KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO: 211/2006

                              JUDGMENT DATED:23..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

1.                  E.J. Kuriakose,

S/o Joseph,

Edasserril House,

Karikulam.P.O,

Ranni-689689.

                                                                              : APPELLANTS

    2.          A.C.Aleyamma,

W/o E.K.Kuriakose.

-do-           -do-

(By Adv:Sri.K.Muraleedharan Nair)

                        Vs.

   1.      Air India,

           Air India Building,

            Nariman Point, Mumbai-400 021,

            R/by its Managing Director.

   2.     Finance Manager,                                                     : RESPONDENTS

            Air India, Palal Towers,

            Ravipuram, Ernakulam.

   3.     International Tours and Travels,

`           SCS Junction, T.K.Road, Thiruvalla.

(By Adv:M/s Joseph & Kurian)

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellants are the complainants in OP:377/04 in the file of CDRF, Ernakulam.  The complaint stands dismissed.

2. It is the case of the complainants that they obtained two air tickets for their to and fro journey to United States.  The tickets were valid for 6 months.  The complainant contacted the opposite party for return journey during the month of November and December 2003 ie within 6 months.  But the opposite party could not confirm the tickets.  After the period is over they had to return spending huge amount through another airline.  When applied for only Rs.1140/- ie tax portion was returned.  They have sought for return of the amount of Rs.61,789/- with interest at 18% and Rs.24,804/- towards making the alternate arrangements.

3. On the other hand, it is the contention of the opposite parties that the two tickets were issued under the special excursion fare with the validity of 6 months.  The tickets were issued for low fare compared to normal air fair.  It is denied that the complainants had contacted the opposite parties at Newyork for confirmation of return tickets.  The complainants returned after 3 months of the expiry of the validity of the tickets.

4. Evidence adduced consisted of Exts.A1 and B1 to B5.

5. Counsel for the appellant has relied on the conditions mentioned in Ext.A1 conditions attached to the ticket that mentions that refund will be provided on the unused coupons if surrendered within 3 years after expiry date of the validity of the ticket.  Counsel for the respondent has relied on Ext.B1 the revised DGCA fares dated:19/3/2003 with respect to tickets issued on or after 1/4/2003  wherein it is mentioned that no refund of partially used tickets will be available.

6. We find that the opposite parties have no case that the seats in the flight remained vacant.  It is the case of the complainants that the opposite parties could not confirm the seats for return although request was made within the six months period.  Further we find that there is no loss sustained by the opposite parties and hence there is no justification for retaining the amount.  Hence the order of the Forum is set aside.  Respondents 1 and 2 are directed to return the fare of Rs.61789/-.  The amount is to be paid within 3 months from the date of receipt of this order failing which the complainant would be entitled for 12% interest from the date of this order.

Office will forward the LCR to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.