CC/79/2018
Date of Filing – 21.02.2018
Date of Judgement- 08.08.2018
Mr. Ayan Sinha, Member.
This is a complaint made by Sri. Amitabha Das, son of Late Ajit Kumar Das of P-245, Purna Das Road, P.S. Lake, Kolkata- 700029 West Bengal against (1) Silverjet Travel Mgmt. Pvt. Ltd.(OP NO.1), (2) Mr.Shakir Hussain, Director of Silverjet Mgmt. Pvt. Ltd. both of B.K. Market, 1st Floor, 16 B, Shakespeare Sarani, Kolkata – 700071 (OP NO. 2), (3) Travel Lite (OP NO. 3),(4) Mr.Vikas Agarwal Proprietor of Travel Lite, Both of 107, Rashmoni Nagar, Sodpur, Kolkata-700110 and their men, agents and associates (OP NO. 4) praying for directions upon OPS to refund Rs. 90000 towards the cost of tickets with accrued interest along with compensation of Rs.4,00,000 for mental harassment and lower down the prestige of the petitioner and his family members in front of their society and any other order may deem fit and proper.
Facts In Brief are that the complainant had decided to arrange a Family Tour to Singapore and accordingly came in contact with the OPS.
OP NO.2 is the Director of OP NO.1 and OP NO.4 is the Proprietor of OP NO.3 who is the sub agent of OP NO.1. The OPS having business of purchasing Train and Air tickets in India and Abroad for their customers and having respective offices.
Accordingly, the complainant placed an order for three air tickets For Singapore Airlines for himself, his wife and son with a scheduled departure on 22/05/2016 against which OPS demanded Rs. 90000 and the full amount was paid to OP NO.4 (a) by cash Rs.6000 (B) by three cheques of RS. 28000 Each vide no. 603097 Dt. 18/04/2016 drawn on SBI Mysore (from the account of his wife), cheque no. 916880 Dt. 18/04/2016 drawn on UBI, and cheque no. 474830 Dt.20/04/2016 in favour of OP NO.3 i.e. Travel Lite. Thereafter the OP NO.3 against receipt of the payment, undertook to purchase Three Air Tickets for Singapore and will hand over the same to the complainant within a short period. As stated in the petition of complaint that all the transactions were made at the petitioner’s residence.
OP NO.1 sent three Electronic Tickets of Singapore Airlines bearing no. ETKT 6181725887616- 7618 on 21/04/2016 in the Email Id of the complainant. Upon receiving the same, the complainant made themselves ready with bag and baggages for the scheduled Singapore trip on 22/05/2016.But on 21/05/2016, the complainant came to know the Air tickets have been cancelled by the OPS which is just one day before the scheduled journey date. The complainant did not get any satisfactory reply from OPS, the reasons for cancellation of tickets. As mentioned in the complaint petition that OP NO.4 promised to arrange tickets for the same schedule which he could not arrange and thereafter assured to refund the money by 23/05/2016.The complainant persuaded for refund but OPS did not refund the money for Air tickets which were cancelled by OPS. OP NO.4 gave false assurances and finally on 25/05/2016 refused to make any payment to the complainant.
The complainant has alleged that the OPS have wrongfully gained Rs.90000/- and thus the complainant filed this case for seeking justice.
Notices were summoned upon all OPS. The complainant has also filed Affidavit Of Service.
But none of the OPS contested this case by filing Written Version and so the case proceeded Ex-parte against them. In order to prove his case, The Complainant has filed Affidavit In Chief where he has reiterated the facts as mentioned in the complaint petition.
Main Point For Determination is to
- Whether the complainant is a Consumer as per C.P. act.
- Whether the case is maintainable for Territorial Jurisdiction.
- Whether there is any Deficiency Of Service upon OPS.
- Whether the complainant is entitled to the reliefs as prayed for.
Decision With Reasons:
Point no. (i)
On perusal of the copy of documents in file, it appears that the complainant has paid Rs.90, 000/- to OP NO.3 and the same has been duly received by OP NO.4 Further perusal of the Xerox copies of one receipt and Bank Pass Book, which reveal that OP NO.3 has received payment of Rs.90000 as in following manner.
- Rs.6000/- by cash.
- Rs.28000 vide cheque no. 916880 Dt. 18/04/2016 which was cleared on 20/04/2016.
- Rs.28000 vide cheque no. 603097 Dt. 18/04/2016 which was cleared on 20/04/2016.
- Rs.28000 vide cheque no.474830 Dt. 20/04/2016 which was cleared on 22/04/2016.
So there is no doubt that the complainant is a Consumer as per C.P. ACT 1986.
As such point no (i) answered accordingly.
Point no. (ii)
The complainant has already stated in the complaint petition that all the transactions have taken place at the residence of the complainant although the office address of the OPS are not within the Territorial jurisdiction of this forum. On Perusal of the Xerox copies of three Air tickets, it is clearly understood that the said tickets were sent to the Email Id of the complainant by OP NO. 1, i.e. Silverjet Travel Mgmt. Pvt. Ltd. On 21/04/2016.
In this matter we have relied upon judgements in HONB’LE NCDRC in Spicejet Ltd. vs Ranju Aery 2017 where HONB’LE NCDRC was pleased to hold:
“14. In so far as the issue of territorial jurisdiction is concerned, the State Commission have aptly brought out in the impugned order that part of the cause of action arose at Chandigarh, because with booking of the travel tickets on the internet, the acceptance of the contract was received by the complainant through internet at his place of business/residence. We have no reasons to differ with the view taken by the State Commission that the State Commission at Chandigarh had the territorial jurisdiction to handle the complaint.” and HONB’LE NCDRC was pleased to Dismiss the revision petition case filed by Spicejet.
