Bangalore District Court
Sri. Ashok Kumar vs Padmanabha Puttanna on 28 April, 2015
BEFORE Ist ADDL. JUDGE, COURT OF SMALL CAUSES, BANGALORE.
(SCCH-11)
DATED THIS 28th DAY OF APRIL, 2015
PRESENT: SRI. GANAPATI GURUSIDDA BADAMI, B.A,,LL.B (SPL).
I ADDL.SMALL CAUSES JUDGE & XXVII ACMM
SC.532/2013
PLAINTIFF: Sri. Ashok Kumar,
S/o B. Shivalingappa,
Aged about 51 Years,
No.61, 3rd Block,
4th Stage, 7th Main,
Basaveshwaranagar,
West of Chord Road,
Bangalore-560 079.
(By pleader - Sri.A.B.Harish)
- V/S -
DEFENDANTS: 1. Padmanabha Puttanna,
S/o Puttanna,
Aged about 62 Years,
No.73, BCC Layout,
4th Cross, Vijayanagar,
Bangalore-560 040.
2. Smt. Sujatha,
W/o. Puttanna Padmanabha,
Aged about 51 Years,
No.73, BCC Layout,
4th Cross, Vijayanagar,
Bangalore-560 040.
(By pleader for Defendant No.1 & 2-
Sri.D.Hanumantharayappa)
2 SC 532/2013(SCCH-11)
JUDGMENT
Plaintiff has filed this suit against the defendants seeking the relief for recovery of money.
2) It is averred in the plaint that, the defendants were introduced to the plaintiff through Sri. Ashwathappa Narayanappa, who travelled along with the plaintiff to the various countries, that is USA, Europe, Newzeland, Singapore, Malaysia, Thailand and other places by booking Airtickets and accommodation on their own. Ashwathappa Narayanappa knew that, the plaintiff has knowledge about booking air tickets and accommodation at various countries, which is usual practice and procedure not only to book AIR tickets and also accommodation. During November and December 2011, the defendants along with Sri. Ashwathappa Narayanappa approached the plaintiff and held that, they along with their friends and family members have passports and all of them are interested and inclined to go to Malaysia, Thailand, Hongkong and China on tour and requested the plaintiff to help them to getting booked AIR ticket to the said countries and accommodations at the aforesaid places to them and their friends and family members. The 3 SC 532/2013(SCCH-11) defendants and their friends handed over the copies of their passport. The passport number of the defendant No.1 is No.G0745550 and the passport number of the defendant No.2 is G0745751. The defendant No.1 and 2 agreed to pay the balance amount within a week towards the amount payable to the booking of air tickets and accommodation at the places mentioned above. By believing the words of defendants, plaintiff by using the credit card facilities under the credit card bearing No.4412851057216004 and 4006676174507536. The Plaintiff brought to the notice of the defendants about the cost of air tickets, accommodation, service charges and other incidental charges. The air tickets booking number of the defendants is U5Y9YV, PBB1QQ, NY7N2Q and X8EQ6J. The accommodation booked through above said credit card number and also through 4629864032772016 through Expedia.com. After getting booked AIR tickets and accommodation facility to the defendants, plaintiff handed over the set copies and requested them to pay the balance amount. The plaintiff approached the defendants on several occasions and requested them to pay the said amount along with accrued interest. But, the defendant has not paid the amount to the plaintiff. The plaintiff issued legal notice to the defendant on 4 SC 532/2013(SCCH-11) 02.03.2012 calling upon them to pay the arrears amount and defendants received the notice and given untenanble reply on 13.03.2012. After verification, plaintiff came to know that, the defendants without the knowledge of the plaintiff, the defendants collected the boarding pass and now travelled the aforesaid places, using the same AIR tickets booked. It is also contended that, notice of the defendants and made accommodation facility once booked cannot be changed or cancelled. However, except Hotel Holiday in Express Beijing Temple of Heaven in Beijing and in Shanghai Hotel Holiday Investigation Express Shanghai Zhabei, the plaintiff was able to get cancelled the accommodation booked at Malaysia and Thailand. All the accommodations were booked in the name of the defendants only at their instance and the defendants are liable to pay the balance amount of Rs.1,446/-, hence plaintiff has claimed balance amount along with interest with total amount of Rs.4,895/-.
