THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C. 133/2015

Dated this the 11^th   day of December 2017

                     (Smt. Rose Jose, B.Sc, LLB.             :  President)

                          Smt.Beena Joseph, M.A             : Member

                          Sri. Joseph Mathew, MA, LLB   : Member   

                                                                                                       ORDER

Present: Beena Joseph, Member:

            The above complaint was filed on 06.03.2015 alleging deficiency in service and illegal trade practice adopted by the opposite parties.  The case of the complainant is that, he had booked four flight tickets from Cochin to Srinagar with the 1^st opposite party through online. Reference number was ET43458 dated 25.08.14 by spending a total amount of Rs.29,800/-.  Another two tickets were booked as per booking reference number 44384 dated 04.09.14 for an amount of Rs.26,994/- through the 1^st opposite party.  Subsequently due to flood in Srinagar the booking as per reference number ET43458 was cancelled and it was duly informed to the opposite parties wide e-mail dated.05.09.14,  the other two tickets booked as per reference number ET44384 was also cancelled due to unavailability of tickets.  This also intimated to the opposite parties.  The 1^st opposite party had accepted the same and confirm the cancellation of both bookings and issued refund intimation number 65 & 68 respectively.  But they were not refunded the amount as agreed.  So the complainant again sends e-mail to opposite party No.1 dated 15.09.14 demanding refund of the amount.  Then the 1^st opposite party number I had informed the complainant through e-mail dated 05.09.14 that the amount will be refunded to the account of the complainant within 9 working days.  However on 22.09.14, opposite party No.1 informed the complainant that the payment gate has been changed, hence no refund initiated and further informed that instead of refund; use the booking amount to book another ticket with them.  The 1^st opposite party well aware that the complainant is not a regular flight traveler and he cannot make use the amount for another booking.  Thus 1^st opposite party has dishonestly kept the ticket amount with them by applying unfair trade practice and both opposite parties were negligent in their service.  The 1^st opposite party has wrongly collected cancellation charges from this complainant by providing unfair services to the complainant.  It is submitted that, 2^nd opposite party had already waived cancellation charges due to flood in Srinagar at the same time 1^st opposite party had dishonestly charged cancellation charges from the complainant.  The complainant had tried to book another two tickets on 13.01.2015 from the 1^st opposite party but there was no response from the 1^st opposite party.  Therefore it is stated that 1^st opposite party purposefully evading the refund legally payable to the complainant.  The acts of opposite parties are gross negligence on their service.  So complainant prays to pass an award of Rs.56,794/- towards the ticket charges with interest and to pay compensation of Rs.25000/- with interest at the rate of 6% per annum; and to pay the cost of the proceedings.

            Notice issued to both parties, notice not served upon 1^st opposite party hence the complainant took substituted service and produced paper publication and 1^st opposite party set ex-parte.  Notice was served upon 2^nd opposite party and they represented before the forum but there was no version on their side hence 2^nd opposite party also set ex-parte.

Points to be considered.

1. Is there any service deficiency or illegal trade practice on the part of opposite parties?
2. If yes what are the reliefs?

In this matter complainant filed affidavit and Ext.A1 to A11 were marked on the side of the complainant.  Ext.A1 is the online booking of Air ticket dated 25.08.14, Ext.A2 is the online booking of air ticket dated 04.09.14.  Ext.A3 is the mail issued by 1^st opposite party to the complainant.  Ext.A4 is the letter issued by complainant to the 1^st opposite party.  Ext.A5, Ext.A6 and Ext.A7 are the mail issued by complainant to the 1^st opposite party. Ext.A8 is the mail issued by 1^st opposite party to the complainant. Ext.A9 is the mail issued by complainant to the 1^st opposite party. Ext.A10 is the bank statement, Ext.A11 is the paper publication.

Ext.A1 to A3 shows that complainant had booked 6 tickets to Srinagar from Cochin by spending a total amount of Rs.56,794/-.  The ticket was issued through Indigo Air lines,  that is 2^nd opposite party in the complaint.  But due to flood occurred in Srinagar the tickets were cancelled by the complainant and the same was intimated to the opposite parties.  The cancellation has been accepted by the opposite party No.1 and issued mail to the complainant dated. 05.09.14 itself, wherein it has been stated that the refunded amount will be credited to the account of the complainant within 9 working days.  The refund number was B.65, B.68.

      Later 1^st opposite party intimated the complainant that they canceled the tickets by charging Rs.1800/-per passenger so Rs.3600/- for two passengers will be deducted and the refundable amount was Rs.11300/- can be used for another booking through the 1^st opposite party.  Even after this, it is seen that no amount was refunded to the complainant by the opposite parties. So, complainant had issued several reminders to the 1^st opposite party claiming refund of the amount.  Later on 22.09.14 1^st opposite party issued Ext.A8 mail to the complainant stating that they had changed their refund policy from 20.09.14 onwards.  Stating that there will be no refund initiated and complainant can use amount to book another ticket with them.  Hence the complainant issued Ext.A9 mail to 1^st opposite party claiming refund of ticket amount stating that 2^nd opposite party has not charging  cancellation amount from the customers due to flood in Srinagar.

      The complainant has produced his bank statements with SBI which marked as Ext.A10 showing that they debited Rs.56,794/- from the account of the complainant towards the ticket charges.  The documents Ext.A1 to A10 clearly shows that, the complainant had booked tickets to Srinagar by spending Rs.56,794/-.  Later it was cancelled due to flood in Srinagar.  And 1^st opposite party admitted to return the booking amount to the complainant.  Thereafter 1^st opposite party changed their policy.  This clearly shows that 1^st opposite party has malafide intention to cheat the complaint.  This is a clear case of illegal trade practice and service deficiency on the part of the opposite parties.  The booking was cancelled on the basis of a natural calamity which cannot be prevented by ordinary man.  So in this case opposite party has got a liability to return the ticket amount to the complainant.  But i stead of that they have withheld the amount stating that it can be used for future traveling or booking.  This cannot be expected from a reputed firms like opposite parties.  So they are liable to compensate the complainant.  In the result the above petition is allowed.

      Therefore we direct the opposite parties to pay Rs.56,794/-(Rupees fifty six thousand seven hundred and ninety four only) as the ticket fare and Rs.10,000/- (Rupees ten thousand only) as compensation for illegal trade practice and Rs.5,000/-(Rupees five thousand only) as cost of the proceedings. Comply the order within one month from the date of receipt of the order.

Dated this 11^th day of December 2017.

Date of filing: 06.03.2015.

SD/-MEMBER                                          SD/- PRESIDENT                     SD/-MEMBER

APPENDIX

Documents exhibited for the complainant:

A1. Online booking of Air ticket dated 25.08.2014.

A2. One line booking of air ticket dtd.04.09.2014.

A3. Mail issued by 1^st opposite party to the complainant.

A4. Letter issued by complainant to the 1^st opposite party

A5. Mail issued by complainant to the 1^st opposite party dtd.05.09.2014

A6. Mail issued by complainant to the 1^st opposite party dtd.05.09.2014

A7. Mail issued by complainant to the 1^st opposite party dtd.05.09.2014

A8. Mail issued by complainant to the 1^st opposite party dtd.22.09.2014

A9. Mail issued by complainant to the 1^st opposite party dtd.16.09.2014

A10. Bank statement from 1^st Aug.2014 to 30 Sep.2014.

A11. Paper publication.

Documents exhibited for the opposite party:

Nil

Witness examined for the complainant.

Nil

Witness examined for the opposite party:

None

                                                                                                                                                                Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT