BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER 

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 127/2020 Filed on 10/06/2020

ORDER DATED: 28/02/2023

ORDER

SMT. PREETHA G. NAIR: MEMBER

The complainant had booked a flight ticket from Delhi to Bhopal scheduled to depart on 08/06/2020.  The complainant planned to leave Thiruvananthapuram where he carefully staying by a vistara flight.  Since booking for Air India flight  are not available on the goibibo site.  Then the complainant switched to the Air India website and booked a ticket for the flight at the cost of Rs.3,807/-.  When he retruned to the goibibo site and tried to book a ticket for vistara flight from Thirvandrum to Delhi.  Then the complainant found that the flight was not available and that it seemed to have been cancelled.  Since the complainant could not find any other flight from Trivandrum to Delhi at an appropriate time to reach the flight and he decided to catch the date change it.  But the charge appeared to amount of Rs.3,150/- cancellation / data change charge for Rs.3,807/-.  The private airlines cancel their flights for probability and convenience.  The act of the opposite party amounts to deficiency in service, hence the complaint.

The opposite party filed version stating that the following contention: the complainant did not have any difficulty in travelling by the air India flight as it is not cancelled or delayed.  The complainant himself cancelled this journey from Delhi to Bhopal due to non-availability of Vistara flight form Trivandrum- Delhi.  Air India conducted service on the day at the fixed time.  No lapse has occurred from the side of opposite party.  The complainant did not make any request to opposite party for refund of his ticket charge.  He filed the complaints only on the basis of his assumptions and misunderstanding.  No documents id produced to show that the opposite party would refund the amount as he has mentioned in the complaint.  Besides applicant conceal the fact that he cancelled the ticket on 08/06/2020 and not on 07/06/2020.  The complainant has asked additional amount of Rs.5 lakh only for making the personal advantage at the cost of the opposite party.  The complainant is totally silent about the aspect of deficiency is service and not proved any deficiency from the side of the opposite party.  Moreover, in order to refund this ticket charge, the traveler has to cancel his journey within 7 days before the fixed date of journey.  The applicant cancelled the journey on 08/06/2020 one day after the booking date that is to say on 07/06/2020.  Hence opposite party cannot refund the same ticket rate.  The air India ticket was booked by the complainant from air India website.  Free look in option facility is available for a flight whose departure is beyond 7 days from booking date.  Hence there is no penalty waiver for refund due to the prevailing covid scenario.  Complainant continually absent and not filed proof affidavit.  Then issue notice to complainant for filing affidavit.  Thereafter complainant present and not filed affidavit.  Since 05/08/2022 the complainant was continuously absent and not filed proof affidavit.  The complainant had not produced evidence to prove his case.  the complainant is miserably failed to prove his case.  

In the result complaint is dismissed for default.  No order as to cost.    

                        A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28^th day of February,  2023.

R