Date – 01.11.2021
SRI SWADES RANJAN RAY
President
The facts of this case, in short, is that the Complainant booked 7 tickets through Opposite Party no.-2 on 17.04.2014 with a view to travel from Kolkata to Port Blair being booking ID. No.- 40487532750 and the departure date on 01.01.2015 which was confirmed by the booking officer.
That on 01.01.2015 the Complainants reached at the Calcutta Airport with their luggage. That on reaching therein, they came to learn that their tickets have been cancelled without their knowledge and without any intimation and without any refund. Thereafter, immediately Complainants tried to contact with booking agent but booking agent remained silent.
That the Complainants requested Opposite Party No.-1 for arranging 4 tickets. Accordingly, Opposite Party No.-1 arranged 4 tickets on payment of ₹1,13,848/-. Due to urgency, Complainants paid ₹1,13,848/- and travelled on 01.01.2015 from Kolkata to Port Blair. Opposite Parties (O.P.s) did not refund ₹26,000/- which was paid by the Complainants.
That the Opposite Parties did not refund ₹1,13,848/- and ₹26,000/-.
Hence, this case,
Opposite Party No.-1 and Opposite Party No.-2 contested this case by filing Written Version wherein Opposite Party No.-1 and Opposite Party No.-2 denied all the allegations made against them.
It is the case of the Opposite Party No.-1 and Opposite Party No.-2 that on request of Opposite Party No.-3, the executives of customer care cancelled the tickets. At the time of cancellation of tickets, PNR number, names of passengers and other particulars are required, which was supplied by the Complainants through Opposite Party No.-3.
Opposite Party No.-1 and Opposite Party No.-2 preserved the recorded conversation between the said person and customer care executive.
That after cancellation tickets and after deduction of the charges, the refunded amount was remitted to the Complainants through Opposite Party No.-3.
Hence, no deficiency of service in the part of Opposite Party No.-1 and Opposite Party No.-2. As such no cause of action against Opposite Party No.-1 and Opposite Party No.-2.
Opposite Party No.-3 contested this case by filing Written Version. In his Written Version, Opposite Party No.-3 denied the material allegations against him.
It is the case of Opposite Party No.3 that the Complainants requested the Opposite Party No.-3 to cancel three tickets but Opposite Party No.-3 did not request the Opposite Party No.-1 and Opposite Party No.-2 to cancel other 4 tickets. Opposite Party No.-3 did not know on what basis Opposite Party No.-1 and Opposite Party No.-2 cancelled the remaining 4 tickets.
It is the further case of Opposite Party No.-3 that on receiving the refund from Opposite Party No.-1, this Opposite Party No.-3 returned money to the Complainants. Hence, there is no cause of action, on the part of Opposite Party No.-3 and this complaint case is liable to be dismissed.
Points for decision
- Whether complainant has any cause of action to file this case or not?
- Whether Opposite Party No.-3 refunded the money of cancelled tickets in favour of Complainants or not?
- Whether complainant is entitled to get any relief / reliefs as prayed for or not?
Decision with reason
All these points are taken up together for sake of convenience and brevity.
I have carefully perused the petition of Complaint, Affidavit-in-Chief as well as Written Version and available documents and annexure of the both parties.
The only case before this Commission is that the Complainants never requested the Opposite Party No.-3 –
- For cancellation of any tickets.
- That the Complainants did not refund any money for cancelled tickets.
- Who will responsible for the inconvenience or this situation?
It is the case of Complainants that he never made any request for cancellation of any tickets or 3 (three) tickets.
On the contrary, Opposite Party No.-3 strongly denied the contention of the Complainants and stating that Complainants requested the Opposite Party No.-3 for cancellation of three tickets. None of parties gave any cogent evidence or documents in support of their contention except affidavit Vs affidavit. Now, the question before the Commission, why Opposite Party No.-3 suo moto cancelled the tickets with a view to inconvenience of the Complainants. Considering the situation, I hold that Complainants requested the Opposite Party No.-3 for cancellation of three tickets.
Opposite Party No.-1 and Opposite Party No.-2 stated in their Written Version that on the basis of request of Opposite Party No.-3, Opposite Party No.-1 cancelled all the tickets. Opposite Party No.-1 further stated that at the time of cancellation, PNR No., names of Passengers and other particulars are required at the time of cancellation which was supplied by Opposite Party No.-3. After deduction of ₹1,500/- per ticket, the balance amount remitted in favour of Opposite Party No.-3 and the conversation of request for cancellation recorded and same has been filed as Annexure - R1. On the contrary, Opposite Party No.-3 did not deny or contradict it by the cogent documents.
On the other hand, on receiving the money remitted by the Opposite Party No.-1, Opposite Party No.-3 did not sent any protest letter or did not agitated this point before Spicejet authorities and there is no denial on the part of Opposite Party No.-3, that Opposite Party No.-3 did not receive any money from Spicejet authorities regarding cancellation of all the tickets.
Therefore, it is proved that all the tickets (7) have been cancelled on the request of Opposite Party No.-3.
Hence, Make My Trip (India) Pvt. Ltd. (Opposite Party No.-3) is responsible for this alleged inconvenience.
Opposite Party No.-3 stated that, he already remitted the entire cancelled money in favour of Complainants which was denied by Complainants. Opposite Party No.-3 has failed to prove it by submitting the bank statement.
Hence, I hold that there is a sufficient cause of action against Opposite Party No.-3 and Complainants will entitle reliefs as prayed for.
Hence, all the points disposed of accordingly.
In the result, this complaint case succeeds.
Court Fee paid correct.
Hence, it is
O R D E R E D
that the Complaint Case No. 307/2015 be and the same is allowed on contest against the Opposite Party No.-3 and no relief against Opposite Party No.-1 and Opposite Party No.-2.
Make My Trip (India) Pvt. Ltd. (Opposite Party No.-3) is directed to make payment of ₹26,000/- (Rupees Twenty Six thousand only) along with excess amount paid by the Complainants for purchasing of four tickets (i.e. ₹1,13,848/- — total money for purchasing previous four tickets by the Complainants) within three (3) months from the date of this order along with interest @ 5% per annum from the date of filing of this case i.e. 12.06.2015 till the date of realization of the entire decreetal amount.
Opposite Party No.-3 is further directed to make payment of ₹15,000/- (Rupees Fifteen Thousand only) for mental pain and agony and litigation cost of ₹10,000/- (Rupees Ten Thousand only) in favour of Complainants within 3 months from the date of this order.
Liberty given to the Complainants to file Execution Case for realization of the above mentioned amount in case of failure to make payment by the Opposite Party No.-3 within schedule time.
Hence, this complaint case is disposed of accordingly.
Let a copy of this judgement be handed over to all the parties at free of cost.
