( Passed on dated 22^th  January, 2016 )

Per Shri Atul D. Alsi – Hon’ble President.

              The complainant and his friends have decided to arrange a pleasure tour for Goa. Total 11 members were agreed for the tours as such they have given the task of arranging the air ticket to complainant.  The complainant has contacted the O. P. No.4 and has deposited a sum of Rs. 61,600/- through the net banking process in the bank account of O. P. No.2.  On 10/06/2014 the complainant has paid the amount of Rs. 61,600/- through his bank account maintained with ICICI bank, a/c. no. 036601500373 to the account of O. P. No.2 maintained in the name of INTER GLOBE AVIATION LTD.

2.            The complainant was shocked and surprised when the air ticket were cancelled without there being any fault on the part of complainant by O. P. No.2. Thus, the complainant has to rearrange the reschedule the tour and on 13^th September, 2014 the group tour for Goa was again planned and executed by airways by paying more prices.  After return from tour the complainant has began work for getting back the amount of air ticket while he had paid to O. P. No.2.  However, the complainant did not get the refund of Rs. 61,600/- till today.  A complete electronic mail correspondence is enclosed with this complaint.  The O. P. No. 1 who is responsible officer of O. P. No. 2 has also pull his hands by saying that the amount has been transferred to O. P. No. 4 and O. P. No. 4 said that he has not received any amount from O. P. No. 1 & 2. 

3.            Despite the repeated demands by the complainant to O. P. about refund of amount, the O. P. not returned the amount of Air fare and withheld it.

4.            The complainant prayed to direct the O. P. to pay a sum of Rs.86,600/- to the complainant with interest from the date of payment made by complainant and also prayed for Rs.10,000/- for cost of litigation.    

5.            After receiving the notice issued by this Forum, the O. P. No.1 to 4 failed to approach before this Forum neither they filed their written statement.  Therefore the Forum passed the Ex-parte order against O. P. No. 1 to 4.

6.            The complainant has filed copy of transaction details of I.C.I.C.I. Bank dated 10/06/2014 at page no. 11, Copy of booking status dated 12/06/2014 at page no.12, Copy of e-mail by complainant dated 30/06/2014 at page no. 13, Copy of e-mail by complainant dated 22/08/2014 at page no. 14, Copy of e-mail by complainant dated 20/09/2014 at page no. 15, Copy of e-mail by O. P. No. 2 dated 22/09/2014 at page no. 16, Copy of e-mail by complainant sending transaction details dated 23/09/2014 at page no. 17, Copy of e-mail by complainant dated 23/09/2014 at page no. 18 on record.

7.            The learned counsel for complainant Mr. M. K. Gupta argued that the complainant has paid tour charges as per bank statement which is fixed on page no. 11.  The tickets were cancelled without the consent of applicants illegally.  The complainant has to rearrange the tickets for tour.  The complainants made request for refund of amount as per e-mail dated 15^th October, 2015.  But the O. P. fails to refund, hence the complainants case may be allowed as prayed.

8.            As per petition and arguments and documents filed on record following points came for consideration:-

REASONING & FINDINGS

9.            The complainant had arranged a Goa Tour on 13 September 2014 as a group tour along with 11 friends and booked air tickets by paying Rs. 61,600/- through Net Banking from I.C.I.C.I. Bank A/C. No. 036601500373 to O. P. No. 2 Inter Globe Aviation Ltd. as per document filed on page no. 12.

10.                   On 18/06/2014 the computer system displayed that the names to be announced later on.  But later on the air tickets of complainant were cancelled without informing or any request from complainant by O. P. No. 2.    The tickets were cancelled without assigning any reason.  Therefore the complainant was required to book tickets again at higher rate of Goa Tour on 13 September 2014.

11.                   After return from tour the complainants made request on Oct. 15, 2014 a mail was address to O. P. to refund Rs. 61,600/- towards tour amount but O. P. did not refund any amount nor replied the complainant this amounts to negligency of service on the part of opposite parties.  Hence the O. P.s are responsible for refund of tour amount along with interest and compensation for mental torture to complainant as per following order:-

-: ORDER :-

1.            The complaint is partly allowed.

2.            The O. P. 1 to 4 are directed to refund Rs. 61,600/- towards cost of tickets for Goa Tour to complainant along with interest @ 9% p.a. from admission of case i.e. 20/05/2015 till its realization.

3.            The O. P. 1 to 4 are directed to pay Rs.15,000/- towards compensation for mental torture & agony along with Rs.10,000/- towards cost of litigation to the complainant.

4.            The O. P. 1 to 4 are directed to comply the above order within 30 days from the date of receipt of this order.

5.            The O. P. 1 to 4 are directed to comply the above order jointly or separately.