In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 415 / 2009.
1) Sri Arun Kumar Sarkar,
Daffodil Nursing Home Pvt. Ltd.,
27, Canal Street, Kolkata-700023. ---------- Complainant
---Versus---
1) Voyagers Club Tours Pvt. Ltd.,
4A, Anil Roy Road, Kolkata-700029.
2) Indrajit Sarkar, Managing Director, Voyagers Club Tours Pvt. Ltd.,
4A, Anil Roy Road, Kolkata-700029. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 26 Dated 14/06/2012.
Complainant viz. Arun Kumar Sarkar filed a case bearing no. CDF, Unit-1, Case no.415 of 2009 between Voyagers Club Tours Pvt. Ltd., 4A, Anil Roy Road, Kolkata-29 and Indrajit Sarkar, Managing Director, Voyagers Club Tours Pvt. Ltd., 4A, Anil Roy Road, Kolkata-29 as o.ps. before this Forum. The said matter has come up for hearing today for argument.
The case of the complainant is that they have booked two premium economy class air tickets for the journey Kolkata-London-Kolkata in British Airways through the aforesaid traveling agent. The complainant booked the tickets for himself and for his minor grand daughter for the journey to and fro Kolkata-London-Kolkata for traveling on 14.10.07 and 25.10.07 in the name of the complainant and his minor daughter respectively from Kolkata.
The complainant also submitted that by an e-mail dt.19.9.07 the o.ps. as aforesaid have confirmed the air tickets for premium economy class tickets amounting to Rs.62,475/- plus tax as fare. Thereafter, the o.p. nos.1 and 2 raised a bill to the complainant amounting to Rs.1,48,738/- for the above mentioned journey in the premium economy class tickets for the journey of both the persons as stated above and accordingly, the complainant being a citizen of India paid the said amount of Rs.1,48,738/-.
Further case of the complainant is that the tickets have been issued to the complainant by the o.ps. for economy class (World Traveller) and not by the economy class (Premium), although they have paid the enhanced amount of Rs.73,603/- in respect of both the tickets for premium economy class.
Thereafter, the complainant further stated that they had to suffer not only financial loss but also suffered from not having enjoyment of better comfort and harassment and mental agony as well as stress and strain for undertaking the journey in by economy class World Traveller in spite of their request to purchase economy class premium category from the o.ps.
The complainant vide his e-mail dt.29.11.07 requested the o.ps. to settle that issue immediately and requested also to refund the balance amount in respect of both the tickets since the o.ps. had issued lesser quality of tickets than that of the tickets what complainant asked for. Thereafter, the complainant submits that o.ps. are liable for deficiency in service and also guilty for unfair trade practice for which the complainant had to suffer not only monitory but also suffered from mental agony, harassment, etc.
In the premise, the complainant has come forward with the instant petition of complaint with a prayer as mentioned in the prayer portion of the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v denying all the material allegations raised against them by the complainant and ld. lawyer of o.ps. in the course of argument submitted that the instant case is not at all maintainable in the context of the facts and circumstances disclosed on record and further submitted for dismissal of the case and the complainant is not entitled to relief in any manner whatsoever.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position as we come to find from the materials on record that the complainant purchased two air tickets Kolkata-London-Kolkata in economy class premium and for which the complainant made payment of Rs.1,48,738/-, but surprisingly enough o.p. no.1 the authorized agent of o.p. no.2 booked their tickets in economy class (World Traveller) which is of much inferior quality tickets. O.ps. had confirmed the two tickets in premium economy class vide page 15 of evidence of o.ps. and this position will be further strengthened from annex-A attached with the petition of complaint.
In view of the findings above and on careful scrutiny of the entire materials on record we are of the view that the act on the part of o.ps. is highly condemnable and o.ps. ought to have disclosed every merits and demerits of economy class premium tickets and economy class (World Treveller) and had the complainant been made aware of the position could have taken decision whether they will be availing of the said tickets for the to and fro Kolkata-London-Kolkata or otherwise as they deem fit and proper in the matter.
The plea taken by o.ps. is not acceptable simply because nothing should be taken for granted and it is their duty to make a purchaser aware before booking tickets every minute details of various of tickets having difference facilities. The act on the part of o.ps. should not be allowed to be continued any further since it does affect the entire society at large and there must be end of everything and such action on the part of o.ps. amounts to profuse deficiency of service as well as carrying on unfair trade practice and this needs be curbed since a large number of population used to travel by air in our country and as such, we hold that the complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant Rs.43,603/- (Rupees forty three thousand six hundred three) only for each tickets as difference in each tickets value between World Treveller Premium Economy Plus and World Treveller class together with interest @ 10% p.a. from the date of deposit till the date of realization. O.ps. are further directed to pay to the complainant a sum of Rs.30,000/- (Rupees thirty thousand) only for his harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only. O.ps. are further directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only to the complainant and Rs.3,00,000/- (Rupees three lakhs) only to the State Consumer Welfare Fund, Govt. of West Bengal, Consumer Affairs Deptt. as punitive damage for carrying on unfair trade practice as defined in the Consumer Protection Act, 1986. O.ps. are directed to pay the said entire awarded sum within 45 days from the date of communication of this order, i.d. an interst @ 10% p.a. shall accrue over the entire sum till the date of realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