3) The defendant No.1 and 2 have appeared through their counsel and filed their written statement and denied the contents of the plaint. It is contended that, the plaintiff has represented to Sri. Ashwathappa Narayanappa that there is an offer in Air Asia travel to the above said countries and Sri. Ashwathnarayan Nayayanappa has 5 SC 532/2013(SCCH-11) introduced about 24 persons to the plaintiff including the defendants with a good intention and all of them are senior citizens. At the time of handing over the passport, the defendants and their friends have enquired with the plaintiff with regard to the charges of the air tickets to travel to the above said countries and the plaintiff has represented that the approximate cost will be Rs.30,000/- for booking of air tickets to the above said countries and accordingly the defendants have paid Rs.60,000/- to the plaintiff to book the air tickets for the defendants. But the plaintiff has booked incomplete air tickets and he has not prescriptions-purchased sufficient luggage charges and train tickets from Honkong to Beijing and from Beijing to Shanghai. Infact the plaintiff has spent around 25,000/- to the person. The defendants have made their own arrangements with the assistants of the Chariot World Tours Limited, for which they have incurred extra expenditure. As such, the defendants are not liable to pay any amount to the plaintiff as alleged by him. Infact the plaintiff is liable to pay the damages for having caused sever mental agony and inconvenience. The defendants have admitted their passport numbers as stated in the plaint. The defendants never asked the plaintiff to book the accommodation at any point of time 6 SC 532/2013(SCCH-11) as alleged by him. The defendants have paid sum of Rs.60,000/- by way of cheque bearing No.746, Corporation Bank, Nagarabhavi Branch, Bangalore, to the plaintiff to book the air ticket for them and the allegation with regard to using of credit card facility is baseless and meaningless, but the plaintiff has filed the above false suit with a malafide intention to extract money from the defendants without any valid and effective driving licence reasons to enrich and to cause wrongful loss to the defendants. The defendants have never requested the plaintiff to book the accommodation at any point of time, even though the plaintiff has falsely represented that the defendants have requested him to book the accommodation. Infact, when the defendants along with their friends approached the plaintiff for booking of the AIR tickets, he has represented that, due to close friendship with Sri. Ashwathnarayan Narayanappa, he is not going to charge any service charges towards booking air tickets, since the plaintiff is not an agent not having any agency, believing the sweet words of the plaintiff, the defendants and their friends have paid lakhs of rupees to him. Taking undue advantage of the situation and also the innocence and the old age of the defendants, the plaintiff trying to extract an exorbitant amount from them and their 7 SC 532/2013(SCCH-11) friends about 22 persons with a false representation, which act of the plaintiff is illegal and unethical, which is an intentional one to have a wrongful gain for himself and to cause wrongful loss to the defendants. The defendants never requested the plaintiff to book accommodation and plaintiff never represented with regard to service charges and other incidental charges except the charges towards booking of air tickets. The defendants submitted that, the plaintiff has handed over only the air tickets. The tickets booked by the plaintiff are incomplete and has not prescriptions-purchased sufficient luggage charge tickets and train tickets from Honkong to Beijing and Beijing to Shanghai. Infact the plaintiff has spent amount Rs.25,000/- per person and defendants have made their own arrangements for accommodation and other travelling facilities with the assistants of the Chariot World tours Limited for which he has incurred extra expenditure. The plaintiff has not give any paper towards accommodation to the defendants and the question of accommodation charges by the plaintiff does not arise at all. The plaintiffs never approached the defendants at any point of time and they are not liable to pay any amount.
8 SC 532/2013(SCCH-11)
4) Plaintiff himself examined as PW.1 and got marked Ex.P.1 to 22 and closed the evidence. The defendant No.1 himself examined as DW.1 and also examined Sr.Ashwath Narayana, s/o. Narayanappa and M.Venkatachalaiah, S/o. Late Marappa as DW.2 and 3 and got marked Ex.D.1 and closed the evidence.
5) Heard the arguments of the learned counsel for plaintiff and learned counsel for defendants and perused the evidence on record.
6) The points arise for my consideration is :
1. Whether plaintiff proves that, he booked air ticket, accommodation and luggage charges for the tour of the defendants to Malaysia, Hongkong, Thailand and China and defendants are liable to pay accommodation and luggage charges which is not paid by them, inspite of issuing legal notice?
