Orissa

Rayagada

CC/15/36

Smt. Sujata Kondagori, - Complainant(s)

Versus

The Branch Manager, Reliance Life Insurance Ltd., - Opp.Party(s)

Self

25 May 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

AT:  KASTURI  NAGAR, Ist.  LANE,   L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,

                                                                 STATE:ODISHA,  PIN  NO.765001,  PHONE/FAX                   

 NO.06856-223025.

                                     ....                                  

                                              C.C. Case  No.25/ 2015.

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                              President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                     Member.

Dr.G.Krishna Prasad, S/o late G.Jgagan Mohan Rao, presently working as Government Doctor, District Head Quarter Hospital, Rayagada, Po/Ps/Dist. Rayagada, Odisha,765001.                                                                                                                                                                                                                                                                                                                                              …….Complainant

                                                                   Versus

1. Mr.Satender Chauhan, Yatraonline Pvt. Ltd., Ground Floor, Tower A Unit, ECH(Cyber Park),Sector 39,Gurgaon 122002.
2. Manager, Operation & Marketing, Spice Jet Ltd., 319, Udyog  Vihar, Phase IV,Gurgaon,122016,Haryana,India.
3. The Manager, Ginger Hotel,Goa-8 PDF,P.O. Goa, Plot No.37, 38,SGO Complex, EDC ,Pato , Near Pass Port Office,Panjim,403001.                                                                                                                                                     …….…..Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.Ps:   Set exparte

                                                            JUDGMENT

               The facts of the complaint  in brief is that   the complainant   has given a proposal  of holiday tour to Goa along with  his family members to the O.p 1   through e-mail to which the O.p 1 has accepted  and reply advising the complainant to pay the flight charges and the complainant immediately remitted a sum of Rs.66,918/-  to the account of the O.p 1 to be paid to the O.p 2 which includes his commission.  On getting confirmation of flight tickets  the complainant contacted O.p 3 for arranging his stay at Goa for the days  of tour i.e 21.12.2014 to 26.12.2014 and the O.p 3 accepted the said proposal and advised the complainant  to  deposit a sum of Rs.49,972/-  to his account     and the complainant deposited the amount on 31.10.2014 in advance.  The O.p No.3  confirmed the booking of the rooms in their hotel at Goa.  The complainant has  paid   the amount as demanded by the O.ps but he has not availed any such services due to  cancellation  of the flight abruptly  by O.p 2 and the O.p 1 & 2  have not made any alternative  flight for the said journey. When the complainant has not availed any such service due to the reasons stated above, he is entitled to get  refund of the entire amount  from the O.ps. Being contacted all the O.ps are not  giving any reply and postponing the matter  thus causing financial hardship to  the complainant. Due to such cancellation the entire family members suffered mental agony  and in order to rectify them the complainant has  to make a small tour to Pune by local arrangements and for the said tour he has spent near about one lakh. Hence prayed to direct the O.p 1 & 2  to refund Rs.66,918/-  towards flight charges and   direct the O.p 3 to refund Rs.49,972/-  towards room charges at Goa and award interest on the said amount from the respective dates and award compensation of Rs.1,00,000/-  for the mental agony and financial loss and cost of litigation and such other relief as the forum deem fit and proper. Hence, this complaint.

 

             Being noticed, the Opp.Parties failed to  appear and have not  filed any written version  as such the Opp.Parties were set exparte and  in absence of any written version from the opposite party we proceeded  the matter exparte and  believed  the contentions as alleged  against the O.Ps. During the period of  argument it is submitted  by the complainant that the O.p 2 has refunded the flight charges of Rs.66,918/-.  The complainant has planned for a tour to Goa and booked air ticket and after its confirmation he contacted O.p 3 and   booked room at Goa. When the flight was cancelled the entire tour programme was cancelled  and obviously the hotel room  which was book earlier  has to be cancelled  and as the tour programme was cancelled at the last moment the complainant could not cancelled the hotel room.   As  the O.p 2  cancelled  the flight without assigning any reason  to the complainant the O.p 2 returned the charges of  air ticket  but the O.P 3 has not returned the amount of Rs.49,972/-.  The complainant vehemently argued that at the tour programme was cancelled by the O.p 2 at the last moment and  returned the ticket amount to the complainant,  as such  the cost of  hotel  is also to be returned by the O.p 2 because it is the O.p 2 for whom the tour  programme  was cancelled  and the complainant had no opportunity  cancel  the hotel room at the last moment. After  hearing the complainant  and going through the record, we also agreed with the submission of the complainant. Since, the O.ps were set exparte we have to believe the contentions and submission of the complainant. Hence, we allow the complaint petition and disposed of the matter with the following directions.

 

                                                                     ORDER

 

                        The  Opposite Party  No. 2 – Manager, Operation & Marketing, Spice Jet Ltd.,  319,Udyog Vihar , Phase IV Gurgaon, Haryana is    directed to  pay the  cost of hotel room charges i.e. Rs.49,972/-  along with  compensation of  Rs.20,000/-  and the other O.ps also jointly and severally responsible  for the harassment and mental agony faced by the complainant for which they are also liable to pay compensation  of Rs.5,000/- each  and  cost of  litigation of Rs.500/- each  to the complainant within one month from the date of receipt of this order, failing which the O.Ps are liable to pay  penal  interest  @  12%  p.a. on the above awarded amount till  the date of payment.

                        Pronounced in open forum today on this 26^th day of  September,2015 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

Member                                                                                               President

Documents relied upon:

By the complainant:

 

1. Statement of account
2. Confirmation of the tour, reservation of  flight tickets, booking of the rooms etc.
3. Flight tickets issued by the O.p 2
4. Conformation of booking in the hotel
5. Copy of the air tickets
6.  

By the Opp.Party: Nil

 

                                                                                                 President