Kerala

Idukki

CC/229/2019

Donny James - Complainant(s)

Versus

Unimoni finance Servicess Ltd - Opp.Party(s)

Adv: km Sanu

02 Dec 2021

ORDER

DATE OF FILING :16.12.2019

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION IDUKKI

Dated this the 2^nd day of December, 2021

Present :

SRI. C. SURESHKUMAR PRESIDENT

SMT. ASAMOL P. MEMBER

SRI. AMPADY K.S. MEMBER

CC NO.229/2019

Between

Complainant : Dony James,

Vazhepparambil House,

Thattarathatta P.O.,

(By Adv: K.M. Sanu)

And

Opposite Parties : 1. The Manager,

Unimoni Financial Services Ltd.,

Sundaram Tower, Ambalam Bypass,

Thodupuzha, Thodupuzha P.O.

(Former UAE Exchange and

Financial Services)

(By Adv: T.J. Jomon)

2. The Manager,

Jet Airways,

Kochi International Airport,

Airport Road, Kochi – 683 111.

 

O R D E R

SRI. AMPADY K.S., MEMBER

 

This complaint was filed by the authorised person Sri. James Kurian, for Sri.Dony James. Allegations of the complainant are as under :

 

1. Complainant was working abroad and he booked airline ticket from 2^nd opposite party through 1^st opposite party, for travel from Dubai to Kochi on 15.7.2019 and paid Rs.11000/- as flight ticket charge. It was booked as early on 13.3.2019. Purpose of (cont.....2)

- 2 -

 

travel was to attend certain functions which were already decided. But near to the travel date fixed, opposite parties informed that concerned flight was cancelled and they had not arranged any alternate flight or refunded the ticket charge paid.

 

2. As the flight was cancelled very near to the date of travel, he had to spent more amount for arranging another flight. He could not attend the various functions already fixed and also not enjoyed the 45 days vacation completely.

 

3. Eventhough ticket charge was received by them in advance, by cancelling the flight very near to the travel date without arranging alternate flight and also by not refunding the ticket charge amount to deficiency in service and also unfair trade practice on the part of opposite parties. So the complainant is entitled to compensation for his economic loss as well as other difficulties. He is also entitled to recover the ticket charge with 12% interest also.

 

So, he prayed for the following reliefs.

1. To direct the opposite parties to refund the ticket charge of Rs.11,000/- with 18% interest from 13.3.2019.

2. Allow to recover Rs.50,000/- from opposite party towards their deficiency in service and also for the difficulties caused to him by the act of opposite parties.

3. Allow Rs.5000/- towards costs of the complaint.

 

First opposite party was originally set exparte on 16.1.2020. Later, petition for setting aside exparte order was allowed on costs. 1^st opposite party filed vakalath and prayed for filing written version. Eventhough after several adjournments, 1^st opposite party had not filed written version or represented. No appearance from the part of 2^nd opposite party. Hence both of them were exparte. Complainant filed proof affidavit and produced following documents and marked as Exts.P1 to P4.

1. Ext.P1 - Receipt dated 13.3.2019 issued by 1^st opposite party towards booking of flight on 15.7.2019 and acceptance of Rs.11,000/- towards ticket charge.

2. Ext.P2 – Travel summary dated 6.3.2019 issued by opposite parties.

3. Ext.P3 - Authorisation letter dated 28.11.2019 given by the complainant in favour of Sri. James Kurian.

4. Ext.P4 - e-ticket / Itinerary in respect of travel by the complainant through spicejet on 16.7.2019.

(cont.....3)

 

- 3 -

We have examined the contentions of the complainant and perused the documents produced. As the opposite parties are exparte, we have decided the complaint on the basis of evidence available on record.

 

In the light of above, following points arise for consideration.

1) Whether there is any deficiency in service on the part of opposite parties as alleged ?

2) Whether the complainant is entitled to recover the ticket charge with interest and compensation as prayed for ?

3) Reliefs and costs.

 

Point No.1: On a perusal of the allegations and evidences, it is seen that allegations of the complainant are correct. Not arranging alternate flight and not refunding the ticket charge is deficiency in service. Eventhough complainant had stated in the proof affidavit that he had to spend Rs.8000/- more for arranging alternate flight, it is not proved. Besides, no such allegation was raised in complaint. So this averment cannot be accepted. So, Point No.1 is answered in the affirmative.

 

Point No.2: Since the opposite parties have not refunded the ticket charge, complainant is entitled to recover the same from opposite parties. Hence Point No.2 is decided in favour of the complainant.

 

Point No.3: In the light of our findings above, we direct the opposite parties:

1. To refund Rs.11,000/- being the ticket charge paid by complainant.

2. To pay Rs.10,000/- towards compensation for difficulties caused to the complainant.

3. To pay Rs.2000/- towards costs of the case.

 

In the result, complaint is allowed to the above extent.

 

Pronounced by this Commission on this the 2^nd day of December, 2021

 

Sd/-

SRI. AMPADY K.S., MEMBER

 

Sd/-

SRI. C. SURESHKUMAR, PRESIDENT

 

Sd/-

SMT. ASAMOL P., MEMBER (cont.......4)

• 4 -

 

APPENDIX

Depositions : Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Receipt dated 13.3.2019 issued by 1^st opposite party towards booking of flight

on 15.7.2019 and acceptance of Rs.11,000/- towards ticket charge.

Ext.P2 - Travel summary dated 6.3.2019 issued by opposite parties.

Ext.P3 - Authorisation letter dated 28.11.2019 given by the complainant

in favour of Sri. James Kurian.

Ext.P4 - e-ticket / Itinerary in respect of travel by the complainant through

spicejet on 16.7.2019.

On the side of the Opposite Party :

Nil.

 

 

 

 

 

 

Forwarded by Order,

 

 

 

SENIOR SUPERINTENDENT