THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C. 430/2014
Dated this the 9th day of March 2018.
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, MA, LLB : Member
ORDER
Present: Beena Joseph, Member:
The above complaint was filed on 27.08.14 alleging deficiency of service and illegal trade practice. The case of the complainant is that, she had approached the opposite party who was conducting travel agency and rendering services of tour operations in and out of India, in order to travel Kolalampur in Malaysia. On 05.09.2013 complainant paid Rs.14,657/- as to and fro travel charges of Air Asia from Nedumbassery air port to Kolalampur .The journey was proposed on 16.09.13. Apart from this amount, opposite party collected Rs.2,800/- as Visa charge from the complainant as on 11.09.2013. And further collected Rs.15,800/- towards providing accommodation and sightseeing at Kolalampur. Thus opposite party collected a total amount of Rs.32,257/- from the complainant on different heads for providing service to the complainant. But due to the unforeseen reasons, the complainant had to cancel her proposed journey. This was intimated to the opposite party in advance ie. on 12.09.2013. The complainant had given specific instructions to the opposite party to intimate the concerned regarding the cancellation of journey and requested to return the amounts collected from her but despite of several requests and demands made, the opposite party did not care to reimburse the amount collected. Thereafter complainant issued registered notice to the opposite party on 23.10.13 demanding the amount. Inspite of the receipt of the notice the opposite party did neither care to return the amount nor to send any reply to it. Therefore complainant filed petition before District Legal Service Authority against the opposite party raising allegations mentioned herein and claim amount with interest and cost. But there also the opposite party did not care to honour the legitimate claim. From the action of the opposite party it is clear that they have no intention to honour the claim of the complainant. No reasons are also stated by the opposite party, why the legitimate demand of the complainant is denied. The action of the opposite party amounts to deficiency of service which put the complainant into loss apart from mental agony and hardships. The quality, nature and manner of performance which is required to be maintain and undertaken by opposite party was not performed by them. Hence this complaint, complainant prays for an amount of Rs.32,257/- with 12% interest from 21.09.2013 till realization, order directing them to pay Rs.10,000/- by way of compensation for loss inconvenience and hardships caused by the action of the opposite party and to pay cost of the proceedings.
Notice issued to both parties, both of them appeared. Opposite party filed version stating the following contentions.
Opposite party denied the entire averments and allegation in the petition. Opposite party stated that, the allegation that on 05.09.13 she booked Air Asia up and down ticket to Kolalampur, and collected ticket charge of Rs.14,657/-, and Visa processing charge Rs.1800/- and accommodation charge Rs.15,800/- thus total amount Rs.32,357/- obtained from the petitioner etc. for their service are not fully correct. The allegation of the petitioner that due to the unavoidable circumstances she dropped the tour programme and tours intimated to this opposite party on 12.09.13, claimed return of advanced amount and issuance of the notice not considered by the opposite party are not fully correct. Thereafter complainant approached District Legal service authority even then, amount has not given etc. are not fully correct. Non return of the amount is amounting to deficiency of service and there was no proper reason to return the amount etc.are totally false and incorrect. The actual fact is that, complainant booked a Malaysia tour through this opposite party, as per her request this opposite party arranged ticket through Air Asia which is a budget flight, she booked tickets for three persons. Out of which two persons travelled and utilized the ticket. Petitioner canceled the ticket due to her own fault. Air Asia being a low budget flight, there is no refund. This was intimated to the petitioner and this low budget ticket opted by the petitioner herself. More over the accommodation was arranged for three persons of petitioner’s team among which two of them utilized the same. So the petitioner is not entitled to refund. And there is no service deficiency on the part of opposite party. The petition filed before the legal service authority is dismissed as there is no merit. This being the real facts there is no base for this complaint. Hence it is liable to be dismissed with cost.
In the matter complainant filed affidavit and Ext.A1 to A4 marked. Ext.A1 is the copy of invoice of Rs.14,657/-, Ext.A2 is the copy of invoice receipt for Rs.1800/-, Ext.A3 is the invoice receipt, and Ext.A4 is the registered Lawyer notice.
Points to be considered.
- Is there any service deficiency or illegal trade practice adopted by opposite party?
- If yes, what are the reliefs?
In this matter it is admitted by both parties that, complainant had booked a tour package to Kalalampur through Air Asia and she had given Rs.32,257/- towards Air Ticket charge, Accommodation charge and Visa processing charge. The scheduled date of travelling was on 16.09.2013. But the complainant could not travel because death of her brother. Due to that, petitioner cancelled her journey and this was intimated to the opposite party on 12.09.2013. Regarding this aspect there is no proper dispute on the side of the opposite party. The main contention took by the opposite party is that, this matter was already considered by DLSA and dismissed it as there is no merit. Secondly the tickets were obtained from Air Asia, which is a low budget ticket and there is no question of cancellation or refund. This being the main defense opposite part, they ought to have produced the terms and conditions of Air Asia regarding the cancellation of tickets. Moreover, after filing version opposite party remained absent from the proceedings. Opposite party did not cross examined the complainant. The negative attitude of the opposite party and non-production of the documents clearly establish the culpable negligence on the part of opposite party.
The complainant clearly establishes that, she had cancelled the ticket in advance. And she has explained the reason which seems to be genuine. So the opposite party has got sufficient time to resale the ticket. So they are bound to return the cost of the ticket. Likewise petitioner paid Rs.15,800/- as accommodation charge which also can be cancelled and the same can be adjusted from other persons. But the opposite party has not produced any documents or witness to prove their contention regarding the accommodation. Another amount which levied by the opposite party is Visa processing charge of Rs.1800/- which cannot be cancelled. So opposite party is not liable to return Visa processing charge. In this circumstance opposite party is liable to return the ticket charge and accommodation charge to the complainant. Withhelding these amounts is equallent to illegal trade practice in order to gain unlawful enrichment. In this matter complainant claims compensation from the opposite party but she could not adduce any evidence regarding the same. In the above said situation the Forum is not inclined to grand compensation claimed by the complainant. Hence the petition is allowed in part.
Therefore we direct the opposite party to pay Rs.30,457/- (Rupees Thirty thousand four hundred and fifty seven only)as the travel and accommodation charges collected from the complainant and Rs.2,000/-(Rupees two thousand only) as cost of the proceedings. Comply the order within one month from the date of receipt of the order.
Dated this 9th day of March 2018.
Date of filing: 27.08.2014.
SD/-MEMBER SD/- PRESIDENT SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Copy of cash invoice of Rs.14657/- dtd.05.09.2013.
A2.copy of invoice receipt for Rs.1800/- dtd.11.09.13
A3. Copy of the invoice receipt of Rs.15800/-
A4. The registered Lawyer notice.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
