable to refund Rs.8,00,000/- (Rupees Eight lakh only) paid by the complainant to the opposite parties for booking tickets for arranging overseas trip to the complainant and his wife along with interest at 8% per annum for Rs.8,00,000/- (Rupees Eight lakh only)  from 18/05/2018 till realization; the 1^st, 2^nd and 3^rd opposite parties are also jointly and severally directed to pay to the complainant Rs.10,000/- (Rupees Ten thousand only)  by way of compensation for mental agony suffered by the complainant and his family and Rs.2,000/- (Rupees Two thousand only) by way of cost of proceedings.

          This order shall be executed within one month from the date of this order.

          Pronounced in the open court on this the 06^th day of March, 2019.

             Sd/-

                   Shiny.P.R

                   President

                        Sd/-

    V.P.Anantha Narayanan

                  Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 - Statement of the bank account of complainant issued by Canara Bank,

            Sultanpet Branch, Palakkad to complainant.

Ext.A2 - Email communication between the complainant and the opposite parties.

Ext.A3(series)- Copy of complaint filed by the complainant to the Assistant

Commissioner  of Police, Thrissur along with original     Acknowledgment Receipt petition.

Exhibits marked on the side of Opposite parties

Nil.

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost

          Rs.2,000/-