2. Whether plaintiff is entitled for relief of recovery of money as prayed in the plaint? If so, what is the rate of interest?
3. What order or decree?
7) My findings on the above points are as under:
Point No.1: Affirmative;
Point No.2: Partly affirmative; Point No.3: As per final order for the following :
9 SC 532/2013(SCCH-11) REASONS
8) POINT No.1:- As per the evidence of PW.1 in the month of November and December 2011, he booked air ticket and accommodation for the tour of the defendants and their family members to Malaysia, Thailand, Hongkong and China and they had paid Rs.60,000/- towards booking of air tickets and they have not paid amount towards booking of accommodation charges.
9) As per the evidence of defendants, the plaintiff had only booked air ticket for their travel to the Malaysia, Thailand, Hongkong and china and they booked their accommodation through Chariot World Tours Limited and they are not liable to pay any amount to the plaintiff.
10) It is the contention of the learned counsel for plaintiff that, the defendants approached the plaintiff along with Sri.Ashwathappa Narayana and requested him to book the air ticket to travel abroad to the Malaysia, Thailand, Hongkong and china and the plaintiff told them that, air ticket charges will be Rs.60,000/- and they paid only air ticket charges. He has 10 SC 532/2013(SCCH-11) submitted that, the plaintiff booked air ticket of defendants by using credit card of himself and his wife and to that effect, plaintiff has produced bank statement which clearly indicate about booking of air ticket of defendants by using the credit card of plaintiff and his family members. He has also submitted that, the plaintiff booked Citrus Hotel, Kuala Lumpur and also booked Hotel Holiday Inn Express through Expedia.Com and said amount is not paid by the defendants even though they availed the accommodation made by the plaintiff . He has submitted that, plaintiff issued legal notice to the defendants which is served upon them and inspite of the same, the defendants have not paid the said amount. Therefore, he prayed for decreeing the suit.
11) The learned counsel for defendants has submitted that, the plaintiff had booked only air ticket and the defendants had not told to the plaintiff to book accommodation and the defendants have made their own arrangements towards booking of accommodation through Chariot world Tours Limited and the plaintiff had not booked Bullet Train and luggage charges and all expenses are borne by the defendants and there is no due amount 11 SC 532/2013(SCCH-11) from the defendants. He has also submitted that, there was no any contract or any agreement for charging any interest and suit is not sustainable and liable to be dismissed.
12) On perusal of the evidence adduced by the both parties, it is not in dispute that, the defendants approached the plaintiff through Sri.Ashwathappa Narayanappa for booking air ticket to go on tour abroad. On perusal of the evidence on record, DW.3 admitted in his cross-examination that, he had also gone to the tour along with plaintiff and defendants and 12 persons met the plaintiff in the house of Sri.Ashwathappa Narayanappa and discussed about tour along with plaintiff. He has stated in his cross-examination that, defendant No.1 and 2 paid Rs.60,000/- to the plaintiff . DW.2 admitted in his cross-examination that, he had gone on tour on the ticket booked by the plaintiff for 2 -3 times and he had gone on tour previously for 3 - 4 times on the ticket booking and accommodation made by the plaintiff. He has stated in his cross-examination that, he had gone along with defendant No.1 and 2 at the time of booking ticket for them. He admitted that, he had gone on tour on the same day when the defendant No.1 and 2 12 SC 532/2013(SCCH-11) had gone. DW.1 has also stated in his evidence that, he had gone tour on Malaysia, Thailand, Hongkong and China.
