| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 207 of 1.6.2017 Decided on: 23.7.2021 Sandeep Walia, Advocate, aged about 40 years, resident of House No.5-D, Hira Nagar, Patiala. …………...Complainant Versus Achin Travels, Shop No.3, Near Saggu Marbles, Backside City Plaza Market, Sheran Wala Gate, Patiala through its Proprietor. …………Opposite Party Complaint under the Consumer Protection Act QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Sh.Sunil K.Verma, counsel for the complainant. Sh.R.C.Sharma, counsel for the Opposite party. ORDER JASJIT SINGH BHINDER, PRESIDENT - This is the complaint filed by Sandeep Walia (hereinafter referred to as the complainant) against Achin Travels (hereinafter referred to as the OP/s).
- The brief facts of the case are that the complainant booked and purchased four tickets for travelling from Delhi to Ahmadabad for four persons namely Deepak Walia, Sandeep Walia (complainant himself), Puneet Sharma and Rajesh Kumar and paid Rs.9092/- to the OP who issued four tickets and also assured that all the tickets are confirmed . It is averred that when they reached at Delhi Airport by hiring a car on 11.4.2017 and reached before 2 hours of departure flight, they came to know that the tickets are not confirmed and no seat is reserved for the complainant and his companions as a result of which they were forced to book another four tickets of Indigo Airlines from Delhi to Ahmadabad and paid an excess amount of Rs.19664/- due to wrongful and negligent act of the OP. It is further averred that the complainant got served a legal notice dated 3.5.2017 upon the OP with the request to return the amount of Rs.9092/- and also to pay excess amount of Rs.19664/- and also to pay compensation to the tune of Rs.50,000/- in response to which the OP sent a vague reply dated 4.5.2017 and also refused to refund the amount. There is thus deficiency in service and unfair trade practice on the part of the OP which caused mental agony and physical harassment to the complainant. Hence this complaint with the prayer for giving direction to the OP to refund the amount of Rs.9092/- and also to pay difference of amount between Rs.19664/- and Rs.9092/- i.e. Rs.10572/-; to pay Rs.50,000/- as compensation and Rs.10,000/- as litigation expenses.
- Upon notice OP appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complaint is not maintainable and that the complainant has not approached the Forum with clean hands.
- On merits, it is admitted that the complainant purchased four tickets. It is submitted that the complainant has to board the flight from terminal No.3.It is pleaded that the tickets issued to the complainant were confirmed tickets. It is further submitted that the complainant and his companions did not reach at terminal no. 3 to board the flight. It is further pleaded that the reply to the legal notice was duly given. There is no deficiency in service or mal practice on the part of the OP. After denying all other averments, the OP prayed for the dismissal of the complaint.
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C5 and closed the evidence.
- On the other hand, the ld. counsel for the OP has tendered in evidence Ex.OPA affidavit of Achin Singla alongwith documents Exs.OP1 to OP4 and closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant has booked and purchased four tickets for travelling from Delhi to Ahmadabad through Air India. The ld. counsel further argued that it was assured by the OP that all the tickets were confirmed tickets but when they reached at Delhi Airport they found that the tickets were not confirmed and they had to buy another four tickets by paying excess amount of Rs.19664/-.The ld. counsel further argued that they have suffered loss as they have to purchase tickets at high rate. So amount of Rs.9092/- given for Air India and difference of Rs.19664/- be refunded.
- On the other hand, the ld. counsel for the OP has argued that the tickets issued by them were duly confirmed and the complainant has to board the flight from Terminal 3 at New Delhi Airport but the complainant did not reach terminal 3 to board the flight. The ld. counsel further argued that as complainant never reached in time so they are not to blame the OP. The ld. counsel further argued that there is certificate of Air India that there was “no show” which shows that the passenger never appeared before the counter of Air India for boarding, so complaint be dismissed.
- To prove this case Sh.Sandeep Walia, has tendered his affidavit,Ex.CA and he has deposed as per his complaint, Ex.C1 is copy of four tickets of four persons namely Deepak Walia, Sandeep Walia, Puneet Sharma and Rajeev Kumar from Delhi to Ahmedabad and they have to board the flight from terminal 3 from New Delhi Airport and total amount of four tickets was Rs.9092/-,Ex.C2 is the new ticket from Delhi Airport on the same day for Rs.19664/-.Ex.C3 is legal notice, Ex.C4 is postal receipt, Ex.C5 is reply to legal notice.
- On behalf of the OP Sh.Achin Singla, has tendered his affidavit, Ex.OPA and he has deposed as per the written statement,Ex.OP1 is reply to legal notice,Ex.OP3 is certificate of Air India,Ex.OP4 is also document of Air India.
- As per the allegations of the complainant he booked and purchased four tickets for travelling from Delhi to Ahmedabad for four persons namely Deepak Walia, Sandeep Walia, Puneet Sharma and Rajeev Kumar and paid Rs.9092/- to the OP. It is pleaded that when they reached on 11.4.2017 at the airport to board the flight they found that the tickets were not confirmed .
- On the other hand, it is the defense of the OP that the flight of the complainant was from Terminal 3 from New Delhi airport but they never reached at Terminal 3.
- Ex.C1 are the four tickets in the names of Deepak Walia, Sandeep Walia, Puneet Sharma and Rajeev Kumar dated 11.4.2017 and terminal 3 is mentioned and amount of Rs.9092/- was charged.Ex.C2 is the ticket of Indigo for four persons vide which the complainant purchased the same. Legal notice was sent by the complainant and in the reply,Ex.C5 given by the OP it is stated that these tickets were confirmed and they can confirm or get certificate regarding status of tickets at the time of boarding from Air India office.Ex.OP3 is the certificate of Air India in which it is stated that “As per PNR history PSGR JRNY stand ‘No Show”.
- So it is clear that as per record of Air India, these four persons never reached in time to board the flight from Delhi to Ahemdabad. It is mentioned in Ex.OP3 that for domestic flight a person has to reach 45 minutes before departure.Ex.OP4 is also document of Air India. So it is clear that confirmed tickets were supplied to the complainant by the OP and other three persons and the document Ex.C5 of the OP is on the file. There is no document on the file that some fraud was played by the OP and non confirmed tickets were supplied to them. As already stated above, as per the document of Air India,Ex.OP3, the passengers were not shown which means that they never appeared at the counter of Air India for boarding the flight. So by taking the document Ex.OP3 of Air India, it is clear that the confirmed tickets were given but for the reasons best known to the complainant they could not catch the flight and there is no fault of the OP in the present case as Air India record show new passenger no show. So the complaint is dismissed. Parties are to bear their own costs.
ANNOUNCED DATED:23.7.2021 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
