DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 3RD DAY OF JUNE, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 29.12.2023.
CC/359/2023
Manikandan.K, - Complainant
S/o.A.K.Kumaran, Ambakuzhi House,
Pazhampalakkode PO,
Palakkad-678 544.
Rep. by power of attorney holder,
Smt.Ammukutty.K., W/o.A.K.Kumaran,
Ambhakuzhi Veed,
Puthucode P.O, Palakkad,
Pazhampalakkode PO, Alathur,
Palakkad-678 544.
(By Adv.K.N.Abhijit)
Vs
The Manager, Sira International Travels Pvt. Ltd, -Opposite Party
Metro Pillar No.882,
Sahodaran Ayyappan Road,
Kadavanthara, Kochi-682 020.
(Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant:
The complainant tried to book an Srilankan Airlines ticket from Kochi for his sister through the opposite party paying Rs.63,084/-. Payment was made by way of Google pay on 14.04.2023. Though the screenshot of the payment was sent to the opposite party, the opposite party did not book the ticket on 15, 16 and 17th April, 2023 telling that the amount has not been credited to their Bank Account ultimately losing the opportunity to book Srilankan Air lines ticket. On 17th April, the opposite party informed that the amount has been credited to their account, but demanded Rs.75,973/- for booking the ticket in Qatar Airways since the Srilankan Airlines ticket was not available. Then the complainant asked the opposite party not to book the ticket and to refund the amount already paid. As the opposite party was not refunding the amount inspite of several contacts, he issued legal notice to the opposite party which was returned undelivered.
Aggrieved by this, the complainant has approached this Commission seeking refund of Rs.63,084/- along with interest @12% p.a and a compensation of Rs.2,50,000/- and other incidental costs.
2. Notice was issued to the opposite party. But the same was returned undelivered with endorsement ”unclaimed”. Hence, their name was called in open court and were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A4 as evidence. Ext.A1 is the screenshot of Google pay payment made to the opposite party, Ext.A2 is the copy of the legal notice issued to the opposite party by Adv. Abhijith K on behalf of the complainant along with the registration receipt, Ext.A3 is the returned envelope containing the legal notice along with AD card and Ext.A4 is the power of attorney executed by the complainant in favour of the power of attorney holder.
4. In the absence of any counter pleadings from the side of the opposite party, this Commission is left with only the proof affidavit and documents marked from the side of the complainant to adjudicate on the merits of this case.
5. Ext.A1 is the evidence of the payment of Rs.63,084/- made by the complainant to the opposite party. The opposite party has not booked any ticket for the complainant. Hence the opposite party was liable to refund the amount immediately. Failure to do so is a deficiency in service, hence to be suitably compensated apart from refunding the amount along with interest.
6. In the result, the complaint is allowed in part ordering the following reliefs;
1) The opposite party is directed to refund the amount of Rs.63,084/- along with interest @ 10% p.a. from 14.04.2023 till the date of payment.
2) The opposite party is directed to pay Rs.1,00,000/- as compensation for deficiency in service and unfair trade practice.
3) The opposite party is also liable to pay Rs.15,000/- as cost of litigation.
It is made clear that the liability is not cast on the Manager but on the opposite party, based on the status applicable to the nature of the opposite party.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 3rd day of June, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Google payment screenshot dated 14.04.2023 for Rs.63,084/-.
Ext.A2: Lawyer notice dated 27.05.2023 issued by Adv.Abijith to the opposite party on behalf of the complainant along with registration receipt..
Ext.A3: Returned envelope containing the lawyer notice issued to the opposite party along with the AD card.
Ext.A4: The power of attorney issued by the complainant in favour of the power of attorney holder
Documents marked from the side of opposite parties
Witness examined from the complainant’s side: NIL
Witness examined from the opposite parties side: NIL
Cost : 15,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