In the instant case also complainant received all the three tickets through Email from OPS.
So there is no doubt that the instant case is maintainable in this forum as per Territorial jurisdiction is concerned.
As such point no (ii) answered accordingly.
Point no. (iii)
On perusal of the Xerox copies of Three Air tickets sent to the complainant on 21/04/2016, there is no doubt that the OP NO. 1 had issued the three air tickets on 21/04/2016 Bearing No.ETKT6181725887616, ETKT 6181725887617 & ETKT 6181725887618 where it is clearly mentioned that the E tickets were issued by SILVERJET TRAVEL MGMT.PVT on 21/04/2016 mentioning agent: 2510 mentioning Passenger’s name in each of the three tickets along with date of journey shown as 22/05/2016 bY SINGAPORE AIRLINES.
On further perusal of several email correspondences between OP No.1, OP No. 4 & the Complainant, it appears in Email dt. 13/05/2016 sent by OP No. 2 Mr. Shakir Hussain,(director of OP No. 1) to the complainant that they might cancel the Air tickets at any time without further notice since OP No. 4 Mr. Vikas Agarwal (Proprietor of OP No. 1) has failed to make payments against some past dues and at the same time stated to contact OP No. 4 so that OP No.4 make Payments to OP No.1. OP No.1 also stated they cannot force the complainant to make payment as the complainant has paid to OP No.4. OP No.1 has admitted in their Email Dt. 14/05/2016 addressed to the complainant that OP No.3 is their agent. “And if agent not pay us will cancel the tickets”. “hence you are requested to directly connect with Mr.Vikash Agarwal of travel lite . We will not be liable for any losses in any way”.
Complainant in his reply has also requested several times to all the ops not to cancel the tickets as he has paid the full amount of Rs.90000 against 3 Air tickets for Singapore by Singapore Airlines but the said tickets were cancelled.
It is very much clear that the OPS are having business of purchasing Air tickets where OP No.3 is the agent of OP No.1. It is really surprising that If OP No. 1 has not received the payment from OP No.3 (Agent)for some past dues, then what compelled them to issue three Air tickets on 21/04/2016 which were also sent by them to complainant through Email and thereafter taking a plea that OP No.4 being their agent has not paid the money and shirk off their liabilities giving reasons for the cancellations. The agent OP No. 3 represented by OP No.4 after taking full amount from the complainant and thereafter also remained silent by neither making alternative arrangements nor by refunding Rs.90,000 to the complainant which is a gross deficiency of service . If OP No.3 being the agent of OP No.1, does not pay the money to OP No.1, why will the complainant suffer.
One can well understand the mental agony and harassment of the complainant by the act of ops when he is coming to know on 21/05/2016 about cancellation of Air Tickets for the much awaited enjoyable Family Trip which is just one day before the scheduled departure dt. i.e. 22/05/2016 and that also without any fault from his part.
So we are of the opinion that OP No.1 & OP No.2 also cannot shirk off their liabilities due to the serious misconduct of OP No.3 & OP No.4. The complainant may not know the contract of Business transactions between the OPS. But it is the complainant ultimately who had to suffer and being deprived from his family tour.
It is settled principle that the Agents act on behalf of the company with whom is having business under certain business terms and conditions.
In the instant case also OP No.1 has admitted that OP No.3 who is represented by OP No.4 is his sub agent and OP No. 4 has received the money from the Complainant. The OPS mainly OP No.3 & OP No.4 could have resolved the issues between themselves without harassing the complainant by cancelling the said tickets one day before the date of journey.
So we hold there is certainly a Gross Deficiency of Service on the the part of OPS.
As such point no (iii) answered accordingly.
Point no. (iv)
Considering Facts & Circumstances and depriving the complainant from his family trip which is caused by the OPS and secondly, since the instant case also remained unrebutted and unchallenged, we have no ambiguity to pass order for allowing relief to the complainant.
As such point no. (iv) answered accordingly.
The complainant has also prayed for compensation of Rs. 4,00,000 for mental harassment and lower down the prestige of the complainant and his family members in their society.
We certainly understood the mental suffering and trauma of the complainant and his family on 21/05/2016 when the air tickets for the scheduled journey dt. 22/05/2016 were cancelled.
Complainant has not filed any document or evidences from where it can be seen the quantum of losses occurred due to the said cancellation of tickets of his family trip.
In this matter we have relied upon judgement in
HONB’LE SUPREME COURT in Ghaziabad development authority vs BALBIR SINGH in 2004 where HONB’LE SUPREME COURT was pleased to hold,“The word compensation is of a very wide connotation. It may constitute actual loss or expected loss and may extend to compensation for physical, mental or even emotional suffering, insult or injury or loss. The provisions of the Consumer Protection Act enables a consumer to claim and empower the Commission to redress any injustice done. The Commission or the Forum is entitled to award not only value of goods or services but also to compensate a consumer for injustice suffered by him. The Commission/Forum must determine that such sufferance is due to malafide or capricious or oppressive act.”
Keeping in view we are opined to allow compensation in this instant case.
So we are of the view if a direction be given upon OPS to Refund Rs.90,000 with interest from 20/04/2016 ( which is the last date of payment made by complainant to OP No. 3) to the complainant along with compensation of Rs. 30,000 justice would be served.
Hence Ordered
CC/79/2018 and the same is allowed ex-parte against op no.1, op no.2, op no. 3 and op no.4 with costs.
The ops are directed to refund Rs.90,000/- to the complainant along with interest @8% p.a. from 20/04/2016 within 30 days from the date of this order.
The ops are also directed to pay compensation of Rs.30,000 to the complainant within the aforesaid period.
The liabilities of ops are joint and several.
