DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB          : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 25^th  day of August 2023

C.C.234/2015

Complainant

Saseendran.P.T

Varada House, Cheekkonnu west-P.O,

Kakkattil – Via,

Vadakara Taluk,

Kozhikde – 673 507.

(By Adv.Sri.Akhilesh.P.T)

Opposite Parties

1. Lipin Diera Travels and Tourist Agency

YMCA Cross Road,

Mareena Residency Hotel,

          Kozhikode.

(By Adv.Sri. P.P.Hashick)

2. Spicejet Limited

390 Odhoylee Vihar, face IV,

Gurgaon, Hariyana, India – 122 016.

Rep. by its office at Nedumbassery Airport,

         Kochi.

ORDER

By Sri. Sri.V. BALAKRISHNAN– MEMBER

          This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2. The case of the complainant, in brief, is as follows:

                    The complainant’s son with a view to continue M-Tech studies at Australian University of Dubai booked Air ticket with first opposite party on 28-08-2014. The travel was scheduled on 05-09-2014 at 5.20 AN by Spice Jet Airlines from Nedumbassery Airport. On the day of booking his son Mr.Hementh G.S paid Rs.27,500/- to first opposite party and received the receipt voucher. The first opposite party assured that the ticket would be issued on that day evening via e-mail. But Air ticket was not sent on same day. It was sent only on 03-09-2014 at 7.30 PM.  He was unable to forward a copy of ticket to the University authorities in time. On 04/09/2016 his son requested the first opposite party to cancel the Air ticket. Then the first opposite party informed the complainant that the booking was done in group ticket and amount as such cannot be refunded, only thing that could be done would be to adjust the amount while booking the air ticket next time.

3. Thereafter visa was issued and the complainant contacted the first opposite party to return the cash adjustment of cancelling of the earlier booked ticket for issuing new ticket. The first opposite party demanded to pay Rs.33,900/- for the new ticket stating that there was no reimbursement on earlier booked ticket. So he himself booked a new ticket through online. Information from the PRO of the first opposite party was received to the effect that one Mr. Shamsudheen had travelled in the scheduled flight on 05-09-2014 instead of Mr. Hementh G.S, the son of the complainant.
4. At the time of issuing the ticket the first opposite party had not revealed that it was a group ticket booking. The ticket was booked in the flight operated by the second opposite party with the belief that it is an established travel company. It can be seen that there was suppression of material facts and their acts amount to deficiency in service. He and his son lost valuable time and money and suffered mental agony due to the above happenings.  Also, the complainant’s son was denied available opportunities to participate the orientation classes conducted by the Australian University in Dubai on 07-09-2014.
5. The complainant has approached this Commission to pass an order directing the opposite parties to pay an amount of Rs.73,000/- to him being the fare of flight ticket which was already cancelled, including compensation and other expenses.
6. The first opposite party filed version. Almost all the averments and allegations in the complaint are denied by the first opposite party. The complainant’s son had approached them for the ticket to Dubai and he was advised that a group was being formed for the travel to Dubai on 05-09-2014 and if he opted to travel along with the group, then the fare would be Rs.27,500/- against normal prevailing rate of Rs.33,500/-. He was advised that if he opted to travel with the group, and then once the ticket was booked, there would be no option for cancellation and there would be no refund under any circumstances. The complainant’s son chose to travel with the group and purchased the ticket accepting and agreeing those conditions. The complainant’s son was informed that the ticket would be e-mailed to him only after the group was constituted completely.  No specific date was given except that this would be prior to the date of journey. There had been no discussion by the first opposite party with him regarding visa requirements. When the intimation was given that he was not in a position to travel on 05-09-2014, it was clearly pointed out to him that as per the conditions agreed by him no refund was possible as the said ticket booked belongs to group booking which falls under PROMO/SALE fares.
7. Regarding the allegation that one Shamsudheen had travelled on the ticket, it was an adjustment made by the travel agencies when any person in a group ticket fails to turn up.  They are in travel business for last several years and are giving quality services.  So the complaint is to be dismissed.
8. The second opposite party was set ex-parte.
9. The points that arise for determination in this case are;

   (1). Whether there was any deficiency of service on the side of the opposite parties, as alleged?

                 (2). Reliefs and costs.

