ORDER

Per NIPUR CHANDNA, MEMBER

On 19/12/2012, complainant booked an AIR Ticket from Delhi to Jodhpur through the OP for a flight due on 5.1.2013 and paid a sum of Rs. 19,842/- to the OP through credit card.  It is alleged by the complainant that when she checked the booking

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details on the website of the OP i.e. TravelChacha.com  , she found her booking status as “Not Confirmed”. Thereafter , the complainant immediately enquired about the booking  to the OP over phone and in reply OP assured that the confirmation of the booking would take place within 24 hours.  It is further alleged by the complainant that although the OP confirmed the booking of the complainant’s ticket, however, website of the OP showed the status of booking as” Not confirmed”, this created a  doubt in herind and she immediately got looked the confirmed ticket from some other agency and requested the OP through e-mails to refund the amount of Rs. 19,842/-.  The OP had not paid the above amount despites several e-mails and telephonic requests.  Hence, this complaint.

  Notice of the complaint were sent to the OP by registered post on 10-12-2014 and 31-1-2015.  The notices were not received back unserved and therefore service was presumed to have been effected on the OP. since, none had appeared on behalf of the OP, hence it was ordered to be proceeded with ex-parte.

  In his ex-parte evidence, the complainant has filed his affidavit dated 13.5.2015 wherein he has corroborated the contents of the complaint.

  We have heard arguments advanced at the bar and have perused the record.

  The complainant has placed on record the copy of e-mails exchanged between him and the OP which already shows  that the OP had refunded an amount of Rs. 19, 842/- to the complainant despite receiving numbers of requests from complainant.  The

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complainant has also placed on record the copy of chequedt. 22.2.2014 issued by the OP in the her  name along with the bank statement.  The copy of the bank statement shows that the above said cheque was dishonoured due to “insufficient funds”.  This shows that the OP had failed to discharge his liability.  Thus the OP has caused financial losses beside harassment , pain and mental agony to the complainant. 

  We hold OP guilty of deficiency in service and direct it as under:

1. To refund a sum of Rs. 19,842/- to the complainant along with interest @ 10% p.a. from the date of deposit i.e. 19.12.2012 till payment.
2. TO pay to the complainant a sum of Rs. 10,000/- for causing harassment , pain and mental agony.
3. To pay to the complainant a sum of Rs. 25,000/- as cost of litigation.

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The OPs shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OPs fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule.  File be consigned to record room.

    Announced in open sitting of the Forum on.....................