JUDGEMENT

          Complainant by filing this complaint has submitted that complainant purchased 4 air-tickets from 1) Kolkata to Chennai, 2) Chennai to Mumbai, 3) from Mumbai to Kandala and 4) from Ahmedabad to Kolkata via Delhi having date of flight 06.06.2012, 08.06.2012 and the complainant paid online payment for two those air-tickets for his air travel from the website and from Ahmdedabad to Kolkata flight having date of journey 08.06.2012 which was the subject matter of the instant case and complainant paid Rs.6,840/- to the op no.1 through the op no.2 online basis.

          Op on receipt of the payment from the complainant also confirmed all those tickets over the email of the complainant and after getting confirmation of duly confirmed tickets the complainant took a print out of such confirmation of tickets and the said print out also depicted the PNR number of the Ahmedabad – Kolkata flight operated by op no.1.  In fact out of 4 travel tickets, 3 air tickets as detailed in the schedule went off smoothly but the real trouble started when the complainant reached airport at Ahmedabad on 08.06.2012 for catching flight of the op no.1 from Ahmedabad to Kolkata via Delhi and on arrival airport at Ahmedabad early in the morning for catching Spice Jet flight, he went to the counter of op no.1 at the airport but he had a horrible experience since the attending personnel at counter told the complainant that his name did not present in the passenger list of 08.06.2012 but in the list of previous day’s passenger list meant for 07.06.2012.

          Complainant just to prove his bona fides, produced all relevant documents which was received from the op no.2 but the ground staff of op no.1 namely Parth Bhatt refused to rely upon them rather he randomly alleged that the complainant had forged the documents.  Thereafter op no.1 called his colleagues and the complainant was abused and assaulted by the said staff and they also called the CISF posted there and threatened the complainant to hand over to the CISF.

          Thereafter complainant hearing the above background rang up the helpline of op no.2 but the concerned staff after listening the complainant’s problem, pleaded his helplessness to provide any solution and also refused to talk to the ground staff of op no.1 rather asked the complainant to purchase tickets of another flight.  Finding no other alternative complainant was compelled to purchase ticket of another flight operated by Indigo for Rs. 8,386/- which was scheduled to fly at 10 AM from Ahmedabad to Kolkata via Delhi and finally the complainant reached Kolkata at about 1:15 PM on 08.06.2012 as no other air-ticket for Kolkata was available on that day.

          Subsequently complainant tried to contact with op no.2 over telephone and upon hearing the reference number of the relevant flight, he was given the same treatment as on the date of flight and in fact for negligence and deficient manner of service on the part of the op nos 1 & 2 because op no.1 has appointed as his agent.  So, both are legal for action in connection with deficiency in service on the part of the op no. 2 and in the above circumstances complainant has prayed for directing the op nos. 1 & 2 to refund  Rs. 6,840/- being the cost of confirmed ticket dated 08.06.2012 and also direction for causing mental pain, harassment etc.  

          On the other hand authority of Spice Jet Ltd. by filing this complaint has submitted that the present complaint is not maintainable and there is no contractual relationship in between op nos. 1 & 2 because op no.2 is an independent entity engaged in providing various kinds of travel services including booking of almost every airline operator and booking of hotels, etc and for the laches on the part of the op no.2, op no.1 cannot be made liable for any act done by or on the part of op no.2 and in fact complainant purchased tickets from op no.2 in respect of flight of op no.1 and there is no relation of principal agent relationship in between the op nos. 1 & 2 and the claim of the complainant is false and there is no question of abusing the complainant at any point of time or to assault or harass and it is concocted one and if any wrong has been done that has been done by op no.2 and for which op no.2 shall be responsible.  No doubt op no.1 is Spice Jet Ltd. and complainant purchased the tickets from Easy Trip Planners Pvt. Ltd. op no.2 and it is specifically mentioned that they never received any money through op no.2 for any ticket for travel on June-8, 2012 as claimed by the complainant.

          But fact remains the ticket was for another day that is on 07.06.2012 and practically op no.2 the agent recognized by IATA and registered their identity with the air lines, hotels business, venture and act of principal to principal basis and there is no conduct in between the complainant and op no.1 as claimed by the complainant and in fact complainant missed the schedule flight on 08.06.2012 and regarding such allegation and has neglected to inspect the tickets issued by op no.2 and now with false complaint as such complaint liable to be dismissed.

