Haryana

Karnal

CC/577/2021

Sahil Kumar Goyal - Complainant(s)

Versus

The Manager, STIC Travel Private Limited Building - Opp.Party(s)

Neeraj Kumar Sharma

10 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 577 of 2021

                                                        Date of instt.18.10.2021

                                                        Date of Decision:10.11.2022

 

Sahil Kumar Goyal, proprietor of Edu Udaan, SCO no.333, Mugal Canal, Karnal.

                                               …….Complainant.

                                              Versus

 

1.     The Manager, STIC Travel Pvt. Ltd. Building no.9B, Ground floor Cyber City, DLF Phase-III Gurgram, 122001.

 

2.     The Manager, STIC Travel Pvt. Ltd. G-55, Ground floor Cannaught Circus opposite, exit Gate, Palika Parking New Delhi 110001.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Neeraj Kumar, counsel for the complainant.

            Sh. Mahesh Yadav authorized person on behalf of

    opposite parties.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant has paid Rs.75000/- through bank transfer on 12.11.2020 for purchase of Air Ticket for 20.11.2020 from Delhi to Ukrain in the name of Hawa Singh son of Virbhan and Sandeep son of Tejpal, both resident of village Uncha Samana, District Karnal from account no.501002400362979 HDFC Bank Karnal (bank of complainant) to account no.50200022974733 HDFC Bank Gurugram (bank of OPs). OPs assured that they will book the ticket within stipulated period and same has been handedover to complainant. Complainant requested the OPs many times to handover the Air Ticket but OPs always postponed the matter on one pretext or the other and OPs failed to book the ticket within stipulated period. Thereafter, complainant requested the OPs many times to refund the said amount but OPs failed to refund the same. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version stating therein that on 12.11.2020, one Mr. Jatinder Singh alias Jatin M/s Acme Education Services, who was in Kiev, Ukrain at that time, contacted Mr. Amit Sharma, Manager Sales at the Jalandhar office of the aforementioned company and directed Mr. Amit to purchase two flight tickets in the name of Mr. Hawa Singh and Mr. Sandeep from New Delhi to Kiev, Ukraine for 27.11.2020. The passport of both were shared by Mr. Jatinder over WhatsApp to Mr. Amit. The company had quoted to Mr. Jatinder the total amount of the two tickets as INR 72000/-. Thereafter, Mr. Jatinder gave the company a go-ahead to proceed by booking the two tickets and stated that by the next day he will get the payment transferred to the company’s account. On 12.11.2020, the company received an amount of INR 75000/- from one Mr. Sahil Kumar Goyal, when confirming the receipt of payment received from the company, Mr. Amit informed Mr. Jatinder that he had transferred INR 75000/- whereas the amount required to be transferred was only INR 72000/-. In response, Mr. Jatinder informed to Mr. Amit that the extra amount INR 3000/- transferred can be treated as an advance and can be adjusted later in future booking. Thereafter, on 13.11.2020, Mr. Jatinder again contacted Mr. Amit and changed his instructions and directed Mr. Amit to not booking the tickets in the name of Mr. Hawa Singh and Mr. Sandeep. Instead, he directed that the tickets be now booked in the name of one Mr. Lakhvir Singh and one Mr. Salinder Singh for 27.11.2020 from New Delhi to Kiev, Ukrain and shared their details with Mr. Amit over Whats App. Accordingly, Mr. Amit booked the tickets of abovesaid both persons for 27.11.2020 and shared the tickets with Mr. Jatinder on 25.11.2020. It is further pleaded that once the tickets were issued, the transaction was completed from the company’s end as it had completed its obligation owed to Mr. Jatinder. However, on 02.12.2020 the company received an email from one Mr. Sahil Kumar Goyal, proprietor of Edu Udaan stating that the amount of INR 75000/- was transferred by him on 12.11.2020 from booking tickets for Mr. Hawa Singh and Mr. Sandeep  and stated that no tickets were issued by the company for Mr. Hawa Singh and Sandeep, the company was liable to refund the said mount of Rs.75000/-. Since the company was acting under the instructions of its customer Mr.Jatinder, Mr. Amit got on a call with Mr. Sahil Kumar Goyal and explained him that though initially Mr. Jatinder had directed the company to book tickets for Mr. Hawa Singh and Sandeep, however later he had changed his instructions and directed the company to book tickets for one Mr. Lakhvir Singh and one Mr. Salinder Singh instead with respect to the amount of Rs.75000/- transferred and thereby told Mr. Sahil Kumar Goyal that refund if any was to be given to him by Mr. Jatinder and not the company. However, out of courtesy, the company agreed to initially coordinate and convey this to Mr. Jatinder to help Mr. Sahil to resolve this issue and enable him to get the refund. Thereafter, on 05.12.2020 Mr. Amit confirmed it on email as well that he has spoken to Mr. Jatinder and that Mr. Jatinder has confirmed that he will refund the said amount of Rs.75000/-to Mr. Sahil Kumar Goyal. Mr. Sahil Kumar even admitted in the mail he was directed to transfer the amount on the instruction of Mr. Jatinder. Despite clearing it out with Mr. Sahil Kumar Goyal and with Mr. Jatinder, the complainant kept on pressuring the company to refund the money when infact no liability arose on the company to do so. Despite having no liability to refund the money to Mr. Sahil Kumar, the company again coordinated with Mr. Jatinder to request him to refund the amount to the complainant via email dated 14.12.2020 to which Mr. Jatinder responded on the same day that he tried to contact the complainant but he did not reply properly. It is further pleaded that on getting multiple emails from Mr. Sahil Kumar Goyal and in each email the OPs clarified that Mr. Jatinder Singh has taken the responsibility of returning the money and the OPs requested Mr. Sahil to get in touch with Mr. Jatinder in order to settle the dispute between themselves while keeping the company out of it since no liability arises upon the OPs to refund the money. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copies of emails Ex.CW1 to Ex.CW10, copy of legal notice Ex.C11 and closed the evidence on 11.02.2022 by suffering separate statement.

