This is a complaint fled under section 12 of consumer protection act for an order directing the opposite parties to pay an amount of `31,000 with interest, cost and `50,000 as compensation.

          The case of the complainant in brief is that during his holidays, July 2010 he and his family consisting of 6 members visited Delhi and for his return journey to Thalassery via Chennai he sent an internet requisition to reserve 6 Air tickets from Delhi to Chennai through opposite party by providing his credit card Number for debiting the air ticket fare from his accounts along with his e-mail address and phone number. But the complainant has not received any information from opposite party except a welcome message and hence he had contacted opposite party through telephone to enquire about the air ticket, it was told by one Raji Divakar the regional Manager that the availability of the ticket was not yet confirmed and also informed that the complainant will get e-mail message of opposite party if tickets are confirmed subsequently. Complainant came to know that an amount of `31000 has been debited from his credit card account and accounted to opposite party’s account. So the complainant is under the impression that he will certainly get air ticket for his return journey from Delhi to Chennai. Later the complainant contacted the opposite party for confirmation of Air-ticket the opposite arty assured that, if no ticket were made available the amount of `31,000 will be reversed to the account of the complainant. The complainant made alternative arrangement to travel by train from Delhi to his native place by spending `16000. After reaching the native place the complaint contacted the opposite party, through telephone he was informed that the 6 Air-tickets were issued for the complainant and his family for travel from Delhi to Chennai on 29.7.10 and on that date the complainant and his family were not shown for the flight. So the Air tickets were lapsed and further informed that they are unable to refund the full amount of tickets to the complainant. The complainant opted for train travel since he has not received any information about the air ticket either through e-mail or through sms message. The complainant issued a detailed e-mail message to opposite arty to refund `31,000but opposite party has not responded for the same. Even though the complaint contacted 2^nd opposite party several times but all are in vain. Because of the complainant issued a lawyer notice but it was returned as unclaimed. The 1^st opposite party is not ready to refund without the intervention of the Forum. The service of opposite party is deficit and because of that the complainant had suffered both mentally, financially and physically which cannot be compensated in terms of money. So the opposite party is liable to refund the said `31,000 along with compensation. Hence this complaint.

In pursuance to the notice issued by the Forum1st opposite party appeared and filed their verision.2^nd opposite party was absent and hence called absent and set exparte.

          The 1^st opposite party filed version contending that the Forum has no jurisdiction to try the complaint since no cause of action for the complaint happened anywhere within the jurisdiction of the Forum and no branch office of opposite party is functioning within the territorial limits of the Forum. The second opposite party is not a branch of opposite party Akbar travels online booking company (P) Ltd The opposite party further admits that on 17.7.10, the complainant sent a requisition to reserve six tickets to opposite party form Delhi to Chennai and issued tickets on the same day as requested and the PNR No. of the tickets were 51QMOT with reference number was AO1117765. It is also admits that the welcome message was sent and the opposite arty also given a login ID and password at the portal of Akbar Travels online.com for further enquiries. When a party registered as a customer he will be given a Login ID and password at the choice of customers. All future entry regarding the transaction done by the customer in the portal can be done only with unique login ID and password. When a customer give an intent for booking a ticket and if the tickets are available to the requisite sector on the requisite date the portal will ask for the payment and only if the customer satisfies that the tickets are available to his choice he will make payment for the tickets by sing his credit or debit card as the case may be. In this case the complainant paid the amount on confirming that the tickets are available, through his credit card. It is incorrect to say that the complainant had telephoned the Regional Manager is not true since no such procedure is there as well for airline booking. Nobody else other than the complainant himself can open his account for further information regarding the tickets and the complainant without making any enquiry using his ID and password is blaming the opposite party for his own default.

After enquiry and booking E –Tickets will be mailed to opposite party’s account at the portal of Akbar Travels online.com. Then the e ticket was available on that portal on his account. The purpose of issuing Login ID and password to customer is for downloading the ticket from online portal from any where they may be and a call center number was given to him to inquire any details. Since payments were credited through international credit card he should have immediately received an SMS for the debit from his account. As per the airline policy if passenger does not travel those tickets are called. No show and no refund are normally given by the airlines. Since `31,000 was debited from the credit card the complainant can very well assume that he would get his travel tickets in Opposite party’s portal through his account. The 1^st opposite party is only an agent of the   Airline and had already debited the amount to the airline company for the tickets purchased in the name of the complainant and others and not keeping the amount with 1^st opposite party. There is no negligence on the part of 1^st opposite party and if any loss was happened to the complainant he has solely responsible for the same and opposite party is not liable to compensate the complainant and hence the complaint is liable to be dismissed.

