BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT.

Complaint No. : 171

Date of Institution : 9.6.2010

Date of Decision : 27.9.2010

Parveen Kataria wife of Ashwani Kataria, resident of Railway Road, Kotkapura, Tehsil and District Faridkot.

...Complainant

Versus

1. Spice Jet Ltd., Cargo Complex, Terminal 1 B, Indra Gandhi International Airport, Domestic Terminal, New Delhi through its MD.

2. Canara Bank, Moga Road, Near Narinder Theater, Kotkapura through its Branch Manager.

...Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

Quorum: Sh. Ashok Kumar President

Dr. H.L. Mittal Member

Present: Sh. Anil Chawla counsel for the complainant.

None for opposite party No.1.

Opposite party No. 2 exparte.

ORDER

Complainant has filed the present complaint against the opposite parties for not crediting the amount of Rs. 6,969/- in the account of the complainant No. 6532 with the opposite party No. 2 refunded by the opposite party No. 1 and for directing the opposite parties to refund the amount of Rs. 6969/- to the complainant and credit the same in the account of the complainant and to pay Rs. 20,000/- as compensation on account of harassment and mental agony besides litigation expenses of Rs. 2,500/-.

2. Briefly stated, the case of the complainant is that she got booked an Air Ticket for her son Nipun Kataria from Delhi to Pune through on line computer and the ticket money was paid by the complainant from her Saving Account No. 6532 with the opposite party No. 2 at Kotkapura and the said amount was duly debited in the account of the complainant on 13.3.2010. Later on due to some family problem the programme of the son of the complainant was canceled and the complainant got canceled the ticket and requested for refund of the ticket money. Accordingly, the opposite party No. 1 canceled the ticket and informed the complainant that the amount has been refunded vide No. RR-008119304114 dated 22.3.2010 but till filing of the complaint the amount of Rs. 6969/- has not been credited to the account of the complainant. She has requested the opposite parties so many times to refund the amount of Rs. 6969/- and credit the same to the account of the complainant but to no effect, which amounts to deficiency in service on the part of the opposite parties. Complainant is also entitled for compensation of Rs. 20,000/- and litigation expenses of Rs. 2,500/-. Hence this complaint.

3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 10.6.2010 complaint was admitted and notice was ordered to be issued to the opposite parties.

4. In response to the notice, the opposite party No. 1 sent the written reply through post taking preliminary objections that in the present case a ticket was booked through internet on 12.3.2010 for Nipun Kataria. The ticket was to travel from Pune to Delhi through Flight No. SG 217 on 24.3.2010 and for travel from Delhi to Pune for 28.3.2010. The total amount of the ticket was Rs. 6969/- and payment of this amount was made through credit card. The answering opposite party however received request for cancellation of the said tickets on 18.3.2010 and accordingly, on the request of the complainant the said tickets were cancelled and a sum of Rs. 5469/- (after deduction of cancellation charges @ Rs. 750/- per passenger per trip total amounting to Rs. 1500/-) had been credited to the said credit card by the answering opposite party on 22.3.2010. After few days the complainant gave a telephonic call to the answering opposite party and enquired about the amount to be refunded back to her and she was told that the said amount of Rs. 5469/- stands remitted back to her credit card way back on 22.3.2010 and she was also told the RR number of the said remittance and she was further requested to enquire the same with her bankers. It is further submitted that this Forum has no jurisdiction to entertain the present complaint as neither any of the opposite parties resides and works for gain within the territorial jurisdiction of this Forum nor any cause of action arose within the territorial jurisdiction of this Forum. On merits, it was alleged among other things that the tickets were cancelled at the request of the complainant and a sum of Rs. 5469/- were credited to the credit card account of the complainant after deducting the amount of Rs. 1500/- on 22.3.2010 and she was also told the RR number of the said remittance. So, there is no deficiency or unfair trade practice on the part of opposite parties. The allegations with regard to relief sought too were refuted with a prayer that complaint deserves to be dismissed with costs.

5. Notice was also sent to opposite party No. 2 through registered cover on 14.7.2010 but despite that none appeared on behalf of opposite party No. 2 and opposite party No. 2 was proceeded against exparte vide order dated 20.8.2010.

6. All the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence her affidavit Ex.C-1, copy of pass book Ex.C-2, account statement of Canara Bank Ex.C-3 and closed her evidence.

7. We have heard the learned counsel for the complainant and have very carefully gone through the affidavits & documents on the file. Our observations & findings are as under.-

8. The grouse of the complainant in this case is that despite claim of the opposite parties that requisite amount has been refunded vide No. RR-008119304114 dated 22.3.2010 but the said amount has not been credited in the account of the complainant as yet. In the reply filed by the opposite party No. 1 opposite party has submitted that a sum of Rs. 5469/- (After deduction of cancellation charges at the rate of Rs. 750/- per passenger per trip total amounting to Rs. 1500/-) had been credited to the credit card of the complainant on 22.3.2010 through the RR number referred to above.

9. Having given thoughtful consideration to the rival stands taken by both the sides and the record on file we are of the opinion that the claim of the opposite party as to the refund of Rs. 5469/- after deducting the cancellation charges is not substantiated as nothing has come in this respect in the statement of accounts of complainant Ex.C-3 for the period from 13.3.2010 to 14.9.2010. It is worth pointing out that complainant had paid the money to the opposite parties from her Saving Bank Account No. 6532 and the amount for the purpose was duly debited in the account of the complainant on 13.3.2010 when she got booked Air tickets for her son Nipun Kataria from Delhi to Pune through on line computer. Position in this respect stands confirmed from bank statement Ex.C-2.

10. It is also noticed that complainant has not made any transaction with the opposite party through credit card, so question of crediting Rs. 5469/- to her credit card through RR number in question otherwise does not arise at all. In the absence of anything to the contrary the stand of the opposite party has remained to be butterest by any reliable evidence.

11. In view of the above observations and findings, the complaint filed by complainant Parveen Kataria is partly accepted against the opposite party No. 1. However, her complaint against the opposite party No. 2 is dismissed. Accordingly, the opposite party No. 1 is directed to pay the amount of Rs. 5469/- to the complainant and also to pay her Rs. 5,000/- as compensation on account of harassment, mental agony and litigation expenses, totaling Rs. 10,469/-, within the period of one month from the date of the receipt of the copy of this order, failing which the opposite party No. 1 shall pay the above mentioned amount of Rs. 10,469/- alongwith interest at the rate of 9% per annum from the date of the filing of this complaint till realization of the amount. In case no compliance is made out of this order, complainant shall be entitled to proceed under the provisions of Sections 25 and 27 of the Consumer Protection Act. Copies of the order be sent to the parties free of costs. File be consigned to record room.

Announced in open Forum:

Dated: 27.9.2010

Member President (Dr. H.L. Mittal) (Ashok Kumar)