5.             On the other hand, OPs have tendered into evidence affidavit of Mahesh Yadav Ex.OP1/A, authority letter Ex.OP1, copy of email dated 14.12.2020, copy of email dated 17.01.2021 and closed the evidence on 04.08.2022 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that that complainant has paid Rs.75000/- for purchase of Air Ticket for 20.11.2020 from Delhi to Ukrain in the name of Hawa Singh and Sandeep. OPs assured that they will book the ticket within stipulated period and same has been handedover to complainant. Complainant requested the OPs many times to handover the Air Ticket but OPs always postpone the matter on one pretext or the other and OPs failed to booked the ticket within stipulated period. Complainant requested the OPs many times to refund the said amount but OPs failed to refund the same and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for OPs, while reiterating the contents of written version, has vehemently argued that on 12.11.2020, one Mr. Jatinder Singh directed Mr. Amit to purchase two flight tickets in the name of Mr. Hawa Singh and Mr. Sandeep from New Delhi to Kiev, Ukrain for 27.11.2020. On 13.11.2020, Mr. Jatinder again contacted Mr. Amit and changed his instructions and directed Mr. Amit for not booking the tickets in the name of Mr. Hawa Singh and Mr. Sandeep. Instead, he directed that the tickets be now booked in the name of one Mr. Lakhvir Singh and one Mr. Salinder Singh for 27.11.2020 from New Delhi to Kiev, Ukrain and shared their details with Mr. Amit over Whats App. Mr. Amit booked the tickets of abovesaid both persons for 27.11.2020 and shared the tickets with Mr. Jatinder on 25.11.2020. The tickets were issued the transaction was completed from the company’s end as it had completed its obligation owed to Mr. Jatinder. However, on 02.12.2020 the company received an email from one Mr. Sahil Kumar Goyal, proprietor of Edu Udaan stating that the amount of INR 75000/- was transferred by him on 12.11.2020 for booking tickets in the name of Mr. Hawa Singh and Mr. Sandeep and stated that no tickets were issued by the company for Mr. Hawa Singh and Sandeep, the company was liable to be refunded the said mount of Rs.75000/-. Mr. Amit got on a call with Mr. Sahil Kumar Goyal and explained him that though initially Mr. Jatinder had directed the company to book tickets for Mr. Hawa Singh and Sandeep, however later he had changed his instructions and directed the company to book tickets for one Mr. Lakhvir Singh and one Mr. Salinder Singh instead with respect to the amount of Rs.75000/- transferred and thereby told Mr. Sahil Kumar Goyal that refund if any was to be given to him by Mr. Jatinder and not the company and prayed for dismissal of the complaint.

9.             As per the version of the complainant, he booked two air tickets from New Delhi to Kiev, Ukrain for 27.11.2020 in the name of Hawa Singh and Sandeep Kumar and complainant has also transferred the Rs.75000/- on 12.11.2020 in the account of the OP company. This fact has not been denied by the OPs.

10.           As per the version of the OP company abovesaid air tickets were booked on the asking of one Mr. Jatinder who has contacted Mr. Amit Kumar, the Manager of the OP company. Initially, the said tickets were got booked by said Jatinder in the name of Hawa Singh and Sandeep Kumar and on 13.11.2020, said Jatinder again contacted Mr. Amit Manager of the OP company and changed his instructions and directed to Mr. Amit for not booking the tickets in the name of Hawa Singh and Sandeep and tickets be booked in the name of one Lakhvir Singh and Salinder Singh. Same were booked in the name of said persons on the instruction of Mr. Jatinder. Once the tickets were issued, the transaction was completed from the company’s end as it had completed its obligations owned to Mr. Jatinder.

11.           The onus to prove his version lies upon the complainant but complainant has miserably failed to prove the same by leading any cogent and convincing evidence. Except transferring the amount in the account of company on 12.11.2020, there is nothing on the file to prove his version. The present complaint has been filed by the complainant as a proprietor of Edu Udaan but no proof for alleged proprietorship has been placed on file. The complainant has not directly contacted the OPs and the amount was transferred on the instruction of Jatinder as alleged by OPs but complainant has not impleaded Mr. Jatinder as a party in the present complaint, which is very necessary party.

12.           The flight schedule was for 27.11.2020 and complainant started complaining on 02.12.2020, this fact has not been denied by the parties.  If the air tickets were not received prior to schedule of the flight, complainant should have enquired about this from the OPs at the beginning but complainant has raised his grievances with the OPs on 02.12.2020. This fact has been proved from emails Ex.CW1 to Ex.CW8. The OPs have already changed the tickets in the name of one Mr. Lakhvir Singh and Salinder Singh. On non-receipt of the air tickets in time the, complainant approached to the OPs after expiry of the flight schedule dated 27.11.2020. It appears that the complainant himself is at fault. Furthermore, complainant has alleged himself as a company and he is not a layman who does not know the norms of the flight schedule.

13.           Thus, in view of the above, the present complaint is devoid of any merits and deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:10.11.2022.                                                                    

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

       

(Vineet Kaushik)        (Dr. Rekha Chaudhary)                     

Member                                Member