Tamil Nadu

South Chennai

CC/447/2014

M/s.S.Srinivasan - Complainant(s)

Versus

The Citi Bank, Credit Card Division - Opp.Party(s)

M/s.Samanta and Ston

12 Oct 2022

ORDER

Date of Complaint Filed : 11.11.2014

Date of Reservation      : 17.09.2022

Date of Order               : 12.10.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

CONSUMER COMPLAINT No. 447/2014

WEDNESDAY, THE 12^th DAY OF OCTOBER 2022

Mr.S.Srinivasan,

S/o Subramanian,

No.6B, Regency Park,

Manapakkam,

Chennai 600125.                                                           …  Complainant

-Vs-

1.The Citi bank,

   Rep by its General Manager,

   Citi Centre,

   First International Financial Centre,

   Plot Nos. C-54 and C-55, G-Block,

   Bandra Kurla Complex,

   Bandra East, Mumbai 400 051.

2.The Citi Bank,

   Rep by its General Manager,

   Credit card Division,

   No.163, Anna Salai,

   Chennai 600 002.

3.The Clear Trip Travel Service,

   Rep by its General Manager,

   Unit No.001, Ground Floor, DTC Building,

   Sitaram Mills Compound, N.M Joshi Marg,

   Delisle Road, Lower Parel (E),

   Mumbai 400 011.                                                  ...  Opposite Parties

******

Counsel for the Complainant                     : M/s. Samanta and Ston

Counsel for the 1^st & 2^nd Opposite Parties   : Exparte

Counsel for the 3^rd Opposite Party             : M/s Thriyambak K. Kannan

        On perusal of records and on endorsement made by the Complainant to treat the written arguments as oral arguments, we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to reimburse the sum of Rs.7411/- to the Complainant together with the interest @24% p.a till date of realization to pay a sum of Rs.4,00,000/- as compensation towards the deficiency in service committed and mental agony along with cost.

2.     The averments of Complaint in brief are as follows:-

 The Complainant is working as a Sales Manager in M/s Mahindra and Mahindra. The 2^nd Opposite Party approached and explained him about the features facilities offered them in way of credit card, though he has no interest, denied to accept 2^nd opposite party's offer. Due to repeated approach of the executives of 2^nd Opposite Party, he asked about the credit card with the minimum credit facility available  and he was issued a basic credit card with minimum credit facility of Rs.18,000/-. He being prominent customer of the 1^st Opposite Bank without any default. Being a regular and genuine customer, after 6 years he was given a platinum credit card by enhancing his credit limit vide No.4386 2800 0613 5655 from Rs.18,000/- to Rs.1,00,000/-. He has been in continuous use of 2^nd Opposite Party credit card for six years without any default and without opting any other credit cards of other Banks. He had booked an Air ticket from Chennai to Pune on 12.01.2014 in 3^rd Opposite Party web site, through his credit card issued by 2^nd Opposite Party. On booking a sum of Rs.7411/-was deducted from complainant credit card by the 2^nd Opposite Party and no confirmation message through text message or email received from the 3^rd Opposite Party with regard to the Air ticket. Though the 2^nd Opposite Party had confirmed the transaction was successful and even on reconfirmation, the ticket was not found to be booked by the 3^rd Opposite Party and when enquired the 3^rd Opposite Party informed him that once money has been credited in their account means the ticket would be booked and the confirmation of booking of ticket will be sent through SMS and as well E-mail and had over confidently informed him that ticket has not been booked. As there was no way for him to postpone his travel schedule, on the very same day i.e. on 12.01.2014 for the 2^nd time booked the Air ticket from Chennai to Pune same has been confirmed by the 3^rd Opposite Party and the cost of the ticket was Rs.7411/- was credited in 3^rd Opposite Party's account through his credit card provided by the 2^nd Opposite Party. To travel once he booked the very same ticket by booking twice and paid double amount. Time to time the Complainant called the customer care of the 2^nd Opposite Party to solve his problem regarding the deduction of money twice for one ticket. On 23.01.2014 the 2^nd Opposite Party had reverted Rs.7411/- in his account and obtained a declaration form from him declaring that the incorrect transaction of Rs.7411/- has been reimbursed to the Complainant and the Bank has right to reject the dispute. In spite of the same, the 2^nd Opposite Party in the month of April, 2014 had asked him to pay the disputed amount of Rs.7411/-, of which he was put to serious mental pressure on confusion how the settled amount could be asked to repay by the 2^nd Opposite Party and while responding to the call made by the 2^nd Opposite Party he met with an accident and had spent a sum of Rs.15,000/- for the injury sustained in his right ankle and admitted in MIOT Hospital and a surgery has done on 10.04.2014 and a steel plate has been placed and discharged from hospital on 16.04.2014 in result the complainant unable to walk like a normal human. As there was no response to his repeated E-mails and Phone to solve the new dispute, he sent a letter with Acknowledgement card on 18.06.2014 which was received by the 2^nd Opposite Party on 20.06.2014. On 25.06.2014 the 2^nd Opposite Party sent a reply letter to him, wherein it was mentioned that "the of investigation your query and require some more time for resolution". But no positive steps taken by 2^nd Opposite Party to resolve the disputed amount of Rs.7411.00. Hence, out of apprehension of exorbitant charges of interest levied on nonpayment of dues of the said disputed amount of Rs.7411/-, he paid the same on EMI basis to the 2^nd Opposite Party. Only due to the negligence of the 2^nd Opposite Party he was made book the said Air Ticket twice and the said issue of double payment was given a quietus by the 2^nd opposite party by reverting the amount of Rs.7,411/- on 23.01.2014. Therefore, the act of reclaiming the settled issue once again by the 2^nd Opposite Party amounts to unfair trade practice and the improper method of deducting the amount twice for the same transaction amounts to deficiency in service. The act of the Opposite Parties has disappointed him a lot. He never expected this much carelessness in service which the Opposite Parties promised to provide their valuable customers. Due to negligence and deficiency in service in the part of the Opposite Parties, the Complainant issued a legal notice through his Lawyer on 07.08.2014 to all the Opposite Parties which were received and acknowledge by them. The 3^rd Opposite party sent a reply dated 26.08.2014 and the 2^nd Opposite party sent its reply dated 02.09.2014 as if they are very truthful and no more related with the incorrect transaction and moreover they were not liable to remit the disputed amount of Rs. 7,411/-. Hence the complaint.

