SMT. RAVI SUSHA: PRESIDENT

         Complainants filed this complaint U/s 35 of Consumer Protection act 2019, against opposite parties seeking to get an order directing opposite parties to refund rs.2,28,999/-  being the amount paid by the complainants as ticket charges and to pay Rs.20,00,000/- to complainants towards compensation and Rs.50,000/- towards cost of the proceedings of this complaint.

            The facts in brief are as follows the complainants No.1 and 2 are practicing advocates of Kannur Bar and that complainants were desirous of visiting Doha, Qatar in December 2022 for attending the much anticipated FIFA World Cup 2022, the quadrennial world championship for national football teams organized by FIFA organization.  It took place in Qatar from 20 November to 18 December 2022.  That complainants booked FIFA match tickets on 05/07/2022, for the football matches to be held on 17/12/2022 at Qatar.  That when the complainant No.1 contacted OP No.1 immediately after getting FIFA World Cup entry ticket to know the ticket fare to Doha from kannur and Kannur to Doha, it is stated and informed by OP No.1 to the complainant No.1 that if complainants booked air ticket at the earliest they will get maximum money earnings and benefits and will get cheaper rate than future dates since the said period is the football world cup season.  That as such complainant had booked Indigo Airlines Flight Tickets for 4 persons on 07/07/2022, prior to more than 160 days of journey date vide PNR JH5CYB for Flight 6E 1715 from Kannur to Doha on 15/12/2022 and for Flight 6E1716  from Doha to Kannur on 30/12/2022, for a total amount of Rs.2,28,999/- as flight charges through OP No.3. 

That thereafter when complainants were travelling to Doha, Qatar from Kannur on 15/12/2022, they happened to be accompanied by a relative, who was flying in the same flight as him.  Complainants were in utter shock to hear that the relative who booked the flight one week before the flight date, at a much cheaper fare of the same ticket for which complainants had booked much in advance.  Moreover when complainants further enquired while they were returning from Doha to Kannur form      co-passengers about the ticket fare, it is also learned that the ticket fairs were much cheaper than complainant’s flight fairs.  Complainants felt cheated, and exploited by the OPs, because complainants for avoiding peak ticket charges had booked the flights in advance and had paid a huge amount as ticket fare compared to the persons who booked the flight tickets just few days before the journey.  Hence this complaint.

            Notices were issued to the OPs 1 to 3.  OP2 Received notice 24/06/2024 and 3^rd OPs notice was delivered on 27/06/2024.  The case was posted to 19/07/2024 for appearance of OPs 2 and 3 and for return of notice of OP1.  On 19/07/2024 since OPs 2 and 3 were remained absent, both of them OPs 2 and 3 were declared as ex-parte and posted to 07/08/2024 for return notice of OP1.  On 07/08/2024 as OP No.1’s notice was not returned, it is presumed as it would be served.  Hence OP No.1 also was declared as ex-parte.  Then the case was posted to 22/08/2024 for adducing ex-parte evidence of complainant.

            On 19/08/2024, OPs1 and 2 filed Advance hearing petition along with petition to set aside ex-parte order pronounced against them after giving copy to complainants.  Complainants seriously opposed the said petition and filed written objection with track consignment to show that notice was delivered to OP No.1 on 02/07/2024.  Heard both sides.  Since the District commission does not have power to set aside ex-parte order, we dismissed the petition of OPs 1 and 2 to set aside their ex-parte order.

            2^nd complainant has filed his chief affidavit and documents.  2^nd complainant was examined as Pw1 and the documents submitted were marked as Ext.A1 to A11.  Heard the complainant.

            Here the complainant’s main allegation is that the persons who booked the flight one week before the flight date, in the same flight, same journey from Kannur to Doha, OP has taken ticket charges at a much cheaper fare than taken from the complainants.  Moreover when complainants further enquired while they were returning from Doha to Kannur from       co-passengers about the ticket fare, it is also learned that the ticket fairs were much cheaper than complainant’s flight fairs.  Complainants alleged that the complainants for avoiding peak ticket charges had booked the flights in advance and had paid a huge amount as ticket fare compared to the persons who booked the flight tickets just few days before the journey.

            For proving the allegation complainants produced Ext.A2, the flight ticket of  co-passenger Mr. Hyder Kakkot  Chalil LNU.  On verification Ext.A2 it is revealed that the date of TRAVELLING as on 15/12/2022, Date of booking was on 13/12/2022 and status shows confirmed and the ticket fare levied from him was Rs.13,606.  Ext.A1 the ticket of complainants reveals that a total amount of Rs.2,28,37,200/-  was received from the complainants  4 in numbers for the to and fro ticket fair (Rs.28,546/- for each travelling). Ext.A11 is the reply notice sent by OP No.1 to the  complainant, in which they stated that OP No.1 has acted strictly in compliance with their laws and has duly discharged its obligations in accordance there with.

            But it is seen that after receiving notices, either OP or their counsel did not appear before commission and contest the allegations raised by the complainant.  All OPs remained absent.  Hence we are constrained to rely up on the evidence adduced by the complainants.  Through complaint, chief-affidavit and Ext.A1 to A11 complainants have proved their case.

            On perusal of documents we are of the view that there is deficiency in service and unfair practice on the part of OPs.  So complainants are entitled to get relief from OPs.  Accor dig to us, OPs received more than Rs.14,000/- from the complainants as ticket fair for each journey than co-passengers is primafacie unfair.

            In the result complaint is allowed in part.  Opposite parties 1 to 3 are directed to refund Rs.1,12,000/- (Rs.14,000 for each journey) to the complainants 1 to 5.  Opposite parties are further directed to pay Rs.1,00,000/- towards compensation and Rs.10,000/- towards cost of proceedings of this case.  Opposite parties 1 to 3 shall comply the order within one month after receiving the certified copy of this order.  Failing which Rs.1,12,000+ Rs.1,00,000 will carry interest @9% per annum from the date of order till realization.  Complainant can execute the order as per provision in Consumer Protection Act 2019.

Exts.

A1-Flight tickets of complainant

A2-Flight ticket of Hyder

A3-Flight ticket of Shamsu

A5-Copy of lawyer notice

A6-Postal receipt OP1

A7- Postal receipt OP2

A8-Postal receipt OP3

A9-Acknowledgment card OP2

A10-Acknowledgment card OP3

A11-Reply of OP1

Pw1-Muhammed Sayyid Qutub-Complainant

      Sd/                                                                                 Sd/                                                         Sd/

PRESIDENT                                                                MEMBER                                               MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Assistant Registrar