BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No:1383 of 2009

Date of Institution:  15.10.2009

Date of Decision  :  11.06.2010

Gurmeet Singh son of Sh.Ajmer Singh, Resident of village Tarkhan Majra, Post Office: Sirhind, distt. Fatehgarh Sahib.

 ……Complainant

V E R S U S

1]       M/s Hargobind Travels, SCO No.94-95, Sector 34-A, Chandigarh through its Prop. Sh.Gurdeep Singh.

2]          Incharge/Head, Alitalia Airlines, Golf View, corporate Tower ‘A’ Sector 42, Main Sector Road, Gurgaon 124002

3]          Incharge/Head, Alitalia Airline, DCM Building, Barkhamba Road, New Delhi

.…..Opposite Parties

CORAM:          SH.LAKSHMAN SHARMA                           PRESIDENT

                    SH.ASHOK RAJ BHANDARI              MEMBER

MRS.MADHU MUTNEJA                        MEMBER

PRESENT:      Sh.Inder Singh, Adv. for complainant.

OPs are exparte.

PER MADHU MUTNEJA, MEMBER

                    This complaint has been filed by Sh.Gurmeet Singh, complainant under Section 12 of the Consumer Protection Act praying that the OPs be directed to refund Rs.37,500/- against the unused air ticket as well as compensation for mental & physical harassment and deficiency in service, along with cost of litigation.

                    The summarized facts of the case are as under:-

1]                 The complainant had purchased return air tickets of OP No.2 through OP No.1 for the onward & return journey from Delhi-Milan-Athens.  Expected departure was on 24.1.2008 and return was on 5.2.2008. The air tickets were valid for six months.  The complainant while in Athens had contacted OP No.1 & 2 a number of times for the confirmation of his seat for 5.2.2008 for his return journey but all his efforts were unsuccessful. Eventually, on 25.6.2008 the complainant had to purchase another air ticket from Jordan Airlines for the return journey from Athens to Delhi by spending 625 Euros (Rs.37,500/- approx. as per Indian currency).

                    On reaching India, the complainant contacted OPs for refund of the amount spent on purchase of new air ticket and compensation for harassment.  On 3.7.2008 the OP No.2 only offered to reprotect the passenger for penalty of Rs.3000/- because of date change.  Thereafter the complainant visited OPs many times.  However, OPs did not pay any heed to his requests.  Therefore, the complainant had no other option but to file present complaint alleging the above act of the OPs as gross deficiency in service and unfair trade practice.

2]                 Summons sent to OP No.1 were received back undelivered with the report of refusal.  Since, none appeared on behalf of OP No.1, hence they were proceeded exparte on 27.11.2009.

3]             The address of OPs No.2 & 3, could not be located, so they were duly served through publication in daily “Des Sewak” on 21.4.2010.  Since no one appeared on their behalf after the date of publication, they were also proceeded exparte on 28^th may, 2010.

4]                 We have heard the learned counsel for the complainant and perused the evidence and written arguments led by the complainant in support of his contentions. 

5]             As alleged by the complainant since his return journey could not be confirmed by the OPs, he was compelled to purchase an air ticket of Jordan Airlines to Delhi.  When he approached the OPs for refund of the amount spent on the purchase of the new ticket, they only offered Rs.3000/- because of change of date of journey.  

6]             Taking a look at the details already mentioned above and the distress suffered by the complainant in a foreign land, we are of the opinion that this complaint needs to be allowed.  The OPs cannot wriggle out from their liability by just paying Rs.3000/- to the complainant.  

7]             This complaint is therefore allowed.  The OPs are jointly & severally directed as under:-

i)         To pay Rs.37,500/- to the complainant, which is the amount spent on the purchase of fresh ticket for his return journey.

ii)        To pay Rs.10,000/- to the complainant as compensation for the harassment suffered due to the deficient act of OPs.

iii)       To pay Rs.5000/- to the complainant as cost of litigation. 

                    This order be complied with within 45 days from the date of receipt of copy of this order, failing which the OPs shall jointly and severally be liable to pay the above amount of 47,500/- along with interest @12% per annum from the date of filing the complaint i.e. 15.10.2009 till the date of actual payment besides the cost of litigation.

8]                 Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

11.06.2010                                                                      Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                                                 Sd/-

                                                                   (ASHOK RAJ BHANDARI)

MEMBER

                                                                             Sd/-  

                                                             (MADHU MUTNEJA)

MEMBER

‘Om’