SMT. RAVI SUSHA: PRESIDENT

            Complainant filed this complaint seeking to get an order directing opposite party to pay total sum of Rs.3,83,731/- with interest at the rate of 12% per annum from the date of petition till realization and the cost of this proceedings to the complainant.

            Facts of the case are that complainant decided to travel to Qatar.  After issuing boarding pass to the complainant for travelling from Kannur to Qatar, OP, declared at 6.10 PM on the travelling day 23/12/2021 inside the airport that she was off loaded from the flight and taken back her boarding pass.  The luggage of the complainant was dropped by the men of OP by affixing the bar code and the complainant proceeded to boarder/ pass port control.  The emigration department at Kannur initially informed her that she will not be able to travel to Qatar due to her emigration clearance required stamp on passport.  But after some rounds of discussions emigration department allowed her to board the flight by stamping ‘Exit/Departed’ on her passport.  Complainant submitted that OP sold her seat to another passenger without informing the matter to the passenger.  She has submitted, for the travelling she had spent Rs.24,547/- as flight ticket charge, Rs.44,184/-, Hotel booking charge for quarantine at Qatar, Rs.5,000/- towards Taxi charge.  The act of OP amounts to unfair trade practice and deficiency in service which caused much mental agony and loss of money to the complainant.  Hence this complaint.

            OP contended that the complainant was not carrying proper documents which would enable her to travel by flight on the date of travel.  It is submitted that the complainant could not fly on the said day since the immigration officer denied the clearance for the complainant and the same was not the decision of the OP.  The averments pertaining to the purchase of tickets is true to the extent that the said ticket was purchased by the complainant.   It is admitted that complainant was carrying 5000 QR since the said amount was produced at the check in counter.  The OP verified the tickets and passport of the complainant and issued her boarding pass.  In the present case, the immigration officer denied the clearance of the complainant and put a cancelled seal on her boarding pass.  Further submitted that when the complainant was about to board the flight, the staff attached to the OP declared that she was off loaded from the flight on 6.10 PM and taken back her boarding pass and informed her that she will not be able to fly on that day is false and hence denied.  It is humbly submitted that the staff of the OP has not role as alleged but the immigrations officer had off loaded the passenger. The averment that the OP without giving ample time or checking with the complainant have cancelled her boarding ticket and sold t her seat to a different person is false.  The OP has not sold the seat of the complainant to any other person.  The act of the OP does not amount to unfair trade practice and deficiency in service.  Hence prayed for the dismissal of complaint with cost.

            Complainant filed her chief affidavit and documents.  Examined as Pw1. Marked Ext.A1 to A5 and Ext.X1 to X3.  Pw1 was subjected to cross-examination for the OP. After that the leaned counsel of complainant argued the matter.

            Complainant’s allegation is that after issuing boarding pass to the complainant for travelling from Kannur to Qatar, OP, declared at 6.10 PM on the travelling day 23/12/2021 inside the airport that she was off loaded from the flight and taken back her boarding pass and informed her that she will not be able to fly on that day. Complainant alleged that OP sold her seat to another passenger without informing the matter to the passenger.  She has submitted, for the travelling she had spent Rs.24,547/- as flight ticket charge, Rs.44,184/-, Hotel booking charge for quarantine at Qatar, Rs.5,000/- towards Taxi charge.

            OP opposed the allegations of the complainant.  OP admitted the scheduled date of travel of the complainant in AIR India  flight and the purchase of flight ticket.  It is submitted that complainant could not travel on the scheduled date 23/12/2021 as the immigration officer denied the clearance of the complainant and it was not the decision of the OP.

            To prove the case complainant submitted Flight ticket (Ext.A2), Ext.A4 RTDCR test done by her, Ext.A3 confirmation letter to travel on 23/12/2021 issued on 15/12/2021.  Ext.A3 shows she had books 2 nights hotel stay at Qatar.  Ext.A5 is the booking cancellation mail.  Ext.X1 to X3 are the documents produced by OP is pursuance of the petition filed by complainant.  Ext.X1 shows cancellation of boarding pass issued by OP. Ext.X2 is the pre-manifest of passenger in the flight dated 23/12/2021.  Ext.X3 is the final manifest of passenger dated 23/12/2021.

            Here from the documents available, it is revealed that the boarding pass was canalled.  There is no evidence that OP had informed to complainant the reason for cancellation of her journey.  In the version OP contended that emigration officer denied the clearance for the complainant and put a cancelled seal on her boarding pass. Ext.X1 also shows that emigration department had cancelled the boarding pass of the complainant.  Since all formalities for the travel of the complainant was arranged by the OP, issued Air ticket and boarding pass also, OP ought to have informed the reason of the cancellation of the boarding pass.  At the evidence time also OP has not given a clarification for the reason of cancellation by emigration department. From the side of OP no oral evidence has been adduced.  Though complainant has taken steps to the Head of the department, Emigration office, Kannur International Airport to produce the record showing the clearance of emigration of the passnegersinflightNo.IX-773 and adduce oral evidence, they sent a reply that it is restricted by their higher authorities.  So complainant tried their best effort to prove her case.  Since OP failed to establish the cause of cancellation of the travel of complainant either due to fault from the side of complainant or else, even after receiving the ticket amount, we are of the view that there is deficiency in service on the part of OP. So OP is liable to returned the amount spent by complainant with compensation.

            In the result complaint is allowed in part.  Opposite party is directed to pay Rs.24,547/-(ticket charge)+Rs.44,184/- hotel booking charge +5,000 taxi charge together with Rs.25,000/- towards compensation and Rs.5,000/- as cost of proceedings of this case.   Opposite parties shall comply the order within 30 days from the date of receipt of the certified copy of this order.  Failing which except cost amount allowed other amount carries interest @9% per annum from the date of order till realization.  Complainant can execute the order as per provision in Consumer Protection Act 2019.

Ext.

A1- Copy of passport

A2- Copy of flight ticket dated 14/12/2021

A3-Copy of e-mail dated 15/12/2021

A4-RTPCR test report copy

A5-Copy of e-mail dated 25/12/2021

X1-Boarding pass

X2-Passenger reservation list

X3-Final conservation of passenger list

Pw1-Afsath Nasser-Complainant

     Sd/                                                                                  Sd/                                                           Sd/

PRESIDENT                                                                  MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

                                                Assistant Registrar