Sh. Raj Kumar Kaushal s/o Sh. Baldev Krishan Kaushal r/o H.No.133B, W. No.13, Bhagwanpura Road, Samrala, Distt. Ludhiana.
…..Complainant
Versus
1- M/s Make My Trip, through their branch office SCO 35, Feroze Gandhi Market, Ludhiana-141001 Ph.0161-463-8687 Fax 0161-460-0649.
2- M/s Make My Trip, Head Office, 103, Udyog Vihar, Gurgaon-122016, Ph.01244628747. ….Opposite parties.
O R D E R
1- For his daughter Capt. Supriya Kaushal, complainant on 10th September, 2007, booked one seat from Delhi to Imphal, in Indigo Airlines, through opposite party no.1 and made payment of Rs.4819/- for flight on 2nd October, 2007, vide his credit card no.5473441626313004 of Bank of Baroda. On the scheduled day of departure of the flight on 2nd October, 2007, daughter of the complainant got surprised when the airline refused permission to her, on ground that though seat was reserved for her, but had not received payment from opposite party no.1. Consequently, she was made to pay fare of around Rs.4600/-, by using credit card of the complainant, as she was not carrying amount in cash. Thereafter, complainant approached opposite party many times, who assured to refund payment within 48 hours. But they remained waiting till August, 2008 and consequently, served legal notice dated 24.7.2008, providing details of deficiency in services and the loss and damages suffered due to harassment of the complainant.
Ignoring grievances of the complainant, opposite party only paid Rs.4500/- approximately in the month of September, 2008. On account of fault and deficiency, complainant suffered financial loss in terms of interest charged by the bankers. Consequently, the present complaint u/s 12 of the Consumer Protection Act, 1986, for direction to opposite party, to refund full value of fare of Rs.4819/- alongwith Rs.4500/- charged as interest by the bank and damages of Rs.2.50 lacs with Rs.10,000/- litigation costs.
2- Opposite parties initially appeared through their branch manager Sh. Anil Thakur, who subsequently, failed to appear or file written statement. Hence, were proceeded exparte.
3- Complainant by way of exparte evidence, tendered own affidavit Ex.CW1/A, legal notice Ex.C1 and statement Ex.C2 to Ex.C4.
4- We have heard the complainant and perused the record.
5- At the time of arguments, complainant produced invoice dated 10th September, 2007, of paying through credit card, a sum of Rs.4819/- to opposite party for booking of flight of Indigo Airline on 2nd October, 2007 from Delhi to Imphal. The same amount of Rs.4819/- vide credit card statement Ex.C3, was credited to the account of opposite party no.1. Statement of credit card Ex.C4 goes to show that on 2nd October, 2007, a sum of Rs.4574/- was charged from the complainant for boarding the flight from Delhi to Imphal. These documents make us to rely blindly on affidavit of the complainant that despite receipt of fare from Delhi to Imphal, opposite party failed to remit the amount to the Indigo Airlines and as a result, daughter of the complainant was forced, while boarding the plane, to pay Rs.4574/- to them.
Had opposite party no.1 done its duty, by remitting amount to the Airline, daughter of the complainant would not have been forced to pay amount of Rs.4574/- again. This means and proves clearly that opposite party no.1 was deficient in doing its duty towards its own consumer, when failed to remit the amount of fare to the Airline, so received from the daughter of the complainant. Subsequently, opposite party failed to settle the claim, forcing the complainant to serve legal notice Ex.C1 dated 24.7.2008. It was thereafter that in September, 2008, approximately Rs.4500/- was refunded by opposite party no.1 to the complainant.
Daughter of the complainant, as such, had to undergo agony of making payment for the travel despite that had already paid the money through opposite party no.1, who failed to forward the same to the Airline. Such act must have caused harassment to her, amounting to deficiency in service on part of opposite party. Consequently, for such harassment suffered by her, we allow this complaint, by passing exparte order against opposite party, to pay damages of Rs.3000/- to the complainant with litigation costs of Rs.1000/- within 45 days of receipt of copy of order


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