Haryana

Ambala

CC/208/2013

BRIJESH KUMAR SRIVASTAVA - Complainant(s)

Versus

KINGFISHER AIRLINES LIMITED - Opp.Party(s)

INPERSON

13 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                     Complaint Case No.:  208 of 2013

          Date of Institution    :  22.08.2013

          Date of Decision  :    13.08.2015

Brijesh Kumar Srivastava, 107/6 Dilbag Enclave Race Course Air Force, Ambala Cantt-133001 (Haryana).

……….Complainant

 

Versus

1.       Kingfisher Airlines Limited, 12^th Floor UB Tower, UB City No.24 Vital Mallya Road Banglore -560001 through its CEO.

2.       Kingfisher Airlines Limited, The Qube, C.T.S. No.1498 A/2, 4^th Floor, M.V. Road  Marol, Andheri (East),Mumbai-400059 through its Managing Director.

3.       Kingfisher Airlines Limited, Kingfisher House, Western Express Highway. Vile Parle (E), Mumbai-400057 through its G.M. Operations.

                                                                                       ……Opposite Parties

Complaint under Section 12 of the  Consumer Protection Act.

CORAM:    SH. A.K. SARDANA, PRESIDENT.

                   SH. PUSHPENDER KUMAR, MEMBER.                  

Present:       Complainant in person.

                   Ops exparte.

ORDER

                    Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) alleging therein that he purchased six confirmed air tickets from Ops i.e. Kingfisher Airlines Ltd. for a journey from Chennai to Port Blair on 04.04.2013 and return journey from Port Blair to Chennai on 10.04.2013 by paying a sum of Rs.43590/- on 14.09.2012 through on-line using his ICICI Debit Card at Ambala.  It has been further alleged by the complainant that he saw in the print media as well as in electronic media about mass cancellation of Kingfisher Airlines Flights because DGCA i.e. Director General Civil Aviation  had issued show cause notice to the Ops for not adhering to its flights schedule rather abruptly cancelling its flights during last 10 months causing great inconvenience to the  travelling public and thus the complainant made repeated calls to the Ops helpline number to ascertain the correctness of the news but the complainant was assured that his booked flight will depart as per schedule.   But suddenly on 13.03.2013, the complainant was informed vide e-mail regarding cancellation of his flight No.IT633 MAA IXZ & IT634 IXZ MAA by the Ops and thereafter the complainant enquired  about refund  of the confirmed booked tickets whereupon the complainant was promised by the Ops that full amount will be refunded within 3 weeks i.e. by the end of March 2013 but till 30.04.2013 no any refund was disbursed by the Ops  and then the complainant confirmed from the Customer Care Executive  of the Ops  who told the complainant that Kingfisher Flights are going to start next month and  you will get your refund  on resuming of flights.  Thereafter, till date no any refund has been disbursed to the complainant which is admittedly a deficiency in service on the part of Ops. Besides it, the Ops have deliberately delayed information of cancellation of flights so as to use the money of complainant which is also an example of unfair trade practice committed by the Ops with the complainant. In the end, the complainant requested for issuance of  direction to the Ops to refund the cost of confirmed tickets with interest alongwith compensation and litigation expenses etc. as mentioned in the prayer clause of the complaint.

2.                Due notices were served upon the Ops through registered post but they did not bother to appear before the Forum and as such, they were proceeded against exparte vide order dated 11.11.2013 & 17.02.2014 respectively.

3.                To prove his case, the complainant has tendered his affidavit as Annexure CX alongwith documents as Annexures C-1 to C-6 which are detailed as under:-

                   Annexure C-1                Confirmed tickets booking receipt dated

14.09.2012.

Annexure C-2                Summary of accounts of ICICI Bank qua disbursement of Rs.43590/- to the Ops on 14.09.2012 from the account of complainant.

Annexure C-3                e-mail dated 13.03.2013 regarding cancellation of flights by the Ops.

Annexure C-4                Show cause notice issued by DGCA to  Kingfisher i.e. Ops.

Annexure C-5                Suspension of Ops flying licence by DGCA.

Annexure C-6                Detail of persons who have not been disbursed their refund qua cancellation of confirmed tickets.

4.                We have heard the complainant and perused the record. On perusal of document Annexure C-1, it reveals that OPs issued  six confirmed air tickets to the complainant on 14.09.2012  for its flight No.IT 633 from Chennai to Port Blair for 04.04.2013 and back flight No.IT 634 for 10.04.2013 from Port Blair to Chennai against a receipt of Rs.43590/- from the account of the complainant (Annexure C-2) and after about six months, Ops informed the complainant regarding cancellation  of flights IT 633 and IT 634 respectively though the complainant already confirmed about cancellation  of flights after coming to know from the electronics as well as print media vide Annexures C-4 & C-5. Further after cancellation of flights, Ops were bound to refund the amount of Rs.43590/- immediately alongwith interest to the complainant but they failed to do so inspite of repeated requests of the complainant which is admittedly a deficiency in service as well as unfair trade practice on the part of Ops.

                   In view of facts discussed above, we have no hesitation in holding that the Ops  are not only deficient in providing  proper services to the

complainant by not refunding the amount already received by them against selling of air tickets to the complainant rather they have committed unfair trade practice  by withholding the amount of the complainant.  Accordingly we  allow the present complaint  and direct the Ops to comply with the following directions within thirty days from the communication of this order:-

(a)       To refund a sum of Rs.43590/- to the complainant alongwith simple interest @ 10% per annum w.e.f. 14.09.2012 to till its realization.

 

(b)       To pay a sum of Rs.10,000/- as compensation on account of harassment & mental agony etc. caused to complainant for  a long period of about 3 years ( i.e. from the date of purchase of the tickets to till the decision of the case)

 (c)      Also to pay Rs.5,000/- as costs of litigation etc.

 

 

 

 

                             Further the award in question/directions issued above must be complied with by the OPs  within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. Copies of this order be sent to the parties concerned, free of costs. File be consigned to the record room after due compliance. 

 Announced: 13/08/2015                                                      

 

 

 

 

                                                                                                          

                                                                                                            Sd/-

                                                                                             (A.K. SARDANA)

                                                                                                        PRESIDENT

 

                                                                                                 Sd/-                                                                                                                                             (PUSHPENDER KUMAR)

                                                                                             MEMBER