,IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SONITPUR AT TEZPUR
District: Sonitpur
Present: Smti A. Devee
President,
District Consumer D.R Forum,
Sonitpur, Tezpur
Sri P.Das
Member
District Consumer Disputes
Redressal Forum, Sonitpur
Smti S.Bora
Member
District Consumer Disputes
Redressal Forum,Sonitpur
CONSUMER COMPLAINT NO.27/2018
1.Sri Biswajit Paul : Complainant
S/o Sri Anil Kumar Paul
2.Sri Subodh Paul
S/o Late Nityananda Paul
Both residents of Ex Police Line,Ward No.12
P.O: Tezpur,Dist: Sonitpur/784001
Vs.
1.Indigo : Opp. party
Level-1 Tower C ,Global Business
Park, Mehraul-Gurgaon Road
Gurugram,Haryana-122002
2.Pushpak Travels : Proforma Opp. party
Brijbalakunj, Ist Fllor, central Road
Silchar
Appearance:
Mr.Abhijit Kar, Advocate. : For the Complainant
None : For the Opp. party No.1 & 2
Date of argument : 18-01-2019
Date of Judgment : 11-02-2019
J U D G M E N T
- Complainants namely Sri Biswajit Paul and Shri Subodh Paul, lodged the instant complaint before the Forum against Airline services namely ‘Indigo’. The complainants contacted and purchased Air tickets in their names from an authorized Travel Agency viz., Pushpak Travels with intent to travel from Guwahati to Bangalore on the 3rd day of September, 2018 with return ticket from Bangalore to Guwahati on the 8th day of September,2018. The travel agent Pushpak Travels situated at Brijbalakunj 1st Floor, Central Road, Silchar, has been made proforma opp. party in the instant case. The price of the ticket shown was as follows – Basic Fare Rs.7,372/- and Tax and Charges Rs.2,656/-; in total Rs.10,028/- Similarly, the price of the return ticket was shown as - Basic Fare Rs.6,838/-, Fuel charge Rs.800 and Tax and charges Rs.1,951/- thus totalling to Rs.9,589/-.
- The Complainants were shocked and surprised to see that the fare of the flight shown was with tax and charges clubbed together. The opp. party airliner, utterly failed to disclose the basis of Tax charged and charges, if any, just to gain illegal gains from the customer in the name of Tax. The Complainants alleged that Tax and Charges are two different heads which cannot be clubbed together. Tax is made for payment to the government which is 5% after application of GST and Charge is meant for the service provider. In this regard, a complaint was verbally lodged by the Complainants, but no response was received. Being aggrieved by the alleged arbitrary imposition of illegal charges in the name of Tax, the Complainants lodged the instant complaint against opp. parties for unfair trade practice allegedly resorted to by the opposite party No.1 and prayed for (a) refund of the illegal charges in the name of Tax amounting to Rs.4,607/- (Rs.2656/- + Rs.1951/-) (b) compensation for causing mental pain and agony, inconvenience caused and humiliation meted out do the Complainants to the tune of Rs.5000/- and (c) cost of expenses to the tune of Rs.500/- , therefore, in total, Rs.10,107/-. The Complainants do not have any claim against the proforma opp. party in this case.
- The notice sent through registered post was duly served upon the opposite party. However, case was dismissed against the proforma opp. party vide order dated 27-11-2018. On the otherhand, case proceeded exparte against the opposite party.
- The Complainant No.1 Sri Biswajit Paul adduced evidence of himself as witness and marked 2(two) documents namely Air ticket with PNR No.UJU54X issued on 07-0-2018 as Exhibit-1 and Ext-2 respectively.
- Learned advocate for the Complainant Sri A.Kar has submitted written argument. We have gone through the materials available on record.
POINTS FOR DETERMINATION
- Whether there was unfair trade practice on the part of opposite party ?
- Whether the Complainants are entitled to get the relief/reliefs as prayed for?
DECISION ON THE POINTS WITH DISCUSSION
6.Point No.a): The chief point of discord in the whole matter is that in the exhibit-1 and exhibit-2, the Tax and Charges were clubbed together and as a result, the Complainant were unable to differentiate the amount or the percentage of Taxes and Charges levied by the opp. party along with the Basic fare. On perusal of the exhibit-1, it is seen that the opp. party levied an amount of Rs.1,328/- per passenger under the head of Taxes and others, in addition to the Basic fare. Similarly, in the exhibit-2, it is seen that the opp. party levied an amount of Rs.1,951/- under the head of Taxes & fees in addition to Basic fare and fuel charges.
7. It is clear that there were no clear split-ups or sub-heads in the exhibits regarding Taxes & other Charges levied by opp. party on each of the passengers. Therefore, the Complainants were in total darkness and were not sure whether those were legitimate Tax and Charges, or not. But at the same time, another question also arises whether clubbing together or calculating together all Taxes and Charges and mentioning the said amount under one head in the ticket and collecting the same from the consumer is tantamount to unfair trade practice or not.
8. Moreover, the witness for the Complainants, in evidence on affidavit at paragraph No.6, averred that after reaching Guwahati, he contacted a person manning the counter of ‘Indigo’ airlines and protested the matter, but the said person failed to give any logical reply to his satisfaction. But the C.W.1 failed to make any enquiry to know the name or designation of the said person. The Complainants failed to bring any material on record to justify that the said person was competent enough to give proper reply to the queries made by the Complainants. Furthermore, on perusal of the exhibit-1 it is found that contact No.09910383838 for queries and toll free No.18001803838 is there. In addition to that there was also a contact number of proforma opposite party being No.943507040. Similarly in the exhibit-2 two Phone numbers 09910383838 and 919845177281 were also mentioned. But there is nothing mentioned in the complaint as well as in the evidence on affidavit that the Complainants tried to contact opposite party and / the proforma opp. party to get any answer about the Taxes and Charges levied by opp.party. Further the evidence of C.W.1 referred to hereinbefore about protest raised before a person manning the Indigo counter is found beyond pleadings as such evidence did not find its place in the complaint.
9. If we go through the complaint petition, evidence on affidavit and documents submitted by the Complainants, we find nothing to accept the allegation that the opp. party has gained wrongfully by collecting Rs.4,607/- as Taxes and other Charges/Fees. Moreoverover, the Complainants have not submitted any cogent evidence as to the rate or amount of Taxes/Charges legally permissible to be levied by an Airliner or for that matter, by the opposite party. In this scenario, it is not possible to say if the whole amount of Rs.4,607/- was illegally charged by the opposite party or any part thereof. On the otherhand, the Complainants made a calculation in the argument by adding 5% as maximum amount of Tax that can be levied on Basic Fare.But the learned advocate failed to submit any materials to substantiate the basis of his submission. Totality of our discussion has led us to hold that the claim of unfair trade practice has no basis at all.
10. On the otherhand it has already been observed that in absence of any claim in the complaint about the allegation of contacting a person manning the counter of Indigo airlines at Guwahati Airport as levelled in the evidence on affidavit of C.W.1, we are not in a position to accept such evidence. Thus, in absence of any evidence, we have not found any deficiency in service on the part of the opp. party either.
The Point (a) is decided accordingly in the negative.
11. POINT No.b):In view of decision of Point No.(a) the Complainants are not entitled to get any relief in this case.
O R D E R
Consequently, the case fails and stands dismissed.
Given under our hands and seal of this Forum this 11th day of February, 2019.
Written by: ( P.Das), Member
We agree:- (A. DEVEE)
President
District Consumer Disputes Redressal Forum,
Sonitpur,Tezpur
(SMT.S.BORA)
Member
