STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA :
At HYDERABAD
FA 684 of 2014
AGAINST
CC No. 212, District Forum II, Hyderabad
Between :
- M/s. Make My Trip ( India) Pvt. Ltd
Having its registered office at UG-7, TDI Mall,
Shivaji Palace complex, Rajouri Garden,
New Delhi 110 027
Corporate office at Tower –A, SP Infocity,
Plot No. 243, Udyog Vihar Phase -1,
Gurgaon – 122 016.
- M/s. Make My Trip ( India) Private Ltd
Having its office at : 103, 1st floor, ABK –OLBEE Plaza
Road No.1, Banjara Hills, Hyderabad – 500 034.
Rep. by its authorized signatory. .. Appellants/opp. parties
and
- Sri Promod Kumar Avti
S/o Shri Mallikarjun, aged about 35 years,
Occ : Employed, R/o 6-3-609/170 and 171, Flat No. 302
Bhagya Enclave, Anand Nagar colony
Khairatabad, Hyderabad (A.P.).
- Mr. A.V. Narasimha Rao,
S/o Shri ( Late ) Balkishan Rao,
Aged about 58 years, Occ : Employed
R/o 6-3-609/170 and 171, Flat No. 302
Bhagya Enclave, Anand Nagar colony
Khairatabad, Hyderabad (A.P.).
- M/s. Kuwait Airlines
Having its branch office at AO-17B
Level-G, Passenger Terminal Building
Rajiv Gandhi International Airport
Shamshabad, Ranga Reddy District
Andhra Pradesh – 501 218 .. Respondents/op.party no.3
Counsel for the Appellants : M/s. Gandham Durga Bose
Counsel for the Respondents : M/s. Siddharth & Co for R1 and R2.
Served through paper publication for R3.
Coram :
Honble Sri Justice B. N. Rao Nalla … President
And
Sri Patil Vithal Rao … Member
Monday, the Fourth Day of June
Two Thousand Eighteen
Oral order : ( per Hon’ ble Sri Justice B.N.Rao Nalla, Hon’ble President )
***
1) This is an appeal filed under Section 15 of the Consumer Protection Act by the opposite parties 1 and 2 praying this Commission to set aside the impugned order dated 30.01.2014 made in CC. 212 of 2012 on the file of the DISTRICT FORUM II, Hyderabad.
2) For the sake of convenience, the parties are described as arrayed in the complaint before the District Forum.
3). The case of the complainant, in brief, is that the complainant no.1 through the second complainant purchased Air Ticket under booking ID “ IL11110B12192 ” on 22.10.2012 to travel from New York (JFK) International Airport to Mumbai on 05.01.2012 from the opposite party no.1 by paying an amount of Rs.38,500/-. When he entered the New York (JFK) International Air Port, the personnel of the opposite party no.3 at check-in counter refused to issue the Boarding pass, did not allow him to travel on the ground that he does not possess valid VISA and the said travel schedule was meant for attending an International Seminar wherein he was being awarded as Young Scientist Award. Hence he had to procure another Air Ticket to fly immediately from Qatar Airlines on payment of $ 1200 which is a higher side amount paid by him under that situation. The opposite parties did not raise any objection at the time of issuance of ticket nor any time before commencement of journey, i.e, on 05.01.2012. He informed the first opposite party about the said incident through e-mail on 05.01.2012, representation on 12.01.2012 and legal notice on 27.02.2012, but there was no response, which amounts to deficiency in service. Hence the complaint to direct the opposite parties to pay an amount of Rs.$120 or INR 60,000/- to him towards cost of the ticket together with interest @ 12% pa, to pay Rs. One lakh towards compensation for mental agony and costs.
