By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
On 17/12/2018, complainant booked a flight ticket from second opposite party
for attending Asia World Model, the United Nations II Programme in Bangkok, Thailand as a Delegate of International Organization for Migration which was held on 30/01/2019 to 02/02/2019. Hence he booked the flight ticket to travel from Cochin to Bangkok through first opposite party and for getting confirmation and clarification from first opposite party, he made a call to their customer care support on 07/01/2019 at about 9.00 pm. Then the first opposite party's customer care informed the complainant that the Bangkok Airport was closed due to Airport maintenance from January 30th to 2nd February and they also informed the complainant that the flight was cancelled due to the above stated reasons. Thereafter they informed the complainant that either complainant can get the refund of ticket fare or to postpone complainant’s ticket after February second. But complainant has to attend Asian world Model United Nations programme which commences from 30/01/2019 and ends on 02/02/2019.
2. Hence complainant booked another flight ticket having high cost to travel from Cochin to Calcutta and then Calcutta to Bangkok which was also a connected flight and took more than 12 hours to reach Bangkok. After reaching Bangkok complainant came to know that the first opposite party’s flight which he had booked to travel from cochin to Bangkok has operated without any fail and the information he had received from the customer care of opposite party No.1 was wrong. Then complainant had sent an email to first opposite party stating his dissatisfaction and the difficulties he had faced in his journey. But the first opposite party had checked and replied the email of complainant only on 20/08/2019 and they accepted and admitted that it was the fault of their customer care and they promised the complainant that they will give the full refund of the amount to complainant within 30 days and they directed the complainant to contact the second opposite party for the refund of the amount.
3. Thereafter complainant approached the second opposite party for the refund of the amount, but they directed the complainant to contact first opposite party directly. Even after sending several emails to the first opposite party there was no satisfactory reply received from them by complainant. Hence both opposite parties committed unfair trade practice and deficiency in service. Due to the negligent act of opposite parties, complainant had suffered mental agony, hardship and sufferings. Hence this complaint.
4. The prayer of the complainant is that, he is entitled to get Rs. 9,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 50,000/- as cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of chief examination and the documents he produced were marked as Ext. A1 to A7. Ext.A1 is the digital copy of Air Asia flight ticket dated 17/12/2018. Ext.A2 is the digital copy of Indigo Airlines flight ticket dated 29/01/2019. Ext.A3 is the printout of email sent by complainant to the first opposite party. Ext.A4 is the printout of email send by opposite party No.1 to the complainant dated 20/08/2019. Ext. A5 is the digital copy of Acceptance letter from Asia World Model United Nations to the complainant. Ext.A6 is the copy of certificate of appreciation from Asia World Model United Nations to the complainant. Ext.A7 is the copy of driving licence of complainant.
7. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced seven documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
8. We allow this complaint as follows:-
- The opposite parties are directed to pay compensation of Rs.1,00,000/- (Rupees One lakh only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs. 25,000/-(Rupees Twenty five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 11th day of April , 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A7
Ext.A1 : Digital copy of Air Asia flight ticket dated 17/12/2018.
Ext.A2: Digital copy of Indigo Airlines flight ticket dated 29/01/2019.
Ext.A3 : Printout of email sent by complainant to the first opposite party.
Ext.A4 : Printout of email send by opposite party No.1 to the complainant dated
20/08/2019.
Ext. A5: Digital copy of Acceptance letter from Asia World Model United Nations to
the complainant.
Ext.A6: Copy of certificate of appreciation from Asia World Model United Nations to
the complainant.
Ext.A7 : Copy of driving licence of complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