3.  Written Version filed by the 3^rd Opposite Party in brief are as follows:-

         The Complainant had booked an Air ticket on 12.01.2014 at about 6.00pm for travel from Chennai to Pune with an email address st and 2^nd Opposite Parties. There was no deficiency in service on their part. They are only an intermediary and has no authority to refund the booking amount, it is the sole prerogative of the Airline. They cannot be held liable. Further the entire case is for repayment of the closed dispute amount by the 1^st and 2^nd Opposite Party and they do not have any control and they have been dragged in this grievance by the Complainant. They had not committed any negligence or deficiency of service and caused mental agony to the Complainant and they had sent a reply notice dated 26.08.2014 to the legal notice sent by the Complainant, explaining the details of air ticket been sent by automated system to the mail address given by the Complainant. Hence the complaint is not maintainable against them and there were not liable to pay compensation and costs to the Complainant. Hence prayed to dismiss the complaint. 

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-13  were marked. The 3^rd Opposite Party submitted his Proof Affidavit and Written Arguments. On the side of the 3^rd Opposite Party, documents Ex.B-1 to Ex.B-2, were marked.

5.     The 1^st and 2^nd Opposite Parties did not appear before this Commission even sufficient notice served on them and remained absent and set exparte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:-

The contentions of the Complainant are that he had booked an Air ticket from Chennai to Pune on 12.01.2014 in 3^rd Opposite Party web site, through his credit card issued by 2^nd Opposite Party. On booking a sum of Rs.7411/-was deducted from complainant credit card by the 2^ndOpposite Party and no confirmation message through text message or email received from the 3^rd Opposite Party with regard to the Air ticket. Though the 2^nd Opposite Party had confirmed the transaction was successful and even on reconfirmation, the ticket was not found to be booked by the 3^rd Opposite Party and when enquired, the 3^rd Opposite Party informed him that once money has been credited in their account means the ticket would be booked and the confirmation of booking of ticket will be sent through SMS as well E-mail and had over confidently informed him that ticket has not been booked. As there was no way for him to postpone his travel schedule, hence on the same day for the 2^nd time booked the Air ticket from Chennai to Pune and the same has been confirmed by the 3^rdOpposite Party and the cost of the ticket was Rs.7411/- was credited in 3^rd Opposite Party's account through his credit card provided by the 2^nd Opposite Party. He was to book twice and paid double amount. He called the 2^nd Opposite Party to solve his problem regarding the deduction of money twice for one ticket. On 23.01.2014 the 2^nd Opposite Party had reverted Rs.7411/- in his account and obtained a declaration form from him declaring that the incorrect transaction of Rs.7411/- has been reimbursed to him Complainant and the Bank has right to reject the dispute. In spite of the same, the 2^nd Opposite Party in the month of April, 2014 had asked him to pay the disputed amount of Rs.7411/-, of which he was put to serious mental pressure on confusion that how the settled amount could be asked to repay by the 2^nd Opposite Party and while responding to the call made by the 2^nd Opposite Party he met with an accident and had spent a sum of Rs.15,000/- for the injury sustained in his right ankle. As there was no response to his repeated E-mails and Phone to solve the new dispute, he sent a letter on 18.06.2014 which was received by the 2nd Opposite Party on 20.06.2014. On 25.06.2014 the 2^nd Opposite Party sent a reply letter to him, wherein it was mentioned that "the process  of investigation your query and require some more time for resolution". But no positive steps taken by 2^nd Opposite Party to resolve the disputed amount of Rs.7411.00. Hence, out of apprehension of exorbitant charges of interest levied on nonpayment of dues of the said disputed amount of Rs.7411/-, he paid the same on EMI basis to the 2^nd Opposite Party.Only due