BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 163 of 2016
Date of Institution:05.04.2016
Date of Decision: 20.7.2016
Shishpal Singh aged 51 years S/o Joginder Singh R/o House No. 646, Jawahar Nagar, Chheharta , Amritsar
Complainant
Versus
- Gulf Airlines through its Manager, Flat No. 711,7th Floor, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi.
- Travel Boutique Online through its Manager, Regd. Office E-78, South Extension, Part I, New Delhi
- Worthy Group through its Manager, Opposite ENT Hospital, Backside Lal Path Lab, Majitha Road, Amritsar
Opposite Parties
Complaint under section 12 & 13 of the Consumer Protection Act, 1986 as amended upto date.
Present: For the Complainant: Sh.G.S. Sandhu, Advocate.
For the Opposite Parties : Ex-parte
Coram:
Sh.S.S.Panessar President
Ms.Kulwant Kaur Bajwa, Member
Mr.Anoop Sharma, Member
Order dictated by:
Sh.S.S.Panessar,President.
- Shishpal Singh, complainant has filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that the complainant was holding tourist visa of United Kingdom (England) for the per4iod 15.10.2015 to 15.4.2016. The complainant approached opposite party No.3 for purchase of air ticket from Delhi(India) to Heathrow airport (United Kingdom) and paid Rs. 44527/- for return air ticket. Opposite party No.3 hired the services of opposite party No.2 for reservation of air ticket of Gulf Airlines Economy Class bearing No. 0729664363683 having PNR : HPFEXB was confirmed for 28th November 2015 and also arranged for travel insurance and spent Rs. 1100/- and further paid Rs. 1203/- as booking charges of hotel namely Palmers Lodge-Swiss Cottage (United Kingdom). The complainant reached Indira Gandhi International Airport, Delhi on 28.11.2015 by Indo Canadian Bus Service and paid Rs. 2100.56 as bus fare from Amritsar to Delhi. When the complainant reached Indira Gandhi International Airport, Delhi and was going to board the flight but at that time he was not allowed to board the flight (off loaded) by opposite party No.1 due to the reason that he was not having valid hotel booking. The complainant requested opposite party No.1 that he was having valid confirmed air ticket and also having hotel booking for the period 28.11.2015 to 4.12.2015 for Palmers Lodge-Swiss Cottage ( United Kingdom) and have also paid Rs. 1203/- as 12% of booking fee and further requested that it is not necessary to have hotel booking for boarding the flight, but opposite party No.1 did not listen to the genuine request of the complainant and did not allow the complainant to board the flight. The complainant further requested opposite party No.1 for refund of the air ticket but it refused to refund the air fare and in this way complainant was disappointed and had to return Amritsar. The complainant approached “Surinder” the representative of opposite party No.2 and enquired about the matter and handed over the copy of e-mail containing the reason(s) for off loading which were not justified. Copy of e-mail is attached. In this way the complainant had to arrange for a new air ticket . The complainant thereafter approached opposite party No.1 through opposite party No.2 and 3 for refund of air ticket and also to pay for harassment . But till date the opposite parties have not paid any heed to the genuine request of the complainant . The air ticket in dispute was purchased by the complainant from Amritsar through opposite party No.3, as such this Forum has jurisdiction to entertain and decide the present complaint. The complainant has requested for grant of following reliefs vide instant complaint:-
- Opposite parties be directed to refund Rs. 44527/- as price of air ticket;
- Opposite parties be also directed to refund Rs. 2100/- ( Indo Canadian Bus Charges) plus Rs.1203/- (hotel booking) plus Rs. 1100/- (medical insurance);
- Compensation of Rs. 41000/- for mental/physical harassment be also awarded to the complainant alongwith litigation expenses to the tune of Rs. 11000/- .
Hence, this complaint.
2. Upon notice, despite due service opposite parties No.1,2 & 3 did not opt to appear or contest the complaint, as such , they were proceeded against ex-parte.
3. In order to prove his case , Sh.G.S.Sandhu,Adv.counsel for the complainant tendered into evidence affidavit of complainant Shishpal Singh Ex.C-1, copy of invoice dated 7.11.2015 Ex.C-2, copy of Indo Canadian Bus Ticket dated 27.11.2015 Ex.C-3, copy of Insurance cover Ex.C-4, copy of hotel booking Ex.C-5, copy of ticket off loaded Ex.C-6, copy of e-mail Ex.C-7, copy of new ticket Ex.C-8 and closed his ex-parte evidence .
4. We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.
5. The evidence adduced by the complainant has gone unrebutted on record as the opposite parties , despite due service , did not opt to appear and contest the complaint and as such they impliedly admitted the claim of the complainant as stated in the complaint. It is proved that the complainant approached opposite party No.3 for purchase of air ticket from Delhi (India) to Heathrow airport (United Kingdom) and paid Rs. 44527/- for return ticket. Copy of the return ticket accounts for Ex.C-2. Opposite party No.3 hired the services of opposite party No. 1 & 2 for reservation of air ticket and air ticket of Gulf Airlines Economy Class bearing No. 0729664363683 having PNR HPFEXB was confirmed for 28.11.2015. He also arranged for travel insurance and the complainant paid Rs. 1100/- and further amount of Rs. 1203/- was paid by him against booking of hotel charges namely Palmers Lodge Swiss Cottage (United Kingdom) . Copy of the hotel booking charges is Ex.C-5. It is further case of the complainant that he reached the Indira Gandhi International Airport on 28.11.2015 by Indo Canadian Bus Service and paid Rs. 2100.56 as bus fare from Amritsar to Delhi. However, when the complainant reached Indira Gandhi International Airport and was scheduled to board the Gulf Airlines flight, at that time, he was not allowed to board the flight rather he was off loaded by opposite party No.1 (copy of the off loaded accounts for Ex. C-6), on account of the fact that he was not having a valid hotel booking. However, the complainant has adduced on record valid hotel booking, copy whereof is Ex.C-5. As a matter of fact opposite party No.1 had no right or authority to off load the complainant from the flight nor it had any reason to refuse the request for refund of the air ticket and other charges made by the complainant for the purpose of going to United Kingdom. The complainant requested the opposite parties to refund the air ticket and also to pay charges for harassment as well as amount spent for travel journey by bus from Amritsar to Delhi and further pay compensation on account of mental and physical harassment as well as litigation expenses .
6. In our considered opinion, complainant is entitled to refund of Rs. 44527/- as air ticket charges . Besides that he is also entitled to refund of the bus fair to the tune of Rs. 2100.56, besides hotel booking charges of Rs. 1203/- and medical insurance of Rs. 1100/-. The complainant is also entitled for grant of Rs. 5000/- as compensation for harassment while cost of litigation is assessed at Rs. 1000/-. In all complainant is entitled to recover Rs. 53,930.56 from the opposite parties. Opposite parties No.1, 2 & 3 are held jointly, severally and co-extensively liable for making the payment which is directed to be paid within a period of 30 days from the date of receipt orf copy of this order ; failing which, awarded amount shall carry interest @ 6% p.a from the date of passing of the order until full and final recovery . Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Dated: 20.7.2016
/R/
