BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

03^rd DAY OF AUGUST 2015

O R D E R

SRI. P.V SINGRI, PRESIDENT

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) for refund of 50% the air tickets purchased by him amounting to Rs.24,000/- together with cost of proceedings.

2. The brief averments made in the complaint are as under:

The complainant had booked a flight ticket through ‘Make My Trip’ with booking ID-NN230183356655 dated Tuesday, 21 May 2013 for a flight from Bangalore to Kiev through Air Arabia.  The complainant was not able to travel to Kiev on the specified dates.  The complainant called the customer support in Air Arabia, Bangalore before the travel date and enquired about the cancellation process and he was told that if he does not travel on the scheduled date, he can call them on the scheduled date and cancel the tickets but the money will not refunded instead he can made use of it for future travel up to one year.  When the complainant called OP on 11^th August 2013 a day after the date of travel he was told that he should have cancelled the flight ticket 24 hours before the departure of the flight and now he cannot cancel the ticket and no amount whatsoever will be refunded to him.  Neither on the ticket nor on the website of the OP, the terms and conditions of the cancellation are not clearly mentioned.  It is only mentioned that in the event of cancellation of the ticket the money will not be refunded but the customer can make use of the said ticket up to one year from the date of cancellation.  No where it is mentioned that the ticket has to be cancelled 24 hours before the time of the departure.

For the aforesaid reasons, the complainant prays for direction to the OP to refund him 50% of the ticket money amounting to Rs.24,000/- or validate the said ticket for one year as per their terms together with costs of the proceedings.

3. In response to the notice issued, the OP appeared through their advocate and filed version contending in brief as under.

The complainant has approached this Forum suppressing the material facts and without referring to the conditions mentioned on the ticket issued to him as well as the Carriage for Passengers and Baggage Rules and Restrictions applicable in the booking website of this OP.  It is admitted that the complainant had confirmed the ticket bearing PNR No.31035102 from Bangalore – Sharjah - Kiev on 09.08.2013 and return flight on 13.08.2013 from Kiev – Sharjah - Bangalore.  It is false on the part of the complainant to state that he called customer support of Air Arabia, Bangalore before the travel date and informed the passenger for cancellation of the ticket.  It is clearly mentioned in the ‘Make My Trip’ website of flight booking that for any cancellation a cancellation charges applies and the passenger is not entitled to refund of the ticket price but can reuse the ticket as per the rules of airline.  As per the Rules and Restrictions regarding cancellation of ticket on the ticket issued to the complainant itself mentioned that ‘reservations must be modified or cancelled at least 24 hours before local scheduled flight departure time by calling our Air Arabia call centre or by contacting Air Arabia Sales Centers or Appointed Travel Agents in the respective region’.  The copy of the ticket issued to the complainant is produced.  It is further stated in the Rules and Regulations of the Make My Trip website that “there will be no refund for “NO SHOWS”.  The complainant has not turned up for check in on the travel date and it is a clear situation of “NOSHOW” and therefore the OP had taken up on the relevant date with two vacant seats one of which is for complainant which is evident from the statement produced at annexure-2.  The statement of the complainant that he called 11.08.2013 is false and baseless and he has never made such call to the OP.  The OP maintains details of all call details and it can produce before the Court such details.  The complainant having agreed to the Rules and Regulations on ‘Make My Trip’ website as booked the flight tickets and now he cannot claim any refund.  The complainant without following the accepted norms and regulations and without making cancellation his ticket prior to the date of travel as per the Rules, Regulations and Restrictions is bound to suffer the loss, due to his own negligence.  There is no deficiency of service on the part of this OP.  Therefore, the complainant is not entitled for any of the reliefs as prayed.

For the aforesaid reasons, the OP prays for dismissal of the complaint.

4. The complainant filed his affidavit by way of evidence.  The OP also filed their affidavit by way of evidence.

5. Perused the allegations made in the complaint as well as the version of OP, the affidavits filed by both the parties in lieu of oral evidence, documents relied on by both sides and other materials placed on record.

