Complainant by filing this complaint has submitted that complainant needed to travel very regularly on account of his professional obligations and after knowing that complainant was a frequent-flyer, agents and officials of Kingfisher approached the complainant and offered to make him a King Club Member in order to induce him to choose Kingfisher exclusively for his travel needs and at that point of time complainant was completely swayed by the tall promises made by Kingfisher Airlines and relying upon their such false assurances complainant agreed to enroll for the King Club Membership.

          Subsequently to travel from Kolkata to Kochi, via Mumbai on Christmas day i.e. on 25.12.2010 with his wife, daughter and elderly mother-in-law purchased tickets from the authorized travel agent of Kingfisher sometime in September 2010 vide No. IT-3510 & IT-3172 for travelling from Calcutta to Mumbai and from Mumbai to Kochi and date of journey was 25.12.2010.

          But on or around 17.12.2010 while making a routine check of the flight details of complainant was shocked to find out that Kingfisher had withdrawn the services of Flight No.IT-3510 between Kolkata to Mumbai.  But it was not reported to the complainant and no notice or information whatsoever was sent to the complainant about withdrawal of service or about new bookings nor there was any previous indication of their intention to withdraw the services of that particular flight.

          Immediately complainant contacted Kingfisher’s Customer Care Department and brought the matter to their attention and demanded an explanation as to how the flight could be withdrawn without notice and how the airline unilaterally booked the complainant and his family on a different flight without taking into account the onward flight No.IT-3172 to Kochi and so complainant requested Kingfisher to cancel the tickets and demanded refund of the price of said tickets.  But Kingfisher officials represented to complainant that they would be making alternative arrangements from the flight from Kolkata to Mumbai so that complainant can avail the flight No.IT-3172 to Kochi, at their expense.  It was also informed to the complainant that as a member of King Club, the best alternate arrangements would be made for him and that he should not cancel his tickets and over the next few days the complainant expressed his anxiety over several e-mails and enquired if Kingfisher staff would assist the complainant to transfer the baggage from Jet Airways (the alternate suggested by Kingfisher) to the Kingfisher counter and helped the complainant check-in on the Kochi flight.  But Kingfisher official assured the complainant of their full cooperation and their best services.  However, even as late as 22.12.2010 Kingfisher had failed to make any confirmed booking with an alternative Airline between Kolkata – Mumbai.  But complainant requested Kingfisher to book them on the Jet Airways flight from Mumbai to Kochi as that would ensure that complainant faced minimum harassment and subsequently Kingfisher officials painted a very rosy picture and gave false assurance about their intention to cooperate with complainant and assist to transferring the baggage as well as the other matters and relying upon the false and misleading assurances of Kingfisher representatives complainant agreed to travel from Kolkata to Mumbai on Jet Airways Flight No.9W-0020 which was scheduled to depart from Kolkata at 06:05 AM and onwards from Mumbai to Kochi on flight No.IT-3172.

          Thereafter complainant has availed of the said flight from Kolkata to Mumbai and it was found that no one was there on behalf of Kingfisher official at the arrival gate to assist complainant as of their promise.  So complainant was compelled to collect their luggage from Jet Airways on thir own and rushed to the Kingfisher counter for availing the Flight No.IT-3172 to Kochi on which they had already checked-in the previous night by availing of the on-line facility.  But due to luggagecondition complainant failed to reach  the airport terminal in time and for which Jet Airways flight went to Mumbai departed at 10 AM.

          Subsequently complainant claimed a refund for the Mumbai to Kochi Sector on Flight No.IT-3172 from his travel agent and travel agent was informed by Kingfisher that complainant and his family had allegedly used the tickets, so no refund of the price of the Mumbai to Kochi ticket as well as suitable compensation cannot be given.

          If it was known to complainant that it was habit on the part of the Kingfisher in that case complainant shall be the member of the King Club and practically they have caused losses of the complainant for not availing of the Kingfisher Airline No.IT-3171 from Mumbai to Kochi and for which complainant suffered a loss of Rs.56,324/- and complainant claimed the same but op refused the same for which complainant has prayed for reimburse of Rs.56,326/- paid by the complainant for availing Mumbai to Kochi flight of flight Jet together with cost and compensation.

          Against the above assertion of the complainant op by filing written statement submitted that the flight No.IT-3150 of the answering op from Kolkata to Mumbai on 25.12.2010 in which the complainant had got booking, was clubbed with flight No.IT-512 due to operational reasons and all the passengers booked in flight No.IT-3510 were accommodated in flight No.IT-512.  However, on the request of the complainant he was provided tickets of Jet Airways without any extra cost to him and complainant missed his flight No.IT-3172 from Mumbai to Kochi due to late reporting at the Boarding Gate and refund of all the four tickets of the complainant amounting to Rs.11,628/- was made to the point of sale on 25^th January, 27^th January and 10^th February, 2011 and copies of the Refund Vouchers nos are enclosed with the written version.

