SMT. RAVI SUSHA  : PRESIDENT

       Complainant has filed  this complaint   U/S 12 of Consumer Protection Act 1986,for getting an order directing  opposite parties to pay Rs.7950/- towards the balance amount of the flight charges to the complainant with 12% interest, together with Rs.10,000/-  as compensation for the mental agony and inconveniences caused to the  complainant and to  pay cost  of the proceeding.

    The complainant’s case in brief is that the complainant booked round trip Kozhikode –New Delhi-Kozhikode on 27/8/2018 with booking No.FB2708PNBQDO  to 1^st OP through 2^nd OP,  the purpose was  to participate  business exhibition to be held at Delhi on 8/9/2018.  Complainant submitted that as the flights are cancelled by 1^st OP, the purpose of the travel to participate in Exhibition connected with his profession , consequent  to the re-scheduling of the travel, could not be served the purpose.  The complainant  paid  the travel fare is Rs.14,750/- to the OP and the OP refunded  Rs.6800/- only  but not so far paid balance amount of Rs.7950/-.  He also submitted that  the OPs are bound to refund the ticket charge  of Rs.7950/- along with compensation  and cost  and there is deficiency of service on the part of OPs . Hence the complaint.

     1^st OP filed version stating that the complaint is devoid of merit and is liable to be dismissed with cost.  According to OP that the complainant was aware that his journey from Kozhikode to Delhi via Chennai was booked under PNR No.S8B1QB and that his journey from Delhi to Kozhikode via Chennai was booked separately under PNR No.EF6B7T.  1^st OP further submitted that they had sent message to the complainant about the cancellation and delay of the flight that the Indigo flight  6E2515 from Chennai to Delhi dtd.8/9/2018  and that the complainant was offered the option of either a full refund of booking  under PNR No.S8B1QB or re-accommodation on the  next available flight or credit shell for future travel.  The complainant voluntarily  and willingly opted for full refund  of the booking   amount of INR 6881 under the PNR NO. S8B1QB and the same was duly processed in to the account from which the payment for the booking of the complainant was originally made being the account of the third party  travel agent of the complainant. According to OP, the Indigo flight 6E-2519 from Delhi to Chennai on 8/9/2018 was not cancelled.  But the complainant failed to report  for the flight 2519 on 8/9/2018 at the Delhi Air port for the  rescheduled departure time.  On account of   complainant’s “No show” for the flight 6E-2519, the booking was not cancelled and it was active.  The OP had refunded the ticket fare Rs.6881/- under PNR No.S8B1QB for the cancelled flight.  1^st OP was constrained to cancel the IndiGo flight on account of runway closure on the instructions of the ATC due to adverse weather conditions prevailing at the Delhi airport, which was a circumstances beyond  the control of  1^st OP. There is no deficiency of service on the part of OPs, hence  prayed for the dismissal of the complaint.

   Complainant has filed affidavit and submitted documents marked as Exts.A1 to A4.  Senior Legal counsel of 1^st OP Mr.Kartik Bajpai, filed his affidavit evidence and relied  Exts.B1 to B9.

   The only question to be  decided in this  case is whether complainant is  entitled to get full ticket fare from 1^st OP?.