10. Evidence consists of oral evidence of PW1 and PW2 and Exts.A1 to A10 on the side of the complainant.  On behalf of first opposite party RW1 and RW2 were examined.  Ext B1 was marked on the side of first opposite party.  
11. Argument notes were filed by complainant and first opposite party.
12. Point No.1 :  The complaint is filed on behalf of Mr.Hementh.G.S by his father.  Mr.Hementh was a student at the relevant time for whom flight ticket was booked.
13. The main allegation against first opposite party is that there was delay in issuing confirmed ticket and no information was given that it was a group ticket even after making payment well in advance, as a result, the Visa was also delayed.  Ext A1 is the receipt voucher, issued by first opposite party at the time of ticket booking.  There is no indication in Ext A1 about the type of ticket whether it is an individual ticket or group ticket.  Ext A2 is the confirmed ticket of flight No.SG17 on the day 05/09/2014 issued by the second opposite party.  Ext A3 is the confirmed ticket which shows the closed status of the flight No.SG17 on the day 05/09/2014.  Ext A8 is the student visa sponsorship procedure of UNIVERSITY OF WOLLONGONG IN DUBAI (UOWD).
14. It is an admitted fact that the confirmed ticket was emailed to the complainant by first opposite party only on 3^rd September 2014 at 7.30 p.m knowing the fact that journey date was on 05/09/2014.  From Ext A1 it is clear that payment was given on 28/08/2014.  In Ext A8, 3.2.2 requirement, a specific direction is there to scan and email copy of airline ticket.
15. Going through Ext A2 and Ext A3 it is very clear that both tickets are having same PNR, MTQP4V for the flight No.SG17 operated between KOCHI and DUBAI on 05/09/2014 at 5.20pm.  In Ext A2, Passenger Information List the name of Mr.HEMENTH.G.S is there as the 19^th passenger.  Ext A3 passenger information list clearly mention that another passenger  had travelled instead of complainants’ son in the scheduled flight.
16. Going through Ext A3 fare split up details, provision of change/cancel fee of Rs.1,850/- is seen there.  So the contention of the first opposite party that there is no provision for cancellation of group ticket cannot be believed.  The specific case of complainant is that he has not requested for a group ticket and he was totally unaware of fact that it was group booking.  There is no evidence that the complainant had requested group booking or that he was aware of it.  The ticket was issued to him only on 7.30 p.m on 03/09/2014.  The act of the opposite parties in venturing group booking without consent and knowledge of the complainant amounts to deficiency of service.  Admittedly the refund was not made after deducting cancellation charges, if any.  Admittedly another person had travelled in his slot.  So there was no loss to the opposite parties.  The act of opposite parties in not refunding the amount also amounts to deficiency in service.
17. To sum up, we hold that there is deficiency of service on part of opposite parties.  The opposite parties are bound to refund to the complainant the ticket fare less change/cancel fee of Rs.1850 as shown in Ext A3 (Rs.27,500 - Rs.1,850 = Rs.25,650).
18. Point No. 2 : In the light of the finding on the above point, the complaint is disposed of as follows:               

1. C.C.234/2015 is allowed in part.
2. The opposite parties are directed to pay a sum of Rs.25,650/- (Rupees Twenty Five Thousand Six Hundred and Fifty only) to the complainant.
3. The order shall be complied with within 30 days from today, failing which, the amount of Rs.25,650/- shall carry an interest @ 6% per annum from the date of this order.
4. No order as to costs.

  Pronounced in open Commission on this, the 25^th day of August, 2023.

Date of Filing: 29-04-2015.

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PRESIDENT                                MEMBER                                  MEMBER

APPENDIX

Exhibits for the Complainant:

Ext A1 -Copy of the Receipt voucher issued by 1^st opposite party.

Ext A2 - Copy of the confirmed ticket of Flight No.SG17 on the day 05/09/2014.

Ext A3 -Copy of the confirmed ticket showing closed status of the flight SG17 on the day 05/09/2014.

Ext A4 – Conditional offer of admission of UNIVERSITY OF WOLLONGONG IN DUBAI.

Ext A5 - Copy of the lawyer notice sent to 1^st opposite party.

Ext A6 - Acknowledgement Card of Dept. of Post, Govt. of India.

Ext A7 - Reply letter of the lawyer of 1^st opposite party.

Ext A8 - Student Visa sponsorship procedure of UNIVERSITY OF WOLLONGONG IN DUBAI (UOWD).

Ext A9 - Copy of the flight ticket of Kochi-Dubai flight on the day 10/09/2014 travelled by the complainant.

Ext A10 - Online visa details of the complainant travelling to Dubai.

Exhibits for the Opposite Parties:

Ext.B1 –Copy of the confirmed ticket sent to the complainant by 1^st opposite party.

Witnesses for the Complainant:

PW1 -Saseendran.P.T (Complainant).

PW2 -Harilal.

Witnesses for the opposite parties:

RW1 -Shyju.P.V.

RW2 -Abdul Kareem.

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PRESIDENT                                MEMBER                                  MEMBER

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