FA   668  of 2011   against C.C.  157/2011,  Dist. Forum-III, Hyderabad

Between:

Srihari Rao Vadrevu

S/o. Late V. Seshagiri Rao

Professor, JNTU, Hyderabad.

H.No. 13-405, Plot No. 20

Road No. 14, Alkapuri

Hyderabad.                                                            ***                           Appellant/

  Complainant

                                                                   And

1)  M/s. Yatra Online Pvt. Ltd.

6-3-349/32/2, G.S. Plaza

Nagarjuna Circle,

Road No. 1, Banjara Hills

Hyderabad.

2)  M/s. Air France

7, Atma Ram Masian

Scindia House, Janpath

New Delhi-110 001.                                     ***                         Respondents/      

O.Ps

Counsel for the Appellant:                          M/s.  D. Jawaharlal

Counsel for the Respondent:                       M/s. K. V. Udaya Bhasker

CORAM:

HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT

                                            SMT. M.SHREESHA, MEMBER

&

                                            SRI S. BHUJANGA RAO, MEMBER

TUESDAY, THE TWENTY EIGTH DAY OF AUGUST TWO THOUSAND TWELVE

ORAL ORDER:  (Per Hon’ble Sri Justice D.Appa Rao, President )

***

1)                 Appellant is unsuccessful complainant.

2)                The case of the complainant in brief is that   he is a Professor in JNTU and often travels abroad to deliver guest lectures and attend other educational programmes at various universities around the world.    Op1 is travel agent who arranges travel tickets to travellers for various flights including the flights run by Op2.    While so,  in order to deliver guest lecture  and attend other educational programmes at  Universitario do Araguaia, Brazil  scheduled from  18.6.2010   he booked  to and fro air ticket  from  Hyderabad-Mumbai-Goiania, Brazil  through  Hyderabad Branch of Op1 for the date of departure on 16.6.2010 and return on  17.7.2010. He had paid Rs. 1,15,644/- the cost of air ticket by way of cheque drawn on Op1 which was encashed by Op1.    Op1 issued to and fro e-ticket with date of departure on 16.6.2010 at 02.25 hours from Mumbai and return journey from Goiania to Mumbai   on 17.7.2010 with status ‘confirmed’.  Accordingly he proceeded to Mumbai to board the flight Air France on 16.6.2010 however he was not allowed to board the flight on the ground that the ticket was invalid due to improper documentation.  Therefore, he could not travel on the said date.    He was constrained to purchase one more air ticket at higher price through Op1 at Gurgaon Office on 17.6.2010 to proceed to Brazil.   When he demanded refund of the amount including the cost of alternative travel arrangement made by him amounting to Rs. 1,35,212/-  they did not oblige.   Despite repeated e-mails and notices,   and finally by way of legal notice on 5.10.2010 to settle the claim however there was no response.    Op2 however stated that it would deal with travel agents,  and does  not correspond with the customers.    Alleging  all this amounts to deficiency in service  filed the complaint claiming refund of Rs. 1,15,644/- and Rs. 1,35,123/-  the price of ait tickets purchased by him  with interest  @ 36% p.a.,  besides compensation of  Rs. 2 lakhs and costs. 

3)                 The Dist. Forum dismissed the complaint on the ground no notice could be served on the respondents.   Notices were returned with endorsement ‘left’.   The Dist. Forum somehow dismissed the complaint on the ground that the complainant has not furnished the correct address  besides  he  being absent on the date of hearing.    

4)                 Aggrieved by the said order, the complainant preferred the appeal contending that it could have granted time before dismissing the complaint.   There is no other option except preferring the appeal and therefore prayed that the complaint be restored to its original file  with a direction to  proceed according to law. 

5)                The point that arises for consideration is whether the order of the Dist. Forum is vitiated by mis-appreciation of fact or law?

6)                It is an undisputed fact that the complainant was not present on the date when the matter was posted.   The complaint was dismissed with following docket order:

          “Correct address not filed.  Complainant absent.   No representation.   Hence, the complaint is dismissed as the complainant has not furnished the correct address of Op1 & Op2.  No costs. ”

7)                It may be stated herein that the Dist. Forum ought to have scrutinized the endorsement made on the registered postal covers before mentioning that the complainant has not taken notices to the correct address.  At any rate, the complaint was dismissed solely on the ground that he did not take any steps.   The Dist. Forum ought to have invoked Section 28A of the C.P. Act before dismissing the complaint.   That is the last known address suffice to proceed against Ops.   May be the complainant is at fault for not representing the matter on the date of adjournment.  Since Op1 has  now chosen to engage an advocate and represented in the appeal there cannot be any difficulty to adjudicate the matter  after insisting his written version.      Notice of Op2 was returned with endorsement ‘left’.  Since it is  the last known address it could be held that notice sent by it was sufficient.  Considering the circumstances, we are of the opinion that the complaint could be restored to its original file,  and proceed with enquiry  by directing opposite party  to file its written version, and after permitting both of them to  lead evidence dispose of the complaint according to law.

8)                In the result the appeal is allowed setting aside the order of the Dist. Forum.   The Dist. Forum is directed to restore the complaint to its file.  Both parties are directed to appear before the Dist. Forum on 17.9.2012 without insisting on fresh notice.   The Dist. Forum is directed to grant time  for filing written version and adjudicate the matter  after affording  opportunity to both sides to adduce evidence and dispose of the matter  according to law.  No costs.  

1)      _______________________________

PRESIDENT                 

2)      ________________________________

 MEMBER

3)      ________________________________

 MEMBER

*pnr                                                                               28/08/2012

UP LOAD – O.K.