BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 12/05/2011
Date of Order : 27/06/2011
Present :-
Shri. A. Rajesh, President.
Smt. C.K. Lekhamma, Member.
C.C. No. 245/2011
Between
Gijo Mathew, | :: | Complainant |
Paradam House, Thottumugham. P.O., Aluva – 683 105. |
| (By party-in-person) |
And
Flight Safar Online, | :: | Opposite party |
OSS /Retail Pvt. Ltd., 102-104, Aditya Industrial Estate, Off Link Road, Mind Space, Near Evershine Mall, Malad (W), Mumbai – 400 064. |
| (Ex-parte) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :
The complainant is a student studying in Bangalore. On 05-03-2010, he booked a ticket on Indian Airlines for his journey on 25-03-2010 from Bangalore to Cochin. The cost of the ticket was Rs. 2,791/-. Unfortunately, the complainant could not travel on the flight. Later, he approached the opposite party to get his ticket fare refunded. But repeatedly, the opposite party directed the complainant to cancel the ticket on online. But he was not in a position to make such cancellation. Thus, the complainant is before us seeking direction against the opposite party to refund his ticket fare and pay other incidental expenses.
2. Despite service of notice from this Forum, the opposite did not appear in this Forum for reasons best known to them. No oral evidence was adduced by the complainant. Exts. A1 to A3 were marked on his side. Heard the complainant who appeared in person.
3. The only question that came up for consideration is whether the complainant is entitled to get refund of the price of the air ticket? Ext. A1 E-ticketing Electronic Reservation Slip goes to show that the complainant had booked a ticket on Indian Airlines from Bangalore to Kochi on 25-03-2010 by paying an amount of Rs. 2,791/-. Exts. A2 and A3 are the requests forwarded by the complainant to the opposite party to refund the flight ticket charge. The opposite party is liable to refund the price of the ticket to the complainant as per norms, in this case, the opposite party seems to have failed to do so in time. The above attitude of the opposite party amounts to deficiency in their service. No explanation is forthcoming on the part of the opposite party as to the reason for the non-refund of the price of the ticket especially, the absence of the opposite party in this Forum in spite of issue of notice and acceptance of the same. The opposite party failed to respond in spite of having been served with notice more than ones and the complainant has had to go to unnecessary hardship hence for the same reason, the consumer has been wronged. The consumer whose status has not been challenged has been wronged the circumstances called for costs which we fix it at Rs. 1,000/-.
4. Resultantly, the complaint is allowed and direct as follows :
i) The opposite party shall forthwith refund the price of the ticket as per norms together with interest at the rate of 12% p.a. from the date of complaint till realisation.
ii) The opposite party shall also pay Rs. 1,000/- by way of costs of the proceedings.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 27th day of June 2011.
