M.THANIKACHALAM, J. - (1.) The opposite parties are the appellants.
(2.) Background of the case: The complainant had purchased five air tickets on 17.2.2007 at Coimbatore, to fly from Goa to Bangalore, through online in flight No.DN644, on 3.3.2007, by paying a sum of Rs.7495/-. Due to unavoidable reasons, they were unable to undertake the journey as scheduled, which was informed orally, 7 days prior to the date of journey, and through telegram on 28.2.2007. Despite information regarding the cancellation, the opposite party had not cancelled the ticket, and refunded the amount, which should be construed as unfair trade practice, as well as deficiency in service, for which the complainant is entitled to a sum of Rs.50000/- as compensation, in addition to another sum of Rs.40000/- for mental agony, as well as refund of the amount, totaling a sum of Rs.97,945/-. Hence the complaint.3. The opposite parties, admitting the booking of the tickets, questioning the jurisdiction of the forum, resisted the case interalia contending, that if the complainant booked the ticket online, they ought to have cancelled the booking through online, and in this case, automatically the amount would have been credited to the account of the complainant, which they failed, and therefore as such, since there was no deficiency on the part of the opposite parties, they are not liable to pay any amount, much less the amount, claimed by the complainant4. The District Forum, by going through the admitted facts, as well as the information furnished by the complainant regarding the cancellation, felt that the opposite parties have committed negligence, and deficiency in service, in not refunding the air ticket fare, thereby directed the opposite parties to return the sum of Rs.7495/-, as well the further sum of Rs.15000/- for mental agony with cost of RS.1000/-, as per the order dt.28.1.2008, which is impugned in this appeal.5. It is the common case of the parties, that the complainant had booked/purchased 5 flight tickets on 17.2.2007, at Coimbatore through online for the travel on 3.3.2007, from Goa to Bangalore. It is also an admitted fact, that they have cancelled the trip, according to the complainant, when they attempted to inform the cancellation, through online, the system failed to open, and therefore they were unable to get back the money, which was informed orally, not refunded the amount. It is the further case of the complainant, having failed to cancel the booking through online, since failed to open, they have informed the cancellation on 28.2.2007, by sending the telegram, and despite that fact amount was not refunded, though they are legitimately entitled for refund of 85%, less 15% cancellation charges. They have also produced the telegram, which was served upon the opposite party also. Atleast after the telegram was served, they should have cancelled the ticket, returned the amount, which they failed. Thereafter legal notice was issued, and for the notice also, there was no reply, despite the fact, the acknowledgement was signed by the 1st opposite party, as seen from Ex.A6. As seen from the credit card statement also, the amount was not credited, in the account of the complainant, since tickets were purchased by using credit card online. Thus, as rightly recorded by the District Forum, we have no option, except to say that the opposite parties have committed deficiency in service, in not refunding the amount, though tickets were ordered to be cancelled, by issuing telegram, which was to the knowledge of the 1st opposite party. When these facts were projected before us, the learned counsel for the appellant/ opposite party expressed the willingness to pay the ticket amount of Rs.7495/-, and therefore it is unnecessary for us to go in detail, as far as the refund of the said amount is concerned, and as of right the complainant is entitled to the said amount. The complainants have also claimed compensation, and the District Forum has also issued a sum of Rs.15000/-.6. As pointed out by us supra, neither the telegram, nor the legal notice, have not induced the responsibility of the opposite party, and they failed to respond promptly or even belatedly, thereby showing deficiency in service, causing anxiety, mental agony and suffering to some extent to the complainant, for which they should be paid some compensation. Having regard to the facts and circumstances of the case, we are inclined to grant compensation of Rs.5000/-, considering the value of the ticket, and other attending circumstances, confirming the cost, awarded by the District Forum.7. In the result, the appeal is allowed in part, modifying the order of the District Forum in CC.No.356/2007 dt.28.1.2008, directing the opposite parties to pay a compensation of Rs.5000/-, instead of Rs.15000/-, as ordered by the District Forum, otherwise confirming the order of the District Forum as such. There will be no order as to cost in this appeal.;