SMT.MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of the Consumer Protection Act 2019 to direct the opposite party to refund the balance ticket fare of Rs.6300/- along with cost and compensation to the complainant for the deficiency of service on his part.
The case of the complainant in brief :
The complainant’s brother Shaharas is employed at Dubai and living along with his family. One function is conducted at Dubai in his uncle’s house on 3/6/2022. The complainant’s mother was also invited for the function. The complainant’s brother also wanted to bring his mother to Dubai to stay with him. Then the complainant’s brother contacted the OP through telephone and asked him about the procedure and charge for arranging the visa for his mother. The OP assured that he can arrange the visa and ticket within a short span and the charge for visa and flight ticket for Rs.33,000/- and the said Shaharas agreed the same. For arranging the tiket Shaharas clearly stated that his mother traveling abroad at 1st time and want a ticket from Kannur Air port. The OP agreed to do the same. Then the complainant and Khairunnissa approached OP and gave photo and passport copy of Khairunnissa to OP on 9/5/2022. As per the instruction of Shaharas the complainant and her mother went to the office of OP on 14/5/2022 and gave him Rs.33,300/- as the visa charge and ticket fare. At that time the complainant also reminded the OP that her mother has to reach before 3/6/2022. On 25/5/2022 the OP informed the complainant that he has taken ticket for 2/6/2022. So the complainant paid Rs.15,500/- towards balance amount on 26/5/2022. The balance amount of Rs.4000/- on 31/5/2022. The complainant and her mother prepared food items for giving it to their relatives. They have prepared several food items and things were also packed ready for delivery. Then the OP told that visa was not ready and complainant’s mother cannot travel on 2/6/2022. The complainant’s mother was really sad as she was looking forward to attend the function on 2/6/2022. Then the said Shaharas checked the visa status and know that the OP applied for visa only on 30/5/2022 and the OP was not performed his job as promised. Thereafter the OP called the complainant that he has arranged ticket for her mother to travel on 3/6/2022 from Kozhikode. The complainant and her brother earlier told the OP that they want ticket from Kannur Airport. The officials in the airport told her that her visa message was not updated and she cannot travel in the flight. Then the complainant’s brother engaged some other persons by giving money to look after the issue. At last on 3/6/2022 the complainant’s mother travelled from Kozhikode airport to Dubai. So the complainant’s mother traveled from Kozhikode airport the ticket fare was lower than the fare from Kannur Air port. The act of OP , the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP. Hence the complaint.
After filing the complaint, notice issued to opposite party. The OP received the notice and not appeared before the commission and not filed version. As such this case came to be proceed against the opposite party is set exparte.
Even though the opposite party has remained ex-parte, it is for the complainant to establish the allegations made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce her affidavit along with 4 documents marked Exts.A1 to A4. The complainant was examined as PW1 and her mother was examined as PW2. So the opposite party remain absent in this case. At the end the Commission heard the case on merit.
Let us have a clear glance at the relevant documents. The complainant’s brother Shaharas wanted to bring his mother to Dubai to stay with him and attend the function on 3/6/2022. As per Ext.A1 document the OP issued the receipt voucher to complainant’s mother(PW2) on 14/5/2022 for an amount of Rs.33,300/-. The particulars shown in Ext.A1 clearly stated that visa +ticket charge. In Ext.A2 the flight details on 2/6/2022 from Kannur to Dubai. The date of booking on 25/5/2022 payment status as “paid” .In Ext.A3 regarding the passport details and application form of Khairunnissa(PW2). In Ext.A4 is the invitation card of the earring ceremony of Shaikha Sulthana on 3/6/2022 afternoon at Ajman. But the negligent act of OP the complainant’s mother Khairunnissa was not attend the function. Then the said Shaharas checked the visa status and know that the OP applied for visa only on 30/5/2022 and the OP was not performed his job as promised. Moreover the complainant’s mother traveled from Kozhikode to Dubai. As per Ext.A2 the booking details as 25/5/2022 and journey travel from Kannur to Dubai. So the complainant’s mother travelled from Kozhikode airport the ticket fare was lower than the fare from Kannur airport. So the act of OP’s the complainant caused much mental agony and financial loss. There is deficiency of service and unfair trade practice on the part of opposite party. The OP’s directly bound to redressal the grievance caused to the complainant. So he failed to do so. Therefore we hold that the opposite party’s liable to refund Rs.6,300/- the balance ticket fare to the complainant along with Rs.9000/- as compensation for mental agony and stress of the complainant and Rs.3000/- as litigation cost to the complainant.
In the result, the complaint is allowed in part directing the opposite party’s to refund the Rs.6,300/- the balance ticket fare to the complainant along with Rs.9000/- as compensation for mental agony and stress of the complainant and her mother and Rs.3000/- as litigation cost within 30 days of receipt of this order. In default, the amount of Rs.6300/- carry interest@ 9% per annum from the date of order till realization , failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Receipt dtd. 14/5/2022
A2- flight ticket copy
A3- Visa application print out
A4- Invitation
PW1-Fathimathul Sana –Complaint
PW2- Kairunnissa- witness of complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/forwarded by Order/
ASSISTANT REGISTRAR
