Complaint Filed On: 17.11.2009<br /> Disposed On: 13.10.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> DATED THIS THE 13TH OCTOBER 2010<br /> <br /> PRESENT:- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2683/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. Pratap Reddy,<br /> S/o Late Sri. K.C. Reddy,<br /> Major,<br /> R/at No.6, Sankey Road,<br /> Lower Palace Orchards,<br /> Bangalore – 560 003.<br /> <br /> Advocate: Sri M. Suresh Reddy <br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY Yatra Online Private Limited,<br /> B-21, Infocity, Sector – 34,<br /> Gurgaon – 122002, <br /> Haryana, <br /> India.<br /> <br /> Rep: by its Managing Director.<br /> <br /> Advocate Sri Venkatesh R.Bhagat<br /> <br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Party (herein after called as O.P.) to pay sum of Rs.47,197/- with interest at 18% p.a. and for compensation of Rs.1,00,000/- on the allegations of deficiency in service on the part of the OP. <br /> <br /> 2. The case of the complainant is to be stated in brief is that: <br /> <br /> OP is a company providing online and internet booking facility / service for air tickets. The payments for bookings are made to the OP directly by online payment through credit cards, net banking etc., Similarly the refunds for any cancellation are also made directly by the OP to their consumers. On 25.08.2008 the complainant made bulk booking of 30 tickets for some function through OP online booking company for Indian Airlines from Bangalore to Mumbai and Mumbai to Aurangabad, the date of journey being 22.12.2008 and for Kingfisher Airlines from Pune to Bangalore on 02.01.2009. The total amount payable towards the said booking was Rs.4,18,500/-, the same was paid to OP on 25.08.2008. For certain unavoidable reasons, five persons traveling from Bangalore to Mumbai and Mumbai to Aurangabad on 22.12.2008 had to be cancelled, in that regard the complainant had cancelled the same. The reference ID given by OP for the said cancellation was YT 1916859. The details of the five persons with their PNR numbers are furnished. Similarly the tickets of seven persons traveling from Pune to Bangalore on Kingfisher Airlines on 02.01.2009 with their PNR numbers were cancelled. OP company given ID for the said cancellation was YT 1917462. The details of the PNR and names of the persons furnished.<br /> <br /> The complainant has been contacting the OP, since January – 2009 for the refund against the cancellation of the five tickets from Bangalore to Mumbai and Mumbai to Aurangabad amounting to Rs.49,000/- Till date the officials of the OP have been promising to look into the matter and arrange for refund of the balance to the complainant. The complainant has still back the entire refund till date. Similarly the complainant has still not got back the refund against the cancellation of seven tickets from Pune to Bangalore amounting to Rs.23,422/-. Thus the total amount due and payable by OP towards the cancellations was Rs.72,422/-. However during May – 2009 the complainant received cheque from OP dated 15.05.2009 for Rs.25,225/- which is only a part of the entire cancellation amount refundable by OP. The total balance payable by OP was Rs.47,197/-. OP has been illegally retaining the said amount which amounts severe deficiency of service. The complainant has been forced to communicate on several occasions to the OP’s officials and the said non-refund of the amounts caused a lot of mental stress and hardship to the complainant. OP is liable to refund the amount of Rs.47,197/- with interest at 18% p.a. in addition to pay sum of Rs.1,00,000/- towards damages. The complainant got issued legal notice dated 08.07.2009, OP failed to reply for the said notice. Hence the complaint is seeking necessary reliefs stated above. <br /> <br /> 3. On appearance, OP filed the version contending that the complainant had not approached the OP for cancellation of said tickets, but had got the same cancelled directly by contacting the respective airlines that is Indian Airlines and Kingfisher Airlines. As such OP became aware of such cancellation only after the complainant contacted OP for refund of the monies. It is stated that once ticket is booked, the money collected for the ticket is not retained by OP and the same is transferred to the respective Airlines. OP could have refunded the money upon the same being transferred back by Airline. As and when money is released by the airline, OP duly refunds the same. OP had duly applied to the Airline for refund in January / February – 2009. The Kingfisher Airlines approved the refund of monies only on 30.11.2009. OP has already refunded an amount of Rs.25,225/- in the month of May – 2009. It has further refunded an amount of Rs.20,005/- vide cheque dated 24.11.2009, which has been duly en-cashed by the complainant. The balance amount of Rs.27,192/- is also being refunded through cheque, which is in the process of dispatch by courier to the complainant. OP has duly refunded an amount of Rs.45,227/- and the balance amount of Rs.27,192/- was also been dispatched. Any delay in the refund has been only because of the delay in receiving the approval and the funds from the respective Airlines, which have not been made a party to this complaint. It is denied that OP is responsible for causing any mental stress or hardship to the complainant. It is denied that OP is liable for interest much less an interest at 18% or an amount of Rs.1,00,000/-, since the delay in refund has not been due to lapse of OP. The staff of OP has been regularly and constant touch with the complainant throughout the period. OP is not liable to pay an amount to the complainant. Hence the version. <br /> <br /> 4. In order to substantiate the complaint averments, the complainant filed affidavit evidence. The Director of OP filed affidavit evidence in support of the defence version. <br /> 5. Arguments on both sides heard. Points for our consideration are: <br /> <br /> Point No.1:- Whether the complainant proved the <br /> deficiency in service on the part of <br /> the OP?