West Bengal

Siliguri

CC/2014/16

SRI SAYANTAN MOITRA - Complainant(s)

Versus

KINGFISHER AIRLINES LIMITED, - Opp.Party(s)

11 Jun 2015

ORDER

Consumer Case No.16/S/2014

 

 

Order No.21.

Dt.12.06.15.             This case has been heard exparte.

The complainant’s case in brief is that he booked a flight with OP Nos. 1 & 2 through Proforma OP No.3 for journey from Bagdogra to Mumbai on 14.04.2012, and another flight from Mumbai to Bagdogra on 17.04.2012.  The complainant had booked the said flights in connection with the treatment of his mother at TATA Memorial Hospital, since she was suffering from cancer.  The complainant incurred expenses of Rs.22,278/-, and he obtained appointments with the doctors at the hospital. On 14.04.2012 when the complainant reached Bagdogra Airport, he learnt that both the flights for which he had booked tickets were cancelled.  The complainant alleges that OP Nos.1 & 2 did not inform him of such cancellation.  The complainant got in touch with Kingfisher Airlines at Bagdogra Airport, and asked them to make alternate arrangements so that he could arrange for his mother’s treatment, but he obtained no relief.  Left with no other option, the complainant and his mother flew to Mumbai by a different airline, and he incurred huge expenses on that occasion.  On returning to Jalpaiguri, the complainant demanded refund from the OP No.1 of the entire sums, he had paid for booking the tickets, as also for the additional expenses he incurred for the alternate journeys. But the OP Nos.1 & 2 did not comply.  The complainant accordingly filed this case praying that the OP No.1 be directed to refund him the said sums with interest, and he prays for compensation, and cost of litigation as well.     

The OP/Kingfisher Airlines Limited did not contest the case though written averment was filed by them.

The OPs denies all allegations and stated that on that date due to strike of the officers’ of the OPs the flight No.IT 3344, IT 314 and IT 300 were cancelled on 14.04.2014 and 17.04.2012 due to strike of Engineers and other staffs and the complainant was informed about the same by SMS on 04.04.2012 on the Mobile No.9475200463 available in the Consumers PNR.  But the OP did not come and did not contest the case and did not file any evidence in support of their contentions.  So, the case has been heard exparte. 

The complainant has examined as PW No.1 and adduced evidence.  In para-3 he stated that he incurred a total expense of Rs.22,278/- towards booking of the said flights.  In para-8 complainant

 

Contd.......P/2

-:2:-

 

 

stated that the complainant demanded for refund of the entire sum of Rs.22,278/- towards booking of the said flights along with a sum of Rs.80,000/-, the additional expense incurred by the complainant for travelling to and from Mumbai due to cancellation of the said flights, but the OP Nos.1 and 2 refused to entertain him.  The complainant has also filed documents in support of his contention in affidavit marked annexure A - E.  The documents are following :-

1. Information by the OP No.3 regarding booking of the flights being   

No. Kingfisher IT-3344 and Kingfisher IT-300 (Annexure –A).

2. Booking details of the flights being No. Kingfisher IT-314 and Kingfisher IT-300 (Annexure-B).
3. Cancellation details of the flights being No. Kingfisher IT-3344 and Kingfisher IT-300 (Annexure - C Series).
4. Medical documents of Smt. Baruna Moitra at TATA Memorial Centre in Mumbai (Annexure-D).
5. Order No.18 dated 21.11.2013 of the District Consumer Disputes Redressal Forum at Jalpaiguri being C.C. 04/2013 (Annexure-E).

There is nothing in record to disbelieve the evidence on oath and documents filed by PW No.1. 

On the contrary it is admitted that the complainant was a passenger on the scheduled date.  Some other Xerox copy of papers regarding treatment in the TATA Memorial Cancer Hospital supports the complainant’s case regarding from Bagdogra to Mumbai.  Accordingly the case proves.  The complainant is entitled to get relief as prayed for.

Thus, after a deep deliberation over the materials on record, and version in written notes on argument, we are of opinion that the case should be exparte the complainant is entitled to get relief as prayed. 

IPO is correct. 

Hence, it is

                                                 O R D E R E D

that Consumer Case No.16/S/2014 is allowed exparte.

The complainant is entitled to get refund of the entire sum of Rs.22,278/- towards booking of the said flights.

The complainant is further entitled to get Rs.10,000/- towards compensation for his mental pain, agony and harassment including litigation cost and other professional fees.

Contd.......P/3

-:3:-

 

 

The OPs, who are jointly and severally liable, are directed to pay Rs.22,278/- by issuing an account payee cheque in the name of the complainant for refund of the entire sum towards booking of the said flights, within 45 days of this order. 

The OPs are also directed to pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant towards compensation for his mental pain, agony and harassment including litigation cost and other professional fees, within 45 days of this order.

Failing which the amount will carry interest @ 9 % per annum from the date of this order till realization.

In case of default of payment as ordered above, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the complainant free of cost.

 

 

                   -Member-                                                        -President-