By Sri. Chandran Alachery, Member:-
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the 1st Opposite Party to refund the amount of Rs.42,300/- with 12% interest from 13.10.2016, to direct all Opposite parties to pay Rs.25,000/- as compensation and cost of the proceedings.
2. Complaint in brief:- On 13.10.2016, the Complainant booked three flight tickets for herself, her daughter and uncle at the website of Opposite Party which is conducting the business of arranging flight tickets. The booking was placed through mobile number 8086594099 for the purpose of traveling from Mumbai to Kozhikode on 15.10.2016. Three tickets were available in flight No.9W.421 of Jet Airways for Rs.14,100/-. The payment was made to the Opposite Party through bank account and the amount was debited from the Savings Bank Account of Complainant. After few minutes of transaction the complainant received an e-mail from the 1st Opposite party informing that the booking was unsuccessful requesting to book the tickets again and informing that the refund of Rs.14,100/- received on earlier booking will be initiated with five minutes automatically. Believing it, the Complainant again booked twice but the same thing repeated. The complainant paid altogether Rs.42,300/- to the Opposite Party through debit in Savings Bank Account. The 1st Opposite Party had failed to refund the above sum of Rs.42,300/- in spite of repeated requests and demand. The 1st Opposite Party so far not credited the above amount in the Savings bank account of Complainant by violating their repeated premises. The act of Opposite Parties are clear and gross deficiency of service and negligence. Hence this complaint is filed.
3. On receipt of complaint, notices were issued to the Opposite Parties and the 1st Opposite Party refused to receive the notice. 2nd Opposite party received notice and appeared before the Forum and filed version. 1st Opposite Party is set exparte. In the version of 2nd Opposite Party, the 2nd Opposite Party contended that the complaint is not maintainable since the Complainant got the amount of Rs.42,300/- back by crediting the amount in the savings bank account of Complainant on 07.09.2017. There is suppression of material facts in the Complainant. There is no deficiency of service from the part of 2nd Opposite Party.
4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.
1. Whether there is deficiency of service from the part of Opposite parties?
2. Relief and costs.
5. Point No.1:- The Complainant filed proof affidavit and the Complainant is examined as PW1 and Exts.A1 to A27 are marked. 2nd Opposite Party not adduced any oral evidence. Ext.A1 is the copy of e-mail dated 13.10.2016. Ext.A2 is the copy of e-mail dated 13.10.2016. Ext.A3 is the copy of email dated 13.10.2016, Ext.A4 is the copy of e-mail dated 13.10.2016. Ext.A5 is the copy of e-mail dated 13.10.2016. Ext.A6 is the copy of e-mail dated 13.10.2016, Ext.A7 is the copy of refund ticket dated 13.10.2016. Ext.A8 is the copy of refund ticket dated 13.10.2016, Ext.A9 is the copy of refund ticket dated 13.10.2016. Ext.A10 is the copy of e-mail dated 13.10.2016. Ext.A11 is the copy of e-mail dated 13.10.2016. Ext.A12 is the copy of Account statement dated 18.11.2016. Ext.A13 is the copy of e-mail dated 20.11.2016. Ext.A14 is the copy of e-mail dated 26.11.2016. Ext.A15 is the copy of e-mail dated 29.11.2016. Ext.A16 is the copy of Account statement dated 29.11.2016. Ext.A17 is the copy of e-mail dated 29.11.2016. Ext.A18 is the copy of e-mail dated 05.12.2016. Ext.A19 is the copy of e-mail datd 07.12.2016. Ext.A20 is the copy of e-mail dated 15.12.2016. Ext.A21 is the copy of e-mail dated 15.12.2016. Ext.A22 is the copy of e-mail dated 19.12.2016. Ext.A23 is the copy of e-mail dated 22.12.2016. Ext.A24 