4). The opposite parties 1 and 2 opposed the above complaint by way of written version, while admitting purchase of ticket in question, contending that they liability is only with regard to valid and confirmed Air Tickets and they have discharged their obligations after getting information from the complainant verbally that he possessed valid visa. Having possession of a valid Visa is the traveller’s responsibility, hence they cannot be held responsible for the act of the third opposite party for not allowing him to board on the flight. However, he did not disclose that he had only extension letter and not the VISA. After receiving e-mail on 06.01.2012 alleging that the third opposite party did not allow the first complainant to board on the flight on 05.01.2012, they contacted the third opposite party and after investigation, they came to know that the VISA endorsed on his pass port has been expired in 2009. The opposite party no. 3 made refund of a sum of Rs.25,140/- after deducing cancellation and other charges, which, they sent through DD No. 308430. There is no deficiency in service on their part. Hence prayed to dismiss the complaint.
5). The third opposite party was called absent.
6). During the course of enquiry before the District Forum, in order to prove his case, the complainant filed his evidence affidavit and got marked Ex.A1 to A8. The opposite parties 1 and 2 filed evidence affidavit and got marked Ex. B1 to B11. Both sides filed their respective written arguments. Heard.
7) The District Forum, after considering the material available on record, held and directed the opposite parties 1 and 2 to pay a sum of Rs.34,860/-, to pay compensation of Rs.5,000/- towards mental agony and costs of Rs.2,000/-.
8) Aggrieved by the said order, the opposite parties 1 and 2 preferred this appeal before this Commission.
9). Both sides have advanced their arguments reiterating the contents in the grounds of appeal, rebuttal thereof, along with written arguments filed on behalf of the appellants. The third respondent/3rd opposite party served through paper publication.
10) The points that arise for consideration are,
(i) Whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner?
(ii) To what relief ?
11). Point No. 1 :
There is no dispute that the first respondent/ complainant no.1 through the second respondent/complainant purchased Air Ticket under booking ID “ IL11110B12192 ” on 22.10.2012 to travel from New York (JFK) International Airport to Mumbai on 05.01.2012 from the appellants/opposite parties 1 and 2 by paying an amount of Rs.38,500/-. There is also no dispute that the authorities of the third respondent/3rd opposite party did not allow the first respondent/1st complainant to board on the flight on 05.01.2012 on the ground of NO VALID VISA. There is also no dispute that the first respondent/first complainant purchased another Air ticket to fly immediately from Qatar Airlines on payment of $ 1200 or INR 60,000/-. There is no dispute that the first respondent/first complainant made e-mail to the appellants and they contacted the third respondent Airlines, which, returned an amount of Rs.25,140/-after deducting cancellation and other charges and credited the same to the account of the second respondent/second opposite party.
12). Now, the point to be determined is, whether the Air Tickets have to be sold on the basis of the Valid Pass port and VISA with the traveler or not. The terms and conditions for purchase of a ticket are shown below :
If you are flying internationally (e.g., you are traveling to another country), then you will need to show your U.S. passport to purchase the ticket.
When the confirmed tickets were obtained, the first respondent/complainant thought there is no hurdle for him to travel in the said flight,but, the respondent No.3 airlines as the first respondent/complainant did not possess the valid passport and Visa and hence there is no deficiency in service on the part of the 3rd respondent Airlines as opined by the District Forum. Since the first respondent/complainant had to purchase another ticket to fly immediately from Qatar Airlines on payment of higher amount because of the non-checking of the passport and Visa at the time of selling of ticket which amounts to deficiency in service. In view of the fact, we do not find any irregularity in the impugned order.
13) After considering the foregoing facts and circumstances and also having regard to the contentions raised on both sides, this Commission is of the view that there are no merits in the appeal and it is liable to be dismissed.
14). Point No. 2 :
In the result, the appeal is dismissed confirming the impugned order dated 30.01.2014 made in CC. 212 of 2012 on the file of the DISTRICT FORUM II, Hyderabad. There shall be no order as to costs. Time for compliance four weeks.
PRESIDENT MEMBER Dated : 04.06.2018.
