IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 13th day of September, 2021
Filed on 29.01.2019
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. C.K.Lekhamma.LLB(Member)
In
CC/No.32/2019
Between
Complainant:- Opposite parties:-
Sri. Dr. E.Krishnan Nampoothiri Sri. Sulficar
Vaishnavam Managing Director
Sanathanapuram.P.O Link India Online Services
Alappuzha-3 Thrissur-680581
(Adv. Sri. A. Jaya sankar) (Exparte)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
1. Brief facts of complainant’s case are as follows:-
The complainant along with his 50 friends planned a trip to Varanasi, Gaya, Ayodhaya and Allahabad under the banner of Yogashema Sabha, Alappuzha Dist. Committee. The trip was scheduled from 29/10/2018 to 4/11/2018. Complainant was the convener of said trip and opposite party is the Managing Director of travel agency. As per the direction of the opposite party complainant remitted the amount for flight tickets to the account of the opposite party named Link India Online Services, Trissur. The complainant remitted Rs. 2,00,000/- (rupees Two lakhs only) as advance for the flight tickets from Kochi to Varanasi and Varanasi to Kochi in March 2018 and also again remitted Rs.2,00,000/- (Two lakhs ) in May 2018 also. Altogether Rs. 4,00,000/-(Rupees Four lakhs) for 50 Flight Tickets was remitted to the opposite party. Further, remaining amount Rs.4,62,328/-(Four lakh sixty two thousand three hundred and twenty eight only) was paid on 3/10/2018 and was given list of passengers in time. After that many times, complainant contacted opposite party to get the tickets and they responded very positively. They even sent the timing of the Indigo flights from Kochi to Varanasi on 29/10/2018 and from Varanasi to Kochi on 4/11/2018. On 28/10/2018 they told that the tickets were ready and would be sent before 12.00 Pm on the day of departure ie, 29/10/2018. But opposite party did not provide sufficient service as by not issuing the tickets for the trip. Most of the travelers are senior citizens. It was shocking to them that opposite party were not going to issue tickets. After 12 hrs of effort and struggle complainant manage to get tickets for 50 persons at exorbitant rate from another travel agency which caused heavy financial loss to the complainant this was caused due to the negligent acts of the opposite party. After completion of the trip complainant approached the opposite party many times and demanded the amount of Rs. 8,62,328/-(Rupees Eight lakh sixty two thousand three hundred and twenty eight only). But the opposite party gave 4 cheques and all of them were dishonoured by the bank due to the lack of sufficient fund in their account. At last complainant filed petition before the Station House Office, Medical College dated.1/12/2018. So far he has been refunded only 2 lakhs 30 thousand to the complainant. Hence the complainant approached this Commission seeking compensation from the opposite party for financial loss, psychological strain and deficiency of service.
2. According to the complainant by refusing to refund the amount, opposite party committed deficiency of service. But at the initial time the complainant himself directly filed this complaint therefore he did not claim to refund the amount he paid to the opposite party for air tickets. Hence we are raising a point to that effect also.
3. In view of the above raised following points for consideration:-
1. Whether the complainant is entitled to get refund Rs.8,62,328/- with interest from the opposite party?
2. Whether opposite party committed deficiency of service?
3. If so, what will be the compensation?
4. Relief and cost if any?
4. Complainant filed proof affidavit Ext.A1 and A2 were marked. The opposite party failed to appear before the Commission even after publish his notice through ‘Malayala Manorama’ daily. Thereafter declared him exparte.
5. Points No. 1 to 3:-
For avoiding repetition of discussion these points are considered together. Ext.A1 is the certified copy of receipt of promise dated 13/11/2018 issued by opposite party in their letter pad ‘ LInKInDIA’ to the complainant. In which it is specifically mentioned that they have received Rs.8,62,368/- (Rupees Eight lakh sixty two thousand three hundred and sixty eight only) towards the issuance of Cochin- Varanasi and return flight ticket charges for 50 passengers. But they failed to issue those tickets for the fixed dates ie, 29/10/2018 and 4/11/2018 respectively. Further promised that they are ready to bear the responsibility of said mistake and acceptance of Rs.8,62,368(Rupees Eight lakh sixty two thousand three hundred and sixty eight only) from the complainant. Further agreed that the said amount will be refunded on 19/11/2018 itself without fail and ready to meet the financial loss faced. But in the complaint stated that “So far he has refunded only 2 lack 30 thousand to me”. It was conspicuously absent in the proof. In view of that the due amount comes at Rs. 6,32,368/-(Rupees six lakh thirty two thousand three hundred and sixty eight only). In Ext.A2, bank statement relating to the complainant’s account which is the evidence of transaction between the complainant and the opposite party. The money transaction reflected in Ext.A2 bank statement altogether is Rs.8,62,368/-(Rupees Eight lakh sixty two thousand three hundred and sixty eight only) the said amounts paid on various dates such as 31/3/2018, 11/5/2018, 19/9/2018, 25/9/2018, 28/9/2018 and 30/10/2018 respectively . The said evidence of the complainant remains unchallenged. The opposite party was given ample opportunity to substantiate their part but reluctant to appear before the Commission. Hence we have no hesitation to hold that opposite party committed deficiency of service due to the act of opposite party, complainant suffered mental agony and financial loss. Under these heads the opposite party has to compensate to the complainant. We fix the compensation as Rs.10,000/-(Rupees Ten Thousand only) Moreover, opposite party is liable to refund the amount they have received from the complainant with interest. The opposite party is also liable to pay litigation cost to the complainant since they push the complaint in to an unnecessary litigation.
6. Point No.4:-
In the result we allow the complaint and direct as follows:-
1. The opposite party is liable to refund Rs.6,32,368/- (Rupees six lakh thirty two thousand three hundred and sixty eight only) with interest at the rate of 8% per annum from the date of complaint till realization.
2. The opposite party is liable to payRs.10,000/-(Rupees Ten thousand only) as compensation and Rs.1000/- (Rupees One thousand only) as cost of the proceedings to the complainant.
The above order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 13h day of September, 2021.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Copy of receipt of promise dtd.13/11/2018
Ext.A2 - Bank Statement
Evidence of the opposite parties:- Nil
True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