is the copy of account statement dated 23.12.2016. Ext.A25 is the copy of e-mail dated 27.12.2016. Ext.A26 is the copy of e-mail dated 27.03.2017. Ext.A27 is the copy of Account statement dated 21.08.2018. The case of Complainant is that the complainant altogether paid Rs.42,300/- to the 1st Opposite Party for flight tickets and neither the 1st Opposite party made the flight tickets ready nor refunded the amount received. In the version of 2nd Opposite Party, 2nd Opposite Party contended that the Complainant got back the amount of Rs.42,300/- in her credit on 07.09.2017 and that matter is suppressed by the Complainant in the Complaint. On perusal of Ext.A27 account statement of complainant, the Forum found that the complainant's savings bank account had got credited Rs.42,300/- on 07.09.2017. At this stage, the 1st prayer in the complainant will not lie. The next issue is regarding cost and compensation only. There is sufficient evidence that the complainant had booked for flight tickets with 1st Opposite Party and had paid the required charges thrice. But he 1st Opposite Party could not arrange the flight tickets and the Complainant could not conduct the journey. So the forum found that it is a gross deficiency of service from the part of 1st Opposite party. In the cross examination of complainant by 2nd Opposite Party, the Complainant had deposed that she had no grievance or prayer against 2nd Opposite party and there is no deficiency of service from the part of 2nd Opposite party. Hence the forum found deficiency of service against 1st Opposite Party only. The mere refund of amount received by 1st Opposite Party to the Complainant will not solve the issue. The 1st of Opposite Party failed to arrange the flight tickets to the Complainant. Hence the 1st Opposite Party failed to do their service properly and sincerely. Point No.1 found accordingly.
6. Point No.2:- Since the Forum found deficiency of service against 1st Opposite Party, 1st Opposite Party is liable to pay compensation and cost to the Complainant.
In the result, the complaint is partly allowed and the 1st Opposite Party is directed to pay Rs.20,000/- (Rupees Twenty thousand only) as compensation to the complainant and Rs.2,000/- (Rupees Two thousand only) as cost of the proceedings. 1st Opposite Party shall comply the order within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of November 2018.
Date of Filing:08.08.2017.
PRESIDENT : Sd/-
MEMBER : Sd/-
/True Copy/ Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witnesses for the Complainant:
Nil. Mini. Complainant.
Witness for the Opposite Party :
Nil.
Exhibits for the complainant:
A1 Copy of e-mail dated 13.10.2016.
A2 Copy of e-mail dated 13.10.2016.
A3 Copy of email dated 13.10.2016.
A4 Copy of e-mail dated 13.10.2016.
A5 Copy of e-mail dated 13.10.2016.
A6 Copy of e-mail dated 13.10.2016.
A7 Copy of refund ticket dated 13.10.2016.
A8 Copy of refund ticket dated 13.10.2016.
A9 Copy of refund ticket dated 13.10.2016.
A10 Copy of e-mail dated 13.10.2016.
A11 Copy of e-mail dated 13.10.2016.
A12 Copy of Account statement dated 18.11.2016.
A13 Copy of e-mail dated 20.11.2016.
A14 Copy of e-mail dated 26.11.2016.
A15 Copy of e-mail dated 29.11.2016.
A16 Copy of Account statement dated 29.11.2016.
A17 Copy of e-mail dated 29.11.2016.
A18 Copy of e-mail dated 05.12.2016.
A19 Copy of e-mail dated 07.12.2016.
A20 Copy of e-mail dated 15.12.2016.
A21 Copy of e-mail dated 15.12.2016.
A22 Copy of e-mail dated 19.12.2016.
A23 Copy of e-mail dated 22.12.2016.
A24 Copy of account statement dated 23.12.2016.
A25 Copy of e-mail dated 27.12.2016.
A26. Copy of e-mail dated 27.03.2017.
A27. Copy of Statement of Account for the period from 15.12.2016 to 30.09.2017.
Exhibits for the Opposite Party:
Nil.
