BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 20/09/2010

Date of Order : 30/06/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 509/2010

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows : -

The complainant's son Kipson Jojo had booked five confirmed air tickets on 25-08-2010 in the opposite party's flight No. KU-352 for himself, his wife, 2 kids and their maid from Cochin to Kuwait. But those tickets were abruptly cancelled unilaterally on the last day of the booked flight by the opposite party without prior permission or knowledge and those tickets were presumably allotted to some one else. However, the complainant's son could fly to Kuwait with his family by the Oman Airways on the same day via. Muscat. The complainant's son was scheduled to report back to duty on the same day after his annual vacation. On account of the same, the complainant's son suffered heavy financial loss for the Oman tickets purchased at the last minute and also caused severe mental agony and physical strain for himself and the family. So, the complainant is before us seeking direction against the opposite party to refund Rs. 97,000/-, the cost of the tickets together with compensation. This complaint hence.

2. The version of the opposite party is as follows :-

The complainant has no locus-standi in filing the complaint as he was neither the passenger nor legally authorised by the passengers to file the complaint. The e-tickets issued by the opposite party show that confirmed tickets were not issued to Mrs. Kuriakose/Cibi and Mrs. Yohannan/Jessy for travel in flight No. KU-352 on 25-08-2010 instead ticket was for travel for 27-09-2010 and confirmed ticket for travel to Mr. Yohannan/Jessy was issued for 29-10-2010. The other 3 passengers had confirmed booking for travel for 25-08-2010, they did not turn up to travel on the said day. The reservation sheets showing that all the passengers were having confirmed booking as travel on 25-08-2010 seems to be a bogus one. The said ticket was issued by M/s. Al-Rashid International Travel, Safat, Kuwait and they are a necessary party to the complaint. In the event of not traveling on a ticket, it is for the passenger to obtain refund from the IATA agent from who he obtained the ticket and paid the ticket charge. There is no deficiency in service on the part of the opposite party. The complainant is not entitled to get any of the reliefs as claimed for.

3. The complainant was examined as PW1 and Exts. A1 to A11 were marked on his side. The witness for the opposite party was examined as DW1. Exts. B1 to B4 were marked on their side. Heard the learned counsel for the parties.

4. The points that came up for consideration are :-

1. Whether the complainant has locus-standi in filing this complaint?

2. Whether the complainant is entitled to get refund of Rs. 97,000/- being the price of the air tickets of 5 passengers?

3. Whether the complainant is entitled to get compensation from the opposite party?

5. Point No. i. :- Admittedly, the complainant's son and his family booked e-tickets with the opposite party. Ext. A1 is the authorisation letter issued by the complainant's son authorising the complainant to take necessary action against the opposite party. This Forum being for redressal of grievances of consumers, we think that a liberal approach should be taken for the better protection of the consumers in view of the preamble of the Consumer Protection Act.

6. Point No. ii. :- According to the complainant, the complainant's son and family were holding the following confirmed tickets for their journey from Cochin to Kuwait on 25-08-2010 in flight No. KU-352 operated by the opposite party.

Sl. No.	Date of Journey	Exhibits	Name of the Passenger
	25-08-2010	A3	Jojo Kipson
	“	A4	Cibi Kuriakose
	“	A5	Paul Kmstr Jojo
	“	A6	Alex Kmstr Jojo
	“	A7	Jessy Yohannan

7. The opposite party vehemently and vigorously disputed the genuineness of Exts. A4 and A7 tickets. They maintain that Exts. A4 and A7 are tickets not confirmed but wrongly stated as confirmed. It is to be noted that Exts. A3 to A7 e-tickets are only photocopies, the required certification contemplated in Section 73 A of the Indian Evidence Act is not complied with in Exts. A3 to A7. So, they are inadmissible in evidence especially so, the opposite party disputes the grievances of Exts. A4 and A7 and the opposite party contends the above tickets were confirmed only on 27-09-2010 and 29-10-2010 respectively.

8. The opposite party took a contention that the tickets were booked through Al-Rashid International Travel, Safat, Kuwait and they are a necessary party to the proceedings. The complainant neither took steps to implead the agent nor to prove the authenticity of the tickets. In our view, the above contention is sustainable in law. In the above circumstances, we cannot fasten any negligence or deficiency in service on the part of the opposite party. However during evidence, DW1 the witness for the opposite party stated that Exts. A3 to A7 tickets are refundable even as of then. The complainant's son is free to approach the opposite party to get the price of the tickets refunded fully, if we desires so and if so advised.

9. Point No. iii. :- This Forum is of the considered view that the primary grievance of the complainant having been squarely met, no compensation is called for.

The matter shall be concluded positively within a period of 45 days on receipt of a copy of this order.

Pronounced in open Forum on this the 30^th day of June 2012.

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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