<br /> <br /> Point No.2:- Whether the complainant is entitled<br /> for the reliefs now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. Our findings on the above points are:<br /> <br /> Point No.1:- Affirmative. <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. In the affidavit evidence of the complainant at para – 6 stated that the total balance payable to OP towards cancellation of the air tickets was Rs.47,197/- as on date of filing the complaint. Subsequent to filing the complaint and receiving a notice of this complaint, the OP has refunded further amount of Rs.20,005/- vide cheque NO.124840 dated 24.11.2009. Subsequently he had received another payment of Rs.27,192/- as balance payment. Further it is stated that as the payments were made only after close to a year and after correspondence several times causing mental agony and harassment, OP is liable to pay damages and claims interest at 18% p.a. on the amounts of Rs.47,197/- that has been illegally retained by the OP from the date of cancellation till date of payment and to pay sum of Rs.1,00,000/- towards compensation for causing inconvenience, mental agony suffered; along with costs. <br /> 8. OP in the affidavit evidence has come up with a defence that the money collected for the tickets is not retained by them and same is transferred to the respective airlines. In the instant case they could have refunded the money upon the same being transferred back by the airlines, as per custom; as and when money is released by the airlines they have duly refunded it back. The complainant in his affidavit has admitted the receipt of the entire amount, there is no payment pending. It is stated that OP duly applied to the airline for refund in January / February – 2009, Kingfisher approved the refund of monies only on 30.11.2009. So far as refunds from Indian Airlines is concerned, the same amounting to Rs.45,230/- out of Rs.49,000/- was passed over to complainant vide two tranches, duly admitted by the complainant. OP could have refunded the monies only after they received supporting documents duly stamped / endorsed by the Indian Airlines, which was finally received by them from the complainant in the month of May – 2009. The delay in refund has been because of delay in receiving the approval and the funds from Kingfisher Airline, which has not been made party to this complaint. OP denied that they are responsible for causing any mental stress or hardship to the complainant, since they have already refunded the money. The balance refund has been made on 02.12.2009 i.e., even before they became aware of institution of the present complaint. Further it is stated that travel agent can make any refunds of payments only after receiving the same from the airline. It is wrong, incorrect and misconceived to say that receipt of corresponding refund amount is an internal matter between the agent and airline. There is a direct privity of contract between the airline, which is the principal service provider, and the complainant. The complainant himself directly contacted the airlines and got his tickets cancelled. Therefore it is denied that the complainant does not have privity of contract with the airlines in question. The entire money has already been refunded before the institution of the present complaint, the delay in refunding has been purely unintentional. <br /> <br /> 9. It may be noted the complainant made a bulk booking of 30 tickets through the OP online booking company for Indian Airlines and for Kingfisher airlines. Out of 30 tickets for sum unavoidable reasons tickets of five persons from Bangalore to Mumbai and Mumbai to Aurangabad, the tickets of seven persons traveling from Pune to Bangalore on Kingfisher Airlines was cancelled. OP has given the reference ID for both cancellations. Since January – 2009 the complainant made several email correspondences to look into the matter and arrange for refund of the amount. The total amount due and payable by OP towards the cancellations was Rs.72,422/-. During the month of May – 09 the complainant received cheque for Rs.25,225/- only a part of the cancellation amount refundable; the balance that remained to be refunded was Rs.47,197/-. That balance amount has been refunded in two installments one on 24.11.2009 of Rs.20,005/- and another on 02.12.2009 of Rs.27,192/-. Thus there is delay of about 10 months in refunding the amounts towards cancellation of air tickets. <br /> <br /> 10. The learned councel for the OP contended that OP is only a travel agent, as and when money is released by the airlines, OP used to refund the same. Kingfisher airline approved the refund of monies only on 30.11.2009; on account of the same there is delay in refunding the amount. Kingfisher Airline is not made party to the complaint. OP as an agent of airlines refunded the amounts as and when received from the respective airlines. <br /> 11. It is pertinent to note that the complainant after cancellation of the air tickets, started pursuing the matter for refund of the amount since January – 2009. The cancellation of the 5 tickets from Bangalore to Mumbai and Mumbai to Aurangabad for Indian airlines; the amount to be refunded was Rs.49,000/- as claimed by the complainant. Out of the said amount OP has refunded only Rs.25,225/- through cheque dated 15.05.2009. It appears that the Indian airlines has approved the refund and provided the funds; for refund in the month of May – 09, but OP has not refunded the entire amount. An amount of Rs.20,005/- was refunded on 24.11.2009. Thus it becomes clear that this part of amount was retained by OP from the month of May – 09 till 24.11.2009. The Kingfisher airlines approved the refund on 30.11.2009 and provided the funds and the same was refunded to an extent of Rs.27,192/- on 02.12.2009. Even assuming that delay in refunding this amount of Rs.27,192/- was on account of delay in approval and providing funds by Kingfisher airlines, there was no reason for OP to retain the funds made available by Indian airlines towards refund of the amount. OP has not placed any material to show that in the month of May – 09 only the part of amount towards refund was released by Indian airlines; and the balance amount was made available for refund in the month of November – 09. Under these circumstances we are of the view that OP by retaining part of amount to be refunded released by Indian airlines from the month of May – 09 till 24.11.2009 committed deficiency in service on its part. Therefore non refunding the amount within a reasonable time amounts to deficiency in service on the part of the OP. Taking into consideration of all the facts and circumstances we are of the view that the ends of justice would be met by awarding compensation of Rs.5,000/- for the delay in refunding the amount. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. OP is directed to pay an amount of Rs.5,000/- as compensation with litigation cost of Rs.1,000/- to the complainant. <br /> <br /> This order is to be complied within four weeks from the date of this order. <br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 13th day of October 2010.) <br /> <br /> <br /> PRESIDENT<br /> <br /> MEMBER MEMBER <br /> <br /> Snm:<br /> <br /> <br />