13) On perusal of the evidence of PW.1, and DW.1 to 3 , it reveals that, the defendants and others had gone on tour on the air ticket booked by the plaintiff .The plaintiff has produced Ex.P.12 and as per the said document, air ticket booked in the name of Govindaiah Anupahalli Hanumanthappa, Rekha Narayanaswamy.N, Vekappa Kittali , Manjula Kittali , Annapoornamma under booking No. OYZYYG on 17.12.2011 and the date of departure from Bangalore fixed on 18.4.2012 through flight No. AK 1212. The plaintiff has produced Ex.P.13 and as per the said document, air ticket booked in the name of Govindaiah Anupahalli Hanumanthappa, Rekha Narayanaswamy.N, Vekappa Kittali , Manjula Kittali , Annapoornamma under booking No. N88HTZ on 17.12.2011 and the date of departure from Kaula Lampur to Hongkong fixed on 21.4.2012 through flight No. AK 824. The plaintiff has produced Ex.P.14 and as per the said document, air ticket booked in the name of Govindaiah Anupahalli Hanumanthappa, Rekha Narayanaswamy.N, Vekappa Kittali , Manjula Kittali , Annapoornamma under booking 13 SC 532/2013(SCCH-11) No. AYJ9YQ on 13.12.2011 and the date of departure from Bangalore fixed on 24.4.2012 through flight No. FD 3924 from HKT to Hong Kong. The plaintiff has produced Ex.P.15 and as per the said document, air ticket booked in the name of Govindaiah Anupahalli Hanumanthappa, Rekha Narayanaswamy.N, Vekappa Kittali, Manjula Kittali , Annapoornamma under booking No. ACKQJX on 13.12.2011 and the date of departure from HGH to Kaula Lampur fixed on 1.5.2012 through flight No. HD307 and from Kaula Lampur to MAA on 2.5.2012.
14) The plaintiff has produced credit card statement of Indus Ind Bank which is marked as Ex.P.4 and as per the said document, the plaintiff booked air ticket on 17.12.2011 for Rs.35,560/-. He has also produced Ex.P.5 which is the accommodation confirmation letter of Holiday Inn Express Hotel, Shanghai and the said hotel was booked in the name of Hanumanthappa and Govindaiah for the period 29.4.2012 to 2.5.2012. The plaintiff has also produced Ex.P.6 and 7 about booking of accommodation in hotel Holiday Inn Express, Shanghai. He has also produced credit card statement of Indus Ind Bank 14 SC 532/2013(SCCH-11) which is marked Ex.P.8 and as per the said document, the plaintiff booked air ticket on 21.12.2011. He has produced Ex.P.9 which is credit card statement of ICICI Bank towards booking of air tickets. He has produced credit card statement of State Bank of India standing in the name of Pooja Shyam for having booked air ticket of Air Asia by using credit card of his wife. The plaintiff has also produced booking confirmation letter of Hotel Holiday Inn Express booked in the name of Vekatappa Kittalli, Venkatachalaiah Marappa, Chikke Gowda Muddegowda, Govindaiah Hanumanthappa, Ashwathanarayappa and Jaganath narasimhaiah in whose name , six standard rooms booked under confirmation No.659558741, No.65958732, No.659558730, No.659558737, No.659558738 and No.659558731. The plaintiff has also produced Ex.P.17 and 18 and as per the Ex.P.18 Citrus Heights Patong Phuket booked for the period from 21.4.2012 to 24.4.2012 and as per Ex.P.19, Citrus Hotel, Kuala Lumpur booked for the period from 18.4.2012. Even as per Ex.P.21 and 22, 8 rooms were booked in the name of above said persons in Hotel Holiday Inn Express.
15 SC 532/2013(SCCH-11)
15) On perusal of the evidence on record, it is not in dispute that, the defendants had gone on tour along with their family members and friends to Hongkong, Malaysia, Thailand and China on the air ticket booked by the plaintiff. In case, the defendants had not told to the plaintiff to book accommodation and luggage charges, then question arises for my consideration is, whether defendants had booked accommodation and luggage charges at their own costs?. In case, they had booked accommodation and luggage charges at their costs, they will have receipts or booked tickets in their possession and they were not having any impediment to produce the same and prove that, they had not told to the plaintiff to book air tickets and accommodation. Even they would have adduced the evidence of authority who booked accommodation through Chariot World Tours Limited or they would have examined booking agent of Chariot World Tours Limited to show that, they had booked the accommodation ticket through said agency and enjoyed the tour and they had not availed services of plaintiff for booking accommodation. In case, the defendants had not told to the plaintiff to book accommodation , 16 SC 532/2013(SCCH-11) what was the need for the plaintiff to book accommodation by spending his own money. The defendants have not placed any receipts about payment of accommodation charges to any hotel authorities for having booked accommodation or they have not adduced the evidence of booking agency about booking of accommodation through Chariot World Tours Limited. In case, they had booked accommodation and availed the accommodation facility, they would have disclosed the name of Hotel, date and period of stay, the cost of hotel accommodation either in the oral evidence or in the cross-examination of PW.1 but, no such materials are placed on record by the defendants. This goes to show that, they have taken evade their liability. So, I hold that, the contention of defendants is not acceptable. Plaintiff has proved that, the defendants have booked accommodation through him and utilized the service. So, I answer point No.1 in affirmative.