   1^st OP submitted that the Indigo flight  6E2515 from Chennai to Delhi dtd.8/9/2018 had to be cancelled due to some unavoidable circumstances  on account of bad weather at Delhi and also there was a slight delay in the scheduled time of departure of the Indigo flight 6E 2519 from Delhi to  Chennai on 8//9/2018.  OP contended that they had sent message to the complainant about the cancellation and delay of the flight.  According to OP, the Indigo flight 6E-2519 from Delhi to Chennai on 8/9/2018 was not cancelled.  But the complainant failed to report  for the flight 2519 on 8/9/2018 at the Delhi Air port for the  rescheduled departure time.  So on account of   complainant’s “No show” for the flight 2519, the booking was not cancelled and it was active.  So OP had refunded the ticket fare Rs.6881/- under PNR No.S8B1QB for the cancelled flight only.  According to OP, there was no deficiency  in service on their part as full refund of booking fare for the cancelled flight to the complainant through 2^nd OP agent.  On the other hand complainant  alleged that his purpose for the travel to Delhi  was to participate to  business exhibition to be held at Delhi on 8/9/2018.  Complainant pleaded that  as the flights are cancelled by 1^st OP, the purpose of the travel to participate in Exhibition  connected with his profession , consequent  to the re-scheduling of the travel, could not be served the purpose.  According to complainant the delay of flight from Delhi to Chennai PNR No.EFCB7T was not properly informed to him in time  and    1^st OP failed to prove the said fact by adducing evidence.  So, complainant claims that 1^st OP is liable to refund the full flight fare to the complainant.

   We have duly considered the submission so put forward on behalf of the 1^st OP and have gone through the material on record and find  that in this case the complainant has put forward a case to the effect that though he was earned  with valid air tickets to and fro from Kozhikode to Delhi and without any reason, the flight to Delhi was cancelled and flight from Delhi(return) to Chennai was delayed and  thereby rendering  the very purpose of visit of complainant to Delhi to  participate in the exhibition scheduled at Delhi infructuous.  Being aggrieved  with such incompetency on the part of the  1^st OP, the complainant filed this  complaint.  The 1^st OP on the other hand tried to put a case to the effect  that  there was no deficiency in service at the instance of the 1^st OP in the matter of cancellation of the flight, delay of departure of the return flight, which was in- evitable due to bad weather at Delhi Air port.  OP submitted  Ext.B7 to show that the weather in Delhi was bad and due to rain, slows traffic, delays flights and that even after honest attempt on the part of OP to communicate the cancellation of the flight and delay of the flight to complainant, the complainant has not opted either to cancel the return flight or to report for the flight at Delhi Air port.  So they have refund only the full ticket fare to S8B1QB Rs.6881/- remitted to the account  from which the booking  had been made.  As far as 1^st OP is concerned PNR No.EF6B7T was  still active, so refund was not done.

   We have carefully gone through the case of both parties.  When  flight in question was cancelled without proper notice to the complainant and re-scheduled  without informing to the complainant in due time, 1^st OP should have refund the fare to  and fro, in full to the  complainant.  The plea taken  in this  regard on behalf of the 1^st OP to the effect that the return fare was deducted from the full fare towards travelling from Delhi to Kozhikode PNR No.NF6B7T is not a fair practice as there is no evidence to show that the delay of the return flight was informed to the complainant in time.  Moreover, since complainant did not  reach at the destination, no question  arise about his return.  Hence complainant is entitled to get full ticket fare from 1^st OP.

   In view of the foregoing discussion , we are of the considered opinion that complainant is liable to be allowed as there is deficiency in service  on the part of 1^st OP.

   In the result, complaint is allowed in part.  1^st Opposite party is directed to refund Rs.7950/- to the complainant together with Rs.5000/- towards compensation and Rs.3000/- towards cost of the proceedings.  The order shall be complied by 1^st opposite party within one  month  from the date of receipt of  the certified copy of this order, failing which Rs.7950/-+ Rs.5000/-  carries interest @12% per annum from the date of order till realization.  Complainant is at liberty to execute the order as per the provision of Consumer Protection Act 2019.

Exts:

A1&A2- postal receipts

A3- Lawyer notice

A4-reply notice

B1- Authorization letter

B2- True copy of  certificate of incorporation of 1^st OP

B3-True copy of Indigo COC

B4- Screen shot of message (subject to proof)
B5- Request of  refund  by complainant

B6-Screen shot of refund amount

B7- Cancellation details(subject to proof)
B8-SMS with regard to cancellation of  flight

B9- copy of the applicable CAR(subject to proof)

DW1-Kartik Bajpai-1^st OP
Sd/                                                                   Sd/                                                    Sd/

PRESIDENT                                             MEMBER                                        MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR