FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member

The case of the complainant in short is that the complainant possesses a Credit Card of the OP1 and purchased airline Tickets from the OP2 on 05.03.2018 by using the said card. The value of the such tickets were Rs.7156/- and the same was deducted from the account of the complainant. But unfortunately. The said transaction was failed . The complainant was informed by the OP2 about the aforesaid failed transaction and intimated the same to the Customer Care Services of the OP1 asking them to return the said amount of Rs.7156/- to the

complainant’saccount as the transaction had failed. Customer Care services of the OP1 assured the complainant to do needful and later asked him to file a Transaction Dispute Form to the Charge Back Team of OP1. The complainant duly filed the Transaction dispute form on 17.04.2018 and was informed by the Op1 that maximum time for closure of such dispute is 120 days from the date of receipt of the same. Thereafter several communications were made by the complainant to the respective OPs in regard to his claim. On 24.07.2018 the OP1 informed the complainant vide email that merchant Bank is unable to process the Credit Card as the time frame for such refund is 70 days and subsequently the complainant was informed vide email dated 18.08.2018 that due to aforesaid reason Merchant bank is unable to refund the said amount .  After that the complainant sent several emails praying for refund of the said amount but till date he had been denied his legitimate claim.

            OP1 has contested the case in filing written version contending, inter alia, that the present case is not maintainable in law and in fact and is liable to be dismissed. It is submitted by the OP1 that the said card account was debited with Rs.7156/- at

Notice was duly served the OP2. But none appears on behalf of OP2 and No WV is filed on behalf of them. Thus, the case runs ex parte hearing against OP2.

We have travelled over the complaint petition as well as the documents filed by the complainant in support of his contention together with the written version along with annexures submitted by the OP1 in their support.

Upon taking into account of the entire fact of the complaint petition including the written version of the OP1 and also considering the argument as advanced by the Ld. Advocates of both sides and further on overall assessment and evaluation of the evidence as well as Annexures furnished by the complainant it is found that  a transaction Of Rs.7156/- was made for the complainant on 04.03.2018 to WWW SPICEJET COM.Photocopies of email exchange between the parties are showing that on 12.07.2018 the complainant requested the OP2 to issue CONFIRMATION OF FAILUREOF TRANSACTION and on 18.07.2018 OP2 intimated the complainant via email that :

“Please note that as checked with the given transaction details in trail email we are unable to find any successful transaction at our end.”

Photocopy of an email dated 19.12.2018  sent by the OP1 to the complainant stating that:

“We had sent you a communication in this of interaction ID=1000003206742 on 12/3/2018 07:01:23 PM requesting you to send the below mentioned documents within 05 days and confirm validity of the transaction enabling us to take forward our investigation.

Dispute form (signed with nature of dispute from the ones listed on the dispute form) and Supporting documents if any as per the nature of dispute selected by you on the dispute form

Missing document:

Merchant Contract Proof (any email communication that you have sent to the merchant to get the status for the payment as it was declined or any email communication received from the merchant stating that they have not received the amount along with date and amount of transaction)

As we have not received the required documents by the stipulated date which was 17.3.2018 , we are unable to take up the matter further and are constrained to close the disputes as your liability . We , therefore request you to make payment for the outstanding balance on your card statement to avoid levy of any charges on your card account.”

In reply, the complainant informed the concerned authorities via email dated 20.12.2018 that ‘all the related document and letters has been sent in time’ to the respective section of OP1. Sr. Manager-Customer Service of the OP1 replied the abovementioned email stating that ‘the maximum time for closure of such disputes is 120days from the date of receipt of dispute form’.

In view of the above circumstances, it is observed by us that it is true that the complainant did not adduce any document of the said failed transaction. But the photocopy of the Doctor Card Monthly Statement goes to show that transaction of Rs.7156/- was made in favour of WWW SPICEJET COM by the complainant. There is also no dispute that OP2 confirmed the complainant via email dated 18.03.2018 that no successful transaction was found at their end. Therefore, it is clear that the said transaction wasmade by the complainant but it was failed. To resolve the grievance of the complainant OP1 needed either any email communication that the complainant has sent to the merchant to get the status for the payment as it was declined or any email communication received from the merchant stating that they have not received the amount along with date and amount of transaction. In this context we are of the opinion that the email dated 18.07.2018 sent by the OP2 to the complainant is fulfilling the abovementioned criteria of the OP1. It is also true that unless and until getting confirmation from the OP2 regarding the failure of the said transaction the complainant could not approach to OP1 with valid reason. Therefore it could not be possible for complainant to submit the said Merchant Proof within 17.03.2018 to the OP1. It is also observed by us that the Sr. Manager-Customer Service informed the complainant that the maximum time for closure of such dispute is 120days from the receipt of dispute form. But the fact is that the Merchant Bank’s policy of refund is within 70 days. It is nothing but a sheer negligence on the part of the OP1. We also opined that the valid claim of the complainant cannot be rejected in the name of mere technicalities. Moreover OP1 also did not furnished any document which proof that the transaction was not failed. The claim of the complainant is rejected by the OP1 only for miscounting of days for which the OP1 is responsible. Therefore, the complainant is eligible for getting relief/reliefs as prayed for.

Based on the discussion above, we disposed of the consumer case in the following terms :-

1. OP1 is directed to refund the price of the tickets paid by the complainant of Rs.7156/-.

2. OP1 is further directed to make payment of Rs.10,000/- to the complainant for deficiency of service .

3. OP1 is also directed to pay Rs.10,000/- as litigation cost to the complainant.
4. Above payments shall be made within 06 weeks from the date of this order failing which the amount shall carry interest @8% per annum from the date of the order till its realization.

Consumer case is thus allowed on contest against the OP1 and dismissed ex parte against the OP2 and disposed of asper above observation.

Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.