16) POINT No.2:- The plaintiff has claimed accommodation charges for 11 nights and balance air ticket booking amount of Rs.10,000/- in the legal notice and he has claimed Rs.4,895/- in the suit including interest and legal notice charges.
17 SC 532/2013(SCCH-11) As per the averments of the plaint, there is balance of Rs.4,895/- and he has claimed interest at the rate of 18%. But the rate of interest claimed by the plaintiff is too exorbitant. So, I feel it just and proper to award interest at the rate of 9% per annum from the date of suit till realisation. so, I answered Point No.2 in partly affirmative.
17) POINT No.3:- For the reasons discussed above I proceed to pass the following :
ORDER Suit of the plaintiff is partly decreed with costs. Plaintiff is entitled to recover Rs.4,895/- along with interest at the rate of 9% from the date of suit till its realisation from the defendants.
The defendants shall pay said amount in two equal installments within two months from date of decree.
Draw decree accordingly.
(Typed to my dictation by the Stenographer, corrected by me, then pronounced in Open court on this the 28th day of April, 2015.) (GANAPATI GURUSIDDA BADAMI) I ADDL.SMALL CAUSES JUDGE & XXVII ACMM
18 SC 532/2013(SCCH-11) A N N E X U R E LIST OF WITNESS EXAMINED ON BEHALF OF PLAINTIFF:
PW.1 - Ashok Kumar.S LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENDANTS:
DW.1 - Govindaiah DW.2 - Ashwathanarayana DW.3 - M.Venkatachalaiah
LIST OF EXHIBITS MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 - Office copy of notice
Ex.P.2 - Reply to the notice
Ex.P.3 - Accommodation confirmation letter
Ex.P.4 - Statement of SBI Card
Ex.P.5 - Booking confirmation letter
Ex.P.6 - Booking Confirmation letter
Ex.P.7 - Certificate of cancellation of booking
Ex.P.8 - Certificate of cancellation of booking
Ex.P.9 - Statement of IndusInd Bank
Ex.P.10- Statement of credit card ICICI Bank
Ex.P.11- Statement of credit card of SBI Bank
Ex.P.12- Confirmation letter
Ex.P.13- Confirmation letter
Ex.P.14-17 4 confirmation letters
Ex.P.18- Confirmation letter
19 SC 532/2013(SCCH-11)
Ex.P.19- Confirmation letter
Ex.P.20- Statement of credit card
Ex.P.21 & 22-Cetified copy of Hotel booking tickets. LIST OF EXHIBITS MARKED ON BEHALF OF DEFENDANTS:
Ex.D.1 - Details of tour program
I ADDL.SMALL CAUSES JUDGE & XXVII ACMM
20 SC 532/2013(SCCH-11)
ANNEXURE
LIST OF WITNESS EXAMINED ON BEHALF OF PLAINTIFF:
PW.1 - Sri. Selvakumar S/o Sri Umapathy LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENDANTS:
NIL LIST OF EXHIBITS MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 - Loan application submitted by defendant. Ex.P.2 - Loan sanction intimation. Ex.P.3 - Agreement of Term Loan Ex.P.4 - Hypothecation Deed for vehicles Ex.P.5 - Authority letter executed by the defendant Ex.P.6 - Consent letter executed by defendant Ex.P.7 - Letter of undertaking executed by defendant Ex.P.8 - Declaration of defendant Ex.P.9 - Office copy of legal notice issued to the defendant Ex.P.10- On demand promissory note Ex.P.11- Take delivery letter executed by the defendant Ex.P.12- Loan account extract of defendant LIST OF EXHIBITS MARKED ON BEHALF OF DEFENDANTS:
-- NIL ---
I ADDL.SMALL CAUSES JUDGE & XXVII ACMM