IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 31th day of December, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member,
Sri. K.M. Anto, Member
C C No.155/21 (filed on 24-08-2021)
Petitioner : Eapen Varughese,
S/o K.V. Eapen,
Kalapurackal House,
Muttambalam P.O.,
Kottayam.
(Adv. Jayakrishnan R.)
Vs.
Opposite parties : Air India Express,
Gandhi Square, Durbar hall Road,
Opposite D H Ground, Kochi,
Kerala 682016
represented by its General Manager.
O R D E R
Sri. Manulal V.S. President
Filed under Section 35 of the Consumer Protection Act, 2019.
The case of the complainant is as follows.
The complainant is an employee in U.A.E and used to come down to Kerala once in three or four months. On 14.04.20 immediately after opening the booking of flight after the lockdown during Covid 19 pandemic the complainant had booked for a ticket with airline operated by the respondent to 19.04.2020. The opposite party gave an option for choosing the seats according to the choice of the customers and the complainant opted a seat bearing No.18c. On 14.04.2020 itself an amount of Rs.14,362.96 was transferred from the account of the complainant to the bank of the opposite party. Therefore the opposite party used to send online tickets at the earliest, mostly within 2 to 3 hours after the booking. But the petitioner had not got ticket on the said day or on 15.04.2020. On 15.04.20 the petitioner sent mail enquiry about the status of his tickets and called over the call centre of the opposite party. He informed the complainant that it might be due to some technical issues and most probably the tickets will be sent on the very next day. The complainant has not got online tickets on the next day also. When the complainant contacted the call centre of the opposite party, they had checked and informed that no such ticket was booked with the opposite party and they assured that the amount will be refunded to the complainant.
On the basis of the said information, the complainant had obtained ticket in the flight operated by Fly Emirates to 20.04.2020. He had booked the tickets in Fly Emirates on 17.04.2020 and tickets charges were also paid to the Fly Emirates. After that on 17.04.2020 at 21.39p.m the complainant got a mail from opposite party stating that his ticket is conformed. The said mail had not contained PNR number of the tickets or soft copy of the ticket. It is alleged in the complaint that by that time the complainant had taken ticket with Fly Emirates and informed the opposite party that he had already booked another ticket, as he has not got any conformation from the opposite party and demanded the amount of the ticket. The opposite party had not made the refund of the amount within a reasonable period. When the complainant contacted the opposite party they were not ready for refund and informed that they were ready to adjust the amount in the next ticket booked by the complainant. It is submitted by the complaint that the complainant is not at all interested to take any further ticket from the opposite party as their service is too poor. It is alleged in the complaint that the complainant had caused to take ticket from an operator other than the opposite party, as he got information that their ticket is not conformed and that amount obtained will be refunded. Though the complainant had sent several mails to the opposite party for refund of amount but they had not taken any action for the same yet. Accordingly the act of the opposite party amounts to deficiency in service and unfair trade practice. Hence this complaint is filed by the complainant praying for an order of Rs.14,362.96/- along with interest and an amount of Rs.50,000/- as compensation.
Though the notice was duly served to the opposite party they did neither care to appear before the Commission nor to conduct the case. Hence the opposite party was declared as ex-parte. Evidence of this case consist of proof affidavit of complaint in lieu of chief examination and Ext.A1 to A3. Points to be considered.
- Whether the complainant had succeeded to establish any deficiency in service or unfair trade practice on the part of the opposite party and
- Whether he is entitled to any relief.
Specific case of the complainant is that soon after the opening of airport after the lockdown during Covid-19 Pandemic he had booked an air ticket with the opposite party to travel from Kerala to Dubai on 19.04.2020. He had booked the ticket on 14.04.2020 through online and that day itself he had transferred Rs.14362.96 to the account of the opposite party as charges for the air ticket. Ext.A2 proved that, on 14.07.20 an amount of Rs.14396.96 has been transferred through the Andhra Bank. Ext. A3 which is the visa platinum credit card statement also proves that an amount of Rs.14,396.96 was transferred to the account of the opposite party on 14.07.20. According to the complainant the confirmation and PNR status of ticket was not informed to him by the opposite party even after the transfer of amount to the opposite party. It is submitted in the complaint and proof affidavit that though he had sent email to the opposite party on 15.04.20 and contacted the customer service centre of the opposite party over phone, he had not received the confirmation or soft copy of the ticket. It is further submitted that later the opposite party informed him that the ticket is not booked with the opposite party and the officials of the call centre of the opposite party assured the complainant to refund the amount which was the amount paid as ticket charges. Believing the words of the opposite party the complainant booked a ticket with the Fly Emirates on 20.04.2020. According to him he had booked the said ticket only on 17.04.20 after waiting two days for the conformation from the opposite party. Ext. A1 is the email communication between the opposite party and the complainant. On going through the Ext.A1 we can see that the complainant had sent an email to the opposite party on 14.07.2020 stating that he had booked a ticket for 19.07.2020 from Kochi to Dubai and it is further stated that though the payment had deducted he had not received any booking details so far. In receipt of the same the opposite party had sent an email on 17.07.2020 to the complainant stating that the ticket which was booked by the complainant is active and confirmed and the details of the ticket was mailed to the complainant. Though the specific case of the complainant which is stated in the complaint and affidavit that he had booked an air ticket with opposite party on 19.04.20 to travel from Kerala to U.A.E. He had not produced any evidence to show that he had made such booking of opposite party on that date. It is pertinent to note that Ext.A1 to A3 which were produced by the complainant with regard to the ticket which is booked by the complainant on 19.07.2020 with the opposite party to travel from Kochi to Dubai.
The specific case of the complainant is that he had paid Rs.14362.96 to the opposite party on 14.04.20 to book seat No.18c to travel from Kerala to Dubai. However Ext.A2&A3 are the documents with regard to the payment of Rs.14362.96 to the opposite party only on 14.07.2020. There is no evidence before us to show that the complainant had paid any amount to the opposite party to avail an air ticket with the opposite party on 17.04.20 as claimed by the complainant in the complaint and proof affidavit by him. Moreover, Ext.A1 email communication is also with regard to the ticket booked by the complainant with opposite party on 19.07.2020. On a careful evaluation of the evidence adduced before Commission there is no evidence to show that the complainant had availed the service of the opposite party by booking an air ticket with the opposite party on 19.04.2020 as alleged in the complaint and proof affidavit. There is no evidence before us to show that the opposite party has committed deficiency in service and unfair trade practice to the complainant on 14.04.2020 or 19.04.2020 as alleged in the complaint. Hence the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Commission on this the 31th day of December, 2021.
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1- Email communication between the complainant and
opposite party on 29.10.20
A2- Andra Bank transaction alert of Rs.14362.96
A3- Visa Platinum Credit Card Statement
Exhibits marked from the side of opposite party
Nil
By Order
Senior Superintendent
