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. 111/2020 Filed on 22/05/2020

ORDER DATED: 09.04.2021

Complainant:

1. Narayan.R, S/o.R.Radhakrishnan Nair, “Parvanendu”, PRA-53, Palottukonam Road, Edappazhinjy, Sasthamangalam.P.O, Thiruvananthapuram – 695 010.
2. Parvathi Sreemandiram, W/o.Narayan.R, “Parvanendu”, PRA-53, Palottukonam Road, Edappazhinjy, Sasthamangalam.P.O, Thiruvananthapuram – 695 010.
3. Saraswathi Narayan, D/o.Narayan.R (Rep. by her mother Parvathi Sreemandiram, as her Natural and Legal Guardian), “Parvanendu”, PRA-53, Palottukonam Road, Edappazhinjy, Sasthamangalam.P.O, Thiruvananthapuram – 695 010.
4. Janaki Narayan, D/o.Narayan.R, (Rep. by her mother Parvathi Sreemandiram, as her Natural and Legal Guardian), “Parvanendu”, PRA-53, Palottukonam Road, Edappazhinjy, Sasthamangalam.P.O, Thiruvananthapuram – 695 010.

                                    (Party in person)

Opposite party:

1. Go Airlines (India) Ltd., Rep. by its Managing Director, 1^st Floor, C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai – 400 025.

(By Adv. Binu Mathew)

2. Makemytrip.com Make My Trip India Pvt. Ltd., Represented by its Managing Director, DLF Building No.5 Tower B, DLF Cyber City, DLF Phase 2, Sector 25, Gurugram, Haryana 122 002.

(By Adv.Harsh Vardhan)

3. Ministry of Civil Aviation, Rep. by Deputy Secretary, Rajiv Gandhi Bhavan 110 003, Block B, Safdarjung Airport Area, New Delhi – 110 003.

ORDER

SRI. P.V.JAYARAJAN

This matter stands posted to 22/05/2021 for further proceedings.  Today the complainant filed IA No.111/21 to advance the case from 22/05/2021 to this date.  The IA allowed and matter advanced to 09/04/2021. 

Complainant also filed IA No.112/21 seeking permission to withdraw the complaint with liberty to move against 2^nd opposite party through separate legal proceedings. 

This complaint is with regard to alleged unfair trade practice and deficiency in service on the part of the 1^st & 2^nd opposite parties in not refunding the flight ticket charge collected from the complainant’s.  The complainant’s could not travel in the said flight as scheduled, as the flight operated by the 1^st opposite party was cancelled.  The ticket was booked by the 1^st complainant through 2^nd opposite party.

Heard the complainant.  The complainant submitted that following this complaint, the 1^st opposite party had made arrangement for refunding the ticket charges.  The complainant submitted that though the 2^nd opposite party collected Rs.9,632/- from the complainant only Rs.8,512 was refunded to the complainant’s and the 2^nd opposite party has illegally retained a sum of Rs.1,120/- which amounts to unfair trade practice, according to the complainant.  The complainant further submitted that under the changed circumstances, the complainants desires to move legally only against 2^nd opposite party and hence sought permission to withdraw the complaint with liberty to file a fresh complaint against the 2^nd opposite party alone.

In view of the submissions made by the complainant and on perusal of the affidavit filed by the complainant along with IA No.112/2021, this Commission hereby permits the complainants to withdraw CC.111/2020 on the file of this Commission with liberty to file a fresh complaint against the 2^nd opposite party.  

In the result the complaint is disposed off as withdrawn.  No order as to cost.      

A copy of this order as per the statutory requirements is 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 09^th  day of April, 2021.    

                         Sd/-

                                                              P.V.JAYARAJAN                 : PRESIDENT

              Sd/-

PREETHA G. NAIR             : MEMBER   

                Sd/-

                                                                        VIJU V.R                    : MEMBER   

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