to the negligence of the 2^nd Opposite Party he was made book the said Air Ticket twice and the said issue of double payment was given a quietus by the 2^nd opposite party by reverting the amount of Rs.7,411/- on 23.01.2014. Therefore, the act of reclaiming the settled issue once again by the 2^nd Opposite Party amounts to unfair trade practice and the improper method of deducting the amount twice for the same transaction amounts to deficiency in service. He issued a legal notice through his Lawyer on 07.08.2014 to all the Opposite Parties and the same was received and replied by 3^rd Opposite party on 26.08.2014 and by the 2^nd Opposite party on 02.09.2014, but refunded the disputed amount of Rs. 7,411/-.

The Contentions of the 3^rd Opposite party are that the Complainant had booked an Air ticket on 12.01.2014 at about 6.00pm for travel from Chennai to Pune with an email address st and 2^nd Opposite Parties. There was no deficiency in service on their part. They are only an intermediary and has no authority to refund the booking amount. They cannot be held liable. Further the entire case is for repayment of the closed dispute amount by the 1^st and 2^nd Opposite Party and they do not have any control and they have been dragged in this grievance by the Complainant.

On careful reading of the Complaint and Written Version filed by the 3^rd Opposite Party as well as Exhibits marked on both sides, it is clear that Air ticket was booked for travel from Chennai to Pune twice in 3^rd opposite Party’s website, through 2^nd Opposite Party’s Credit Card by the Complainant. It is evident from Ex.B-1 that the first ticket requested for travel from Chennai to Pune was booked in the name of the Complainant by the 3^rd Opposite Party with Trip Invoice No.1401124468 and the email address mentioned in the said ticket was nd Opposite Party which was also confirmed by the 2^nd Opposite Party. It is clear that the air ticket of the Complainant which was booked initially was not received by him from the 3^rd Opposite Party, is because of the wrong email address given by the Complainant and when it was taken to the knowledge of the 3^rd Opposite Party on check with email address provided as rd Opposite Party would have informed as not booked. Therefore the debit of Rs.7411/- made for the first ticket, by the 2^nd Opposite Party is found to be valid. Though the 2^nd Opposite Party had reverted the said payment of Rs.7411/- on obtaining a declaration form with a condition that the Bank has right to reject the dispute, having come to know that the air ticket was booked for the said amount, had claimed from the Complainant, which the Complainant is entitled to pay legally and the claim so made by the Opposite Parties 1 and 2 does not amounts to unfair trade practice or deficiency in service on their part as they had clearly mentioned in Ex.A-8 Reply dated 25.06.2014 sent by the 2^nd Opposite Party, that they were in process of investigating the query of the Complainant and requires some more time for resolution, to Ex.A-7 the Letter dated 18.06.2014 seeking credit of Rs.7411/- and also in their reply notice dated 02.09.2014 ExA-13, sent to the Complainant, with clear details it was mentioned that they were not able to refund the disputed transaction along with interest and the compensation and to contact the merchant. Further the 3^rd Opposite Party had acted diligently in sending the e-ticket to the email addresses provided at the time of bookings made by the Complainant. Hence, we hold that the Complainant had not acted diligently while booking his air ticket at the first instance and had given a wrong email address, which resulted in booking another air ticket for his travel from Chennai to Pune, as the Complainant had received the e-ticket at the email address correctly given as

Point Nos.2 and 3:-

As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint. And hence the Complainant is not entitled for any other relief/s.

In the result the Complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 12^th of October 2022. 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

List of documents filed on the side of the Complainant:-

List of documents filed on the side of the Opposite Party:-

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT