No one appears for the respondents despite due service of the notice in these proceedings, proof of which has been filed. 2. We have heard Mr. N.G.R. Prasad, learned counsel for the petitioner. 3. The complaint was initially dismissed by the District Forum, Ernakulam but in appeal by the complainant, the State Commission, Thiruvanathapuram has set aside the said order and has allowed the complaint in the manner that the petitioner / opposite parties have been directed to refund the fare amounting to Rs.61,789/- to the complainant with the stipulation that the amount shall be refunded within three months from the date of receipt of the order, failing which it shall carry interest @ 12% per annum. 4. The facts & circumstances which led to the filing of the complaint and making of the two orders have been amply noted in the orders passed by the fora below. The complainant alleging deficiency in service on the part of the petitioner – Air India filed the complaint seeking the refund of the unavailed portion of the inward air journey from United States to India amounting to Rs.61,789/- on the ground that the petitioner failed to provide them confirmed passage within the validity of the ticket, i.e. six months from the date of its issue and, therefore, he had to travel by another airlines at an expense. At the trial, however, the complainants failed to establish that any request was made by them for seeking confirmation of passage from United States to India within the validity period of return ticket purchased by them. In fact, what was shown on record was that the complainant and his companion travelled by another airlines about three months later than the validity period of return ticket. That fact itself would show that there was no request made by the complainant and his companion for utilizing return passage within the validity of the ticket. In view of this factual position, the petitioner – airlines could not have been held guilty for any deficiency in service, more particularly when they had returned unutilized taxes. Airlines going by the circular effective from 01.4.2003 was justified in declining the refund of the fare of unutilized journey. In the circumstances, we are of the view that the State Commission has erred in passing of the impugned order and directing the petitioner – airlines to refund the said amount. 5. For the above stated reasons, we allow the present petition and set aside the impugned order as legally unsustainable. 6. Learned counsel for the petitioner submits that half of the awarded amount was deposited with this Commission pursuant to the directions of this Commission. We, therefore, direct the Registrar to refund the said amount to the petitioner – Airlines. |
