BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 37 of 2011

            Premananda Baishnab,

            Netaji Lane, Rongpur, Sadarghat, Silchar……………………………… Complainant.   

                                                                        -V/S-

1. Chakraborty Travels,

      Club Road, Silchar, represented by its Manager,                                         O.P No.1.

2. Kingfisher Airlines Ltd.,

            Kingfisher House, Western Express Highway

            Vile Parle (E) Mumbai-400099                                                                     O.P No.2.

3. M/S Flight Raja Travels Ltd., Bangalore-560045                                       O.P No.3.

Present: -                                Sri Bishnu Debnath,                                          President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                                            Sri Kamal Kumar Sarda,                                Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared: -                Mr. Ajoy Kr. Choudhury Advocate for the complainant.

Mr. A.Biswas, Advocate for the O.Ps.

                                                 Date of Evidence                              15-02-2012, 12-03-2012,

                         Date of written argument                 21-04-2018 (none has submitted)

                         Date of oral argument                      30-08-18 (none has argued)  

                         Date of judgment                              18-09-2018

JUDGMENT AND ORDER

                              Sri Bishnu Debnath,

1. Sri Premananda Baishnab purchased Air Ticket from Travel Agent of M/S Chakraborty Travels, Silchar for journey from Agartala to Kolkata by Kingfisher Airlines. The date of journey was on 4^th July, 2011 and ticket purchased for his wife and for him on 6^th June 2011 vide ticket No. 0905345748778 and 0905345748779. Price of tickets were Rs. 2,862/- (Rupees Two Thousand Eight Hundred Sixty Two) only.
2. On the schedule date of journey he reached to Agartala Airport and got information that Kingfisher flight has been cancelled for last few days. Accordingly, an alternative own arrangement he purchased Air ticket of Indian Airlines on cash of Rs. 4,000/-(Rupees Four Thousand) only for journey to Kolkata on 5^th July, 2011. For the above inconvenience he brought the instant case.
3. The O.P No.1 the Travel Agent in its W/S stated inter-alia that the complainant did not produce the Air ticket to him to get refund of the price an now he is ready to refund the price. The O.P No.2 and 3 in their W/S stated inter-alia that the fact of cancellation of flight has been informed to the complainant by SMS on 11-06-2011 vide Message ID No.110626155523274. Moreover, stated that the O.P No.2 and 3 tried to inform the complainant through the mobile number 9435213633 but the mobile set was continuously coming switch off.
4. During hearing the complainant submitted deposition supporting relevant documents. The O.P No.1 submitted deposition as D.W-1 and O.P No.2 submitted deposition of Abdul Hamid the Deputy General Manager as D.W-2. The D.W-2 also submitted some documents. But neither parties submitted written argument. None has appeared for oral argument.​                                                                         
5. In this case, it is admitted fact that the flight schedule on 04-07-2011 was cancelled and the complainant and his wife could not travel by the Kingfisher flight on that schedule date. So, it is required to conclude as whether the information regarding cancellation of flight for the schedule date has been informed to the complainant.
6. From the evidence on record it is evident that the said fact has been informed to the complainant through SMS to his mobile phone No. 9435213633 on 11-06-2011. The said evidence of the O.Ps is remaining un-rebuttable in the record. Thus, in my considered view O.P No.2 and 3 did not commit any disservice or unfair trade practice.
7. However, the O.P No.2 and 3 by adducing evidence tried to convince this District Forum that price of Air ticket already been refunded to the online account. The O.P No.1 by adducing evidence admitted the fact that he received the refund amount to his account but could not hand over the money to the complainant because the complainant has not appeared to the O.P No.1 with Air ticket to get refund.
8. As that is the real fact, so, in this case I do not find any disservice of the O.Ps. Thus, the complainant is asked to approach the O.P No.1 to get refund of the price of the Air ticket. Further the O.P No.1 is asked to make payment of price without any delay as and when the complainant approached him for refund.
9. With the above, this case is disposed of on contest. Supply free certified copy of the judgment to the parties. Given under my hand and seal of this District Forum on this the 18^th day of September 2018.