          Upon the above contentions the following issues have been raised for consideration.

1. Whether the Forum has jurisdiction to try the case?

 2.  Whether there is any deficiency of service on the side of

    opposite party?

3.  Whether the complainant is entitled to get any relief as

     prayed in  the complaint?

          4.  Relief and cost.

                    The evidence consists of the oral testimony of PW1 andExt.A1 to A5.

Issue No.1

          The 1^st opposite party contended that 1^st opposite party has no branch office within the jurisdiction of the Forum and hence there is no cause of action aroused within the jurisdiction and hence Forum lacks jurisdiction. The 1^st opposite party contented that 2^nd opposite party is not the part and parcel or branch of their business concern and the complainant had booked tickets through e-mail from Delhi to Chennai. According to the complainant it is a sister concern of 1^st opposite party. But it is seen that in all advertisement given by 1^st opposite party through internet and other Medias they are quoting the sentenced “Akbar Travels online booking Co (Pvt) Ltd. Is a part of No.1 Travel Company in India, Akbar travel”. So we are of the firm opinion that 2^nd opposite party is the part of 1^st opposite party and as per consumer protection Act, the Forum can exercise its jurisdiction if any of the branch office is working within the jurisdiction. So we are of the opinion that 2^nd opposite party is the branch of 1^st opposite party and hence Forum has ample power to try the case and hence issue No.1 is found in favour of the complainant.

Issue Nos. 2 to 4

          The further case of the complainant is that even though he booked for  6 air ticket from Delhi to Chennai through e-mail and the opposite party had debited `31000 from  his credit card account and credited to the account, he had not received e-ticket and he had spent another amount of `16000 for his journey and suffered so much of mental, physical and financial difficulties. In order to prove his case he was examined as PW1 and produced documents such as e-mail welcome message, copy of complainant’s e-mail box, copy of lawyer notice, copy of email letter issued to opposite party. As contended by the complainant Ext.A1 shows that the 1^st opposite party has issued a welcome message on 17.7.2010. Ext.A2 is the e-mail inbox of complainant. There is n other messages wee issued by 1at opposite party till 28.7.2010 except the above one on 17.7.2010. But the opposite arty contended that they have issued a welcome message with I.D and password. But the complainant deposed before the Forum that “welcome message passwordDT user IDbpT X¶n-cp-¶p. {]kvXpX  password ticket issue sN¿p-¶-Xn-\p-ff Imc-y-am-sW¶p F\n-¡-dn-bn-Ãm-bn-cp-¶p.”. But the opposite party has no case that they have issued e-mail explaining the procedure of getting e-ticket. Complainant also contended that 1^st opposite party has not issued any e-mail informing the complainant that he will get e-ticket by using password and I.D. It is the duty of the opposite party to alert the complainant about the mode of getting e-ticket by using the above said password and I.D. So we are of the opinion that there is deficiency of service on the part of 1^st opposite party, for which they are liable to compensate the complainant by refunding `31,000 along with `2,000 as compensation and `1000 as cost of this proceedings to the complainant and the complainant is entitled to receive the same and passed orders accordingly. 2^nd opposite party is exonerated from the liability.

                    In the result, the complaint is allowed directing the 1^st opposite party to refund `31,000 (Rupees Thirty One thousand only) along with `2,000 (Rupees Two thousand only) as compensation and   `1,000 (Rupees One thousand only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant can execute the order as per the provisions of consumer protection act.

                             Sd/-                     Sd/-                

                     President                Member 

  APPENDIX

Exhibits for the complainant

A1. Copy of the message sent by OP

A2. Print out of the E.mail box of the complainant from the period

       from 3.7.10 to 28.7.10

A3.  Copy of lawyer notice sent to OP

A4. Returned lawyer notice

A5. Copy of the mail sends by the complainant to OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.Complainant

 Witness examined for the opposite parties: Nil

                                                            /forwarded by order/

                                                            Senior Superintendent

Consumer disputes Redressal Forum, Kannur.