          Whereas op no.2 by filing written statement submitted that the op regretted an apology to the complainant for the instant case which was beyond control of the op and op was agreed and intended to pay Rs. 8,386/- which the complainant paid to another flight.  It is specifically mentioned in the written statement of the op that op no.2 had sent ticket through email but as per email printout date was shown correct which is reflecting in printout, ticket was made by easemytrip.com but due to some technical error in website server, he took back date in that PNR and there was not any role or malpractices on the part of op no.2 and op states that due to some technical server problem the instant incident has been took place but denied all other allegations.

          Op no.2 has further submitted that he already paid for the ticket in question and did not get any refund of that ticket from the op no.1.  But op no.2 is willing to pay the same and prayed for dismissal of this case.

                                                       Decision with reasons

On proper consideration of the entire complaint and written version of the op nos. 1 & 2 including the payment of complainant, it is found that complainant purchased tickets through op no.2 and got details of the tickets by email and actually as per email his date of journey was 08.06.2012 and in fact op generated two tickets both was booked by the complainant and op has sent tickets through email.  But as per email ticket date was shown correct which was reflected in the printout ticket was made by easetrip.com. But due to some technical error in the receipt of two tickets paying date in that PNR and fact remains complainant got email in respect of his easetrip.com and in that email date of journey noticed on 08.06.2012 but peculiar factor is that e-ticket was not received by the complainant as it is alleged.  But op has stated that e-ticket date of journey noted on 07.06.2012 but complainant has not filed that e-ticket and practically from another re-schedule it is clear that complainant purchased tickets for 06.06.2012 and 07.06.2012 Spice Jet Ltd also reported to the complainant that PNR was booked for 07.06.2012 in Spice Jet Ltd. from Ahmedabad to Kolkata and it was confirmed ticket.

          But whatever may be it is clear that op no.2 on receipt of the notices of the complainant agreed to refund Rs. 8,386/- but complainant did not receive it and appeared before this Forum.  So considering that fact, it is clear that op no.2 whom the complainant deposited that Rs. 6,840/- for purchasing the air ticket and that op has admitted that due to some technical error of server problem incident took place and he is willing to pay higher amount that is Rs. 8,386/- and which was paid by the complainant for filing a separate flight to reach at Kolkata.  So invariably complainant ought to have received it without filing this complaint because in the complaint complainant has prayed for only Rs.6,840/- but op no.2 as service provider agreed to pay Rs.8,386/-.  But complainant refused to accept it.  It indicates that it has become a practice of the consumer anyhow to squeeze more money by creating an atmosphere before the Forum that service provider is at fault.  But in the present case op has agreed to pay Rs. 8,386/- though complainant has claimed Rs.6,840/- that means op no.2 agreed to pay another amount of Rs.1,546/- including Rs. 6,840/- for giving some benefit to the complainant. 

          Fact remains this complaint is not tenable against op no.1 in view of the fact.  Complainant purchased ticket through op no.2 practically PNR was issued for the journey dated 07.06.2012 and e-ticket was not collected from the op no.2 and for which this incident took place.  But even then op no.2 agreed to pay Rs. 8,386/- and complainant refused it which is no doubt an unfair practice on the part of the complainant.

          Considering all the above fact and materials we are convinced to hold that when op no.2 the service provider is willing to pay more than the claim amount that is the claim amount of ticket is Rs. 6,840/- but op already agreed to pay Rs. 8,386/-.  Then we are convinced that there was no laches on the part of the op.  Op with compensation tried to pay the same.  So as per policy of the op no.2 we are allowing this complaint and directing the op to pay the amount to the complainant within one month from the date of this order and complainant has been failed by suppressing all facts and no cost is awarded.

          Hence, it is

                                                                ORDERED

That the complaint be and the same is allowed on contest on admission of op no.2 against the op no.2 and same is dismissed against op no.1 but without any cost in both the cases.

          Op no.2 is hereby directed to pay Rs. 8,386/- as final amount against final disposal of this case to the complainant within one month from the date of this order failing which op no.2 shall have to pay Rs. 100/- per day as punitive damages for violating and disobeyance the Forum’s order and also for non-payment of the decretal amount to the complainant and if said amount is collected it shall be deposited to this Forum at once.

          Op no.2 is hereby directed to comply the order very strictly within stipulated time failing which penal action shall be started against them for which op no.2 shall be responsible and he may be further imposed penalty and fine as per provision of u/s 27 of C.P. Act 1986.