IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated this the 10^th day of March, 2022

Present:  Sri. Manulal V.S. President

Smt. Bindhu R. Member,

Sri. K.M. Anto, Member

C C No. 212/2020 (filed on 28-12-2020)

Petitioner                                  :   Raju Sebastian,

                                                    Chirakkuzhiyil House,

                                                     Vempally P.O.,

                                                     Kottayam – 686633.

                                                                   Vs.

Opposite parties                       :    1)  The Chief Executive Officer,

                                                          Jet Airways, Siroya Centre,

                                                          Andheri, Mumbai.

                                                     2)  Chairman & Managing Director of

                                                          IRCTC,B-148, 1^st Floor a Wing,

                                                          Statesman’s House, Barakhamba Road,

                                                          Cannaught Place, Delhi 110008. 

                                                          O  R  D  E  R

Smt. Bindhu R. Member

The complaint is filed under Section -12 of the Consumer Protection Act 1986.

The brief of the complainant case is as follows:

The complainant had booked three flight tickets for their onward journey from Kochi to New Delhi on 03.04.2019 and return tickets from New Delhi to Kochi on 07.04.2019 through the second opposite party.  The return journey was booked with the first opposite party. Before the scheduled departure from Kochi the second opposite party informed the complainant that the flight on 07.04.2019 for their return journey was cancelled by the Airline first opposite party and the Airline is ready to give full refund if they agree for cancellation of the tickets.  The complainant offered his willingness for the cancellation of the tickets.  But only Rs.14,658/- was returned to the complainant as the cancellation charge.  The complainant was forced to book another flight tickets for their return journey.  The return journey ticket had cost him Rs.19,437/- and that too only on 08.04.2019.  The complainant and his family had to stay one more day at New Delhi.  The complainant paid Rs.15,072/- to the second opposite party for their return journey ticket but only Rs.14,658/- was returned after the cancellation of the Air tickets.  There is a shortage of Rs.354/- .  Moreover the tickets for their return journey with another airline on 08.04.2019 cost him Rs.19,437/-.  The complainant incurred an additional expenditure of Rs.4,779/- and mental hardship due to the deficiency in service on the part of the opposite parties.  Hence this complaint.   On admission of the complaint, copy of the complaint was duly served to the opposite parties.

The complainant field proof affidavit and marked Ext.A1 to A7.  The opposite parties failed to file their version or to appear before the Commission to defend their case.  The opposite parties were set ex parte.

On the basis of the complaint, proof affidavit of the complainant, and evidence adduced, we would like to consider the following points:

1. Whether the opposite parties committed deficiency in service to the complainant.     
2. If so what are the reliefs and costs. 

For the sake of convenience we would like to consider the points No:1 and 2 together.

On the basis of the complaint, proof affidavit of the complainant and evidence on record it is clear that the complainant had booked three flight tickets for their journey from Kochi to New Delhi on 03.04.2019 and return journey from New Delhi to Kochi on 07.04.2019.   The flight tickets for the onward journey from Kochi to New Delhi was booked with Indigo Airlines and the return journey with the Jet Airways, the first opposite party herein.

Ext.A1 is the e-mail dated 14.02.2019 from the second opposite party confirming the Air tickets from Kochi to New Delhi on 03.04.2019 by Indigo Airlines and return journey from New Delhi to Kochi on 07.04.2019 by the first opposite party Jet Airways.

Ext.A2 is the e-mail received from the second opposite party dated 27.03.2019 informing the non-operation of flight by the Airline on 07.04.2019 from New Delhi to Kochi and offering full refund if they are willing for the cancellation of the tickets.  Ext.A3 is the e-mail sent by the complainant to the second opposite party informing the willingness for the cancellation of the return tickets.  Ext.A4 is the e-mail dated 29.03.2019 from clear trip confirming Air tickets from New Delhi to Kochi on 08.04.2019 by Air India. Ext.A5 is the copy of tickets from Kochi to New Delhi on 03.04.2019 by Indigo Airlines, Ext.A6 is the copy of the Air tickets from New Delhi to Kochi on 08.04.2019 by Air India.  Ext. A7 is the clear trip invoice dated 29.03.2019 giving the description of flight booking by Air India from New Delhi to Kochi.  Ext. A7 shows that the net amount charged for the journey from New Delhi to Kochi is Rs.19,437/-.  As per Ext.A2 we can see that by the cancellation of the flight on 07.04.2019 was intimated to the complainant on 27.03.2019.  Moreover even though the complainant claims that he had paid Rs.15,012/- for the return journey with the first opposite party no invoice issued by the second opposite party is produced to establish the said payment.   It is the 2^nd opposite party who had booked the up and down tickets for the complainant.  The return ticket was booked with the 1^st opposite party.  Ext. A2, sent by the 2^nd opposite party informing the complainant that the said flight was non operational and the 1^st opposite party was ready to repay the full amount if the complainant agreed for cancellation. Though the 2^nd opposite party informed the cancellation in advance, they refunded only Rs.14,658/- instead of Rs.15,012/- as per the complaint.  The complainant alleges that he had paid Rs.15,012/- for the return journey.  We have no contrary evidence before us to disprove this.  So the 2^nd opposite party is liable to refund the difference amount that is Rs.354/-.  Hence the points are found in favour of the complainant and the complaint is allowed in part.

1. The 2^nd opposite party is directed to pay Rs.354/- to the complainant.
2. The 2^nd opposite party is directed to pay Rs.2,500/- as compensation to the complainant.

The order shall be complied within 30 days from the date of receipt of order.  If not complied as directed, the amounts will carry 9% interest from the date of order till realization. 

Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Commission on this the 10^th  day of   March, 2022.

                        Smt. Bindhu R.  Member       Sd/-

                        Sri. Manulal V.S. President   Sd/-

                        Sri. K.M. Anto, Member        Sd/-

Appendix

Exhibits marked from the side of complainant

A1- Copy of the email dated 14.02.2019

A2- Copy of the email dated 27.03.2019

A3- Email sent by the complainant to the opposite party

A4- Copy of the email  dated 29.03.2019

A5- Copies of airtickets from Kochi to New Delhi on 03.04.2019

A6- Copy of the airtickets from New Delhi to Kochi on 08.04.2019

A7- copies of clearship invoice No.190329631450

Exhibits marked from the side of opposite party

Nil

                  By Order 

                                                                                               Assistant Registrar