Date of filing: 5.6.2012.
Date of Dispotal:10.12.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SRI S. SREERAM, B.COM., B.A., B.L., MEMBER
MONDAY, THE 10TH DAY OF DECEMBER, 2012.
C. C. No. 96 OF 2012.
Between:
Yerneni Jaganmohan Rao, S/o Venkateswara Rao, Hindu,62 years, Poultry, R/o D.No.29-25-42, Vamuiri Vari Street, Suryaraopet, Vijayawada.
….. Complainant.
And
1. V.Rameswar, Proprietor Travel Inn, Hindu, 45 years, R/o D.No.42-2/1-227, 5th Line Devi Nagar, Vijayawada.
2. Akber Travels of India Pvt., Ltd., Rep., by its Branch Manager Srinivas Chitturi, Hindu, D.No.38-8-22, Opposite to All India Radio, Punnammathota, M.G.Road, Vijayawada – 10.
….. Opposite Parties.
This complaint is coming before us for final hearing on 29.11.2012 in the presence of Sri U.V.Subrahmanyam, Advocate for complainant and of Opposite Party No.1 called absent and opposite party No.2 appearing in person and upon perusing the material available on record, this Forum delivers the following:
ORDER
(Delivered by Hon’ble Member Sri S. Sreeram)
This is a complaint filed by complainant under Sec.12 of Consumer Protection Act with a prayer to refund an amount of Rs.1,17,800/- with subsequent interest at the rate of 12% p.a. from the date of complaint, Rs.3,00,000/- towards compensation and costs.
1. The brief averments of the complaint are as follows:
The complainant and his wife Nirmala intended to go to United States of America, Washington DC to see their grand son and accordingly approached the 1st opp.party on 6-3-2012 who is the agent of 2nd opp.party for obtaining tickets. The 1st opp.party informed that he is agent of 2nd opp.party. The complainant informed that they intend to go to U.S. Washington DC and asked to arrange to and fro tickets from Chennai on 24-5-2012 and for return from US on 15-11-2012. The 1st opp.party after consulting 2nd opp.party informed the complainant that they have to pay Rs.1,17,800/- including commission of opp.parties 1 and 2. On 7-3-2012 the complainant paid entire amount vide receipt No.317, dt.7-3-2012 and the 1st opp.party informed about the Airways and time etc., Both the opp.parties informed that the tickers were blocked and going to be confirmed within a week and after one week, the complainant asked the 1st opp.party about tickets and the 1st opp.party informed that the confirmed tickets will be handed over within 3 to 4 days after consulting with 2nd opp.party and accordingly the 1st opp.party handed over the tickets. Accordingly the complainant and his wife went to Chennai on 23-5-2012 by Pinakini express from Vijayawada and stayed in a hotel there and visited the airport by 1 AM on 24-5-2012. But after checking the bag and baggage, the airport authorities verified their tickets and informed that the tickets were cancelled. Immediately the complainant tried to contact 1st opp.party, but in vain. Though the 2nd opp.party lifted the phone informed that the tickets were cancelled as the complainant not paid the full amount. The complainant informed that he already paid the amount to 1st opp.party, but the 2nd opp.party not responded properly. As such they returned back to hotel. It is further submitted that both the opp.parties have received entire fare failed to render service, which is nothing but deficiency in rendering services. Hence, the complaint.
2. After registering the complaint, notices were sent to the opposite parties. The 1st opp.party though received notice failed to make his ppearance. Hence he was called absent. The 2nd opp.party filed version by denying the relationship with 1st opp.party. He stated that they never conferred any authority or power to sell air tickets to anyone including the complainant on account of and for the benefit of 2nd opp.party and that the 1st opp.party never been an agent for 2nd opp.party for sale of tickets and that the 1st opp.party purchased two tickets on 17-3-2012 for a foreign journey from Chennai to US and back to Chennai on credit basis by paying an intitial advance of Rs.20,000/- on 17- 3-2012 and Rs.25,000/- on 28-3-2012 to 2nd opp.party out of total consideration of Rs.1,14,700/-. As per the oral agreement, the 1st opp.party has to pay the balance amount of Rs.69,700/- within 15 days from the date of booking of tickets on 17-3-2012 and also informed that if the 1st opp.party failed to remit the amount, the tickets will be automatically cancelled. But the 1st opp.party intentionally committed default in payment despite repeated requests made by 2nd opp.party and as such the tickets were cancelled and the same was informed to 1st opp.party. The 2nd opp.party further contended that they requested the 1st opp.party to inform the same to complainant to avoid discomfort and the amount of Rs.36,000/- after deducting cancellation charges were returned to 1st opp.party by way of cheque. Hence, the 2nd opp.party pleaded that there is no deficiency on its part and prays to dismiss the complaint.
3. The complainant filed his affidavit and got marked Ex.A1 to A8. The Branch Manager of 2nd opp.party filed affidavit in person and got marked Ex.B1 to B4.
4. Heard both sides and perused the record.
5. Now the points that arise for consideration in this complaint are:
i) Whether there is any deficiency in service on the part of the opposite parties in cancellation of tickets without informing to complainant?
ii) If so is the complainant entitled for the reliefs as prayed for?
6. Point No.1 :- On perusing the material on hand (complaint, affidavit and documents), the plea of the complainant is that himself and his wife Nirmala intend to go to Washington DC to see their grand son and accordingly approached the 1st opp.party for tickets who informed that they are the agents of 2nd opp.party. On the instructions of 1st opp.party, the complainant paid Rs.1,17,800/- as fare for tickets for to and fro from Chennai to Washington DC and to Chennai. Acknowledging the said payment, the 1st opp.party issued a receipt under Ex.A3. Thereafter as and when the complainant asked about tickets, the 1st opp.party informed that the tickets were confirmed within 3 to 4 days and accordingly gave tickets to complainant, which are computer generated one under Ex.A4 to A7. But when the complainant and his wife went to Chennai to board the flight, to their shock, the airport authorities informed that the tickets were already cancelled. When the complainant tried to contact 1st opp.party, there is no response from them. But the 2nd opp.party people informed that the tickets were cancelled as the complainant has not paid the entire amount. On the other hand, to disprove the said allegations made in the complaint, the 1st opp.party has not made its appearance inspite of receipt of ummons. As such the allegations as far as guided against the 1st opp.party are remained unchallenged one. Until and unless, the 1st opp.party put forth its version that under what circumstances, the tickets were cancelled etc., this Forum has no option than to draw adverse inference against 1st opp.party and can safely come to conclusion that there is deficiency in service on the part of 1st opp.party.
7. As far as the deficiency in service on the part of 2nd opp.party is concerned, the contention of 2nd opp.party is that the 1st opp.party has paid only Rs.20,000/- on 17-3- 2012 and Rs.25,000/- on 28-3-2012 and they failed to pay the balance amount of Rs.69,700/- within stipulated time. It is further contention of 2nd opp.party that they informed well in advance to 1st opp.party to pay the balance amount within 15 days, otherwise the tickets will be cancelled automatically. To substantiate its contention, it got marked Ex.B1 to B4. On perusal of Ex.B1 and B2, it is clear that the 1st opp.party only paid Rs.20,000/- on 17-3-2012 and Rs.25,000/- on 28-3-2012 though it received entire amount from complainant on 7-3-2012 itself under Ex.A3. Further Ex.B3 email note clarifies that they informed the 1st opp.party about cancellation of tickets as they failed to pay the balance amount. Ex.B4 cheque further clarifies that the 2nd opp.party has returned the amount of Rs.36,000/- out of Rs.45,000/- after deducting cancellation charges to the 1st opp.party and Ex.B5 bank account further clarifies that the 1st opp.party encashed the cheque on 28-5-2012. The 2nd opposite party returned the amount and it was encashed by the 1st opposite party subsequent the date of the joining 24-5.2012. When the 1st opposite party is the agent of the 2nd opposite party the obligation of the 1st opposite party to the customers must necessarily hasten to the 2nd opposite party. It is here to be noted that the tickets Ex.A.6 and Ex.A.7 show that they are confirmed tickets. There is nothing in Exs.A.4 to Ex.A.7 to indicate that there was still liability to pay some amount to the 2nd opposite party. The 2nd opposite party admits that Exs.A.4 to Ex.A.7 was generated by the 2nd opposite party and sent to the 1st opposite party who seem to have delivered them to the complainant. The 2nd opposite party has not informed the complainant though they could secure contact number from the 1st opposite party and rest satisfied that information to the 1st opposite party would be sufficient. Under the provisions of the Contract Act acts of the agent would bind the principle on all ostensible activities. Therefore we feel that the 2nd opposite party cannot escape liability. Accordingly we hold that both the opposite parties committed deficiency in service.
POINT No.2:-
8. In view of the answer on Point No.1 the opposite parties 12 and 2 are liable to compensate the loss occasioned to the complainant due to cancellation of the tickets.
The complainant is entitled to return of amount he paid for purchasing tickets and interest thereon and also compensation for additional nconvenience he faced due to failure of journey on 24.5.2012 in the flight initially intended. We feel that a sum of Rs.50,000/- may be allowed towards compensation. The complainant is also entitled to costs assessed at Rs.2,500/-. 9. In the result, the complaint is allowed partly against opp.parties 1 and 2. The opp.parties 1 and 2 are directed to refund jointly and severally the amount of Rs.1,17,800/- (One lack seventeen thousand and eight hundred rupees only) with interest thereon at the rate of 9% p.a. from 24-5-2012 till the date of payment or realization and also to pay a sum of Rs.50,000/- (Fifty thousand rupees only) towards compensation apart from costs of Rs.2,500/- (Two thousand and five hundred rupees only). The opp.parties 1 and 2 are directed to comply with the order within one month from the date of receiving copy of this order. The other claims of complainant if any are dismissed.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum on this 10th day of December, 2012.
PRESIDENT MEMBER
Appendix of Evidence
Witness Examined
On behalf of the Complainant: On behalf of the Opp. Parties:
None None
Documents Marked
On behalf of the Complainant:
Ex.A.1 Photocopy of Passport of the complainant.
Ex.A.2 Photocopy of Passport of Yerneni Nirmala.
Ex.A.3 07.03.2012 Photocopy of receipt for Rs.1,17,800/- issued by the 1st opposite party
Ex.A.4 . . Photocopy of flight ticket.
Ex.A.5 . . Photocopy of flight ticket.
Ex.A.6 . . Photocopy of flight ticket.
Ex.A.7 . . Photocopy of flight ticket.
Ex.A.8 23.05.2012 Photocopy of Bill issued by Hotel Nirmala Dakshin, Chennai for Rs.1,000/-.
On behalf of the Opposite Parties:
Ex.B.1 17.03.2012 Photocopy of Receipt for Rs.20,000/- issued by the 2nd opposite party.
Ex.B.2 28.03.2012 Photocopy of Receipt for Rs.25,000/- issued by the 2nd opposite party.
Ex.B.3 03.05.2012 Photocopy of Cancellation of tickets issued by the 2nd opposite party.
Ex.B.4 26.05.2012 Photocopy of Receipt for Rs.36,000/- issued by the 2nd opposite party.
Ex.B.5 26.05.2012 Photocopy of Receipt for Rs.36,000/- issued by the 2nd opposite party.
Ex.B.6 . . Photocopy of ICICI Bank Statement.
PRESIDENT