6. The points that arise for our determination in this case are as under:

7. Heard oral submissions submitted by the complainant and perused the written arguments submitted by the OP.

8. Our answer to the above points are as under:

REASONS

9. It is not in dispute that the complainant booked a ticket on 21^st May 2013 through the website of ‘Make My Trip’ for flight from Bangalore to Kiev through Air Arabia.  The complainant was to fly to Kiev from Bangalore via Sharjah on 09.08.2013 and his return journey was on 13.08.2013 through the very same route.  The complainant claims that prior to the date of travel he enquired with Air Arabia at Bangalore regarding the procedure of the cancellation for which he was told that in the event of cancellation he would not get the refund but would be entitled to travel through the said Airlines within one year from the date of the scheduled flight.  To substantiate that he made such enquiry the complainant did not produce any credible oral or documentary evidence.  The OP stoutly denies that the complainant made such any enquiry prior to date of the travel.  The complainant further claims that on the next date of travel date he contacted the OP and was told that he cannot cancel the tickets after the travel date and he should have cancelled flight ticket at least 24 hours prior to the flight departure.  The complainant alleges that he was not at all aware of the actual procedure of cancellation of flight ticket and he was misled by the OP for which he has suffered huge loss.

10. It is contended by the OP that the procedure for cancellation of the ticket provided on the website of Make My Trip.com so also on the Air ticket booked by the said agency Make My Trip.com.  It is contended by the OP as per the terms and conditions of the ticket flight changes, cancellation, modification shall have to be made at least 24 hours prior to the scheduled flight departure by calling the call center of the OP or by contacting Air Arabia sales centers or Appointed Travel Agents within the respected region.  To substantiate its contention, the OP has produced the copy of the Itinerary of official travel document.  A provision has been made in the said documents regarding flight changes & cancellation.  According to the terms and conditions mentioned therein any reservation must be modified or cancelled at least 24 hours before local scheduled flight departure time by calling Air Arabia call centre or by contacting Air Arabia Sales Centers or Appointed as Travel Agents in the respective region.  It is further provided that flight changes are subject to a modification fee plus any difference in fare between the initial booking and the modified booking for which certain fees shall be charged.  Further it has been provided and made clear that Air Arabia does not have a refund policy once the booking if paid for.  It is further provided that a passenger who cancels a flight at least 72 hours prior to the scheduled departure time, a cancellation fee of AED 150 (or equivalent) are applicable or if the cancellation is done within 72 hours prior to the scheduled departure time, a cancellation fee of AED 200 (or equivalent) will be charged per passenger, per sector and Air Arabia will retain the remaining amount as a credit towards a future flight which can be used for travel within one year from the date of payment by the same passenger only.

11. Thus as per the terms and conditions of the flight ticket booked by the complainant any cancellation of the flight ticket has to be done at least 24 hours before the local scheduled departure time by making call to the call center of the OP or by contacting the sales centers of the OP or Appointed Travel Agent in the respective region.  In the instant case on hand the complainant has admitted by himself that he has not cancelled his flight ticket 24 hours prior to the scheduled flight departure time by making necessary call to the concern.

12. Further the complainant is also not entitled to the benefit of making use of the cancelled ticket in a proper manner for his travel within one year from the date of such cancellation by him.  It has been made very clear by the OP that they did not have a refund policy once a confirmed booking is made.  The complainant having aware of the terms and conditions has came before this Forum with untenable prayer.  Under the circumstances, we are of the clear opinion that the complainant is neither entitled to the 50% of the price of the flight ticket nor any compensation nor the cost of this proceedings.  Complainant has also not produced any credible evidence either oral or documentary to substantiate that he made a call to the call centre of the OP on 11.08.2013 for cancellation of the ticket.  As admitted by him in the complaint that he was told that he is not entitled for refund of the ticket amount even in the event of cancellation of the flight ticket as per the procedure laid down by the OP.  Accordingly point Nos.1 & 2 are answered.

13. Point No.3 – For the foregoing reasons, we proceed to pass the following:      

  O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is dismissed.  No order as to costs.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 03^rd day of August 2015)

MEMBER                            MEMBER                    PRESIDENT

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