          But regarding the complainant’s providing tickets of Jet Airways, the report from the Call Centre Manager Mr. Pushkaraj Jogal vide his e-mail dated 17.11.2011 is also annexed in view of the above submission fact that there was no deficiency on the part of the op and there was no question of unfair trade practice on the part of op.  It is further submitted that as per Airline Rules the flight disruptions in the Aviation industry are not uncommon and bad weather conditions, air traffic congestion, technical snags or operational exigencies are some of the reasons for the same.  This disruptions in the flight schedule are at time, unavoidable and therefore it is clearly mentioned in the terms and conditions of the op’s that flight services and best known to complainant and all other passengers also and same is published already in their ---------- and have required checking by the passengers.  Then further submitted that the staff of Kingfisher already informed the complainant and complainant boarded on late time.  Thereafter complainant completed the security check but it was too late for them to board the flight for which they failed to board flight of the present op for their journey Mumbai to Kochi and for which the entire allegation is false and fabricated.

          Further it was submitted that complainant was very well intimated these facts vide e-mail dated 12.01.2011.  Further op has submitted that the complainant has not satisfied as to which travel agent he had approached for refund as submitted in the premilinary objections the complainant’s tickets were booked through Flight Raja Travels and the refund of all the four tickets of the complainant amounting to Rs.11,628/- was made to the point of sale (Flight Raja Travels) on 25^th January, 27^th January ad 10^th February,2011 by the Refund Vouchers No.500791064, 500791060, 500791061 and 500800377 are already marked and complainant had approached an unauthorized agent namely Destination Expanding Horizons which had got the booking done through Flight Raja Travels and refund rolls back to the point of sale only, the complainant is required to collect his refund from Flight Raja Travels.  In the circumstances the op airlines is not liable for any refund.

          Fact remains complainant has made party Flight Raja Travels  as op and practically complainant knocked at the door of -----------and for which he did not get back the same.  In the circumstances, the complaint should be dismissed.

                                         Decision with reasons

          On proper consideration of the complaint and written version and also considering the refund vouchers as stated above we are convinced to hold that Flight Raja Travels received back the said amount of four tickets of complainant amounting to Rs.11,628/- on 25^th January, 27^th January and 10^th February,2011 vide Refund Vouchers No. 500791064, 500791060, 500791061 and 500800377 and invariably complainant was not aware of the fact that he purchased the said tickets from Flight Raja Travels and no doubt Flight Raja Travels is a party in this case but fact remains that complainant failed to avail of the flight from Mumbai to Kochi for their late journey.  Next flight time was 10 AM but complainant and his family in the terminal just after that for which the entire amount has been refunded forthwith and fact remains the complainant filed this complaint no doubt refund of the said amount but it is also equally true the complainant was not aware of the fact actually from which travel agent he purchased the said tickets but it is proved that Rs.11,628/- was refunded to Flight Raja Travels.  But complainant is entitled to and no doubt complainant could not  at the time of Flight Raja Travels refund of the same and if Flight Raja Travels did not return it in that case invariably complainant may get it from the op or op shall take such step for refund and the same amount along with cost of Rs.10,000/- because no doubt complainant failed to avail of that journey only in the cancellation of the said air of the op from Kolkata to Mumbai because complainant reached at Mumbai at about 09:50 AM whereas next journey was Mumbai to Kochi at 10 AM and within that period op actually harassed to help him as club member of that Kingfisher.  In that case invariably complainant ought to have availed of said journey.  But subsequently evidence support that op’s staff were apologized and they were not properly cooperate with the complainant for removal of the luggages from the airport of Mumbai for further journey from Mumbai to Kochi.

          In the light of the above observation we are convinced to hold that deficiency was on the part of the op and for their deficient and negligent manner and activities practically complainant suffered harassment, mental pain and agony also and in the circumstances complainant is entitled to get some relief out of the prayed reliefs.

          Hence, it is

                                                 ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/-.

          Op is directed to refund the said amount of Rs.11,628/- and or take such step for refund of the same after taking back it from Flight Raja Travels or take such step in this regard to pay the same to the complainant within two months from the date of this order along with compensation of Rs.10,000/- for causing harassment, mental pain and agony by the op.

          Op is directed to comply the order by satisfying the decretal amount within 2 months from the date of this order failing which for each day’s delay penalties @ Rs.500/- shall be assessed till full satisfaction of the decree and if op even after fails to comply it, in that case penal action shall be taken against them and their authority for which they shall be liable.