JUDGMENT  AND  ORDER

                                                 The case of the  complainant , in brief, is that  on 20^th March’ 2020  the complainant purchased a ticket in Thai Airways vide  Booking I/d  number  NN7113653469174 from  ‘Make My Trip India Pvt. Ltd.’ at  Rs.15,342/- ( Rupees fifteen thousand three hundred forty two ) only for a journey on 22/03/2020 from Kolkata to Bangkok.   But on the scheduled date  at the time of boarding the  flight  the  complainant was not allowed  to board the flight for non-production of  Covid negative certificate.  According to the  complainant, at the time of booking the ticket there was no pre-requisite condition to produce the Covid  negative certificate.  It has been claimed by the complainant that  he communicated for refund of money but the respondents willfully and deliberately did not respond to his letters and thus the acts of the O.Ps. have caused deficiency in providing service to him.  The complainant has, therefore, has  prayed for passing  an award for refund of Rs.15,342/- ( Rupees fifteen thousand three hundred forty two) only being the value of ticket alongwith  interest @ 20% per annum on the  said amount from the date of purchase ,  an amount of Rs.40,000/-  towards compensation for mental agony, pain & harassment and for cost of the proceeding.

                                                       The  Opposite Party  nos. 1 & 2  have jointly filed  a written statement  stating, interalia, that  there is no cause of action, that  the complaint has been filed supressing the material facts, that the complaint is bad for defect of parties etc.  It is stated by the answering O.Ps. that the O.P.  no.-1 merely acts as a facilitator for booking the confirmed  air tickets/hotel bookings on behalf of the customers with the concerned service providers.  Further statement  is that  the answering  O.P.  upon the request received from its customer forwards the same to the concerned Airlines through softwares embedded on its web portal.  That upon receiving the confirmation from concerned service providers, the Booking I/d is generated and confirmed bookings/tickets is shared with the customer.  Once the confirmed ticket is issued to the customer, the O.P.  No.-1 is discharged from its obligations and duties qua the said bookings.  According to  the answering O.Ps.  it is learnt from the complainant that he was not allowed to board the confirmed flight of Thai Airways for not carrying a  COVID-19 negative certificate at the time of boarding.  It is further stated that it was the sole responsibility of the complainant to procure and produce all the necessary travel documents including the COVID-19 negative  certificate  and the answering  O.P. shall not be held responsible/liable.  Under the circumstances it is prayed for dismissal of the case.   The  O.P.  No.-3   Thai Airways did not contest the case.

                                                         In  support  of  his  case the complainant  has submitted his evidence   on affidavit as PW-1  and  has  exhibited  some  documents.  On the other hand,  from the side of  O.P. Nos.-1&2  the evidence of  D.W.-1  Sri  Ekank  Mehra ,   Manager(legal) of the O.P.  Company  is also furnished by way of affidavit alongwith some exhibits.  Both parties have also submitted written argument in addition of the oral argument put forward by the learned counsels of the respective parties.  Perused the entire  evidence on record.

                                                           DW-1  in his evidence has stated the facts supporting the averments  made  in the written statement.  The version of DW-1 is that  the O.P.  no.-1 merely acts as a facilitator for booking the confirmed  air tickets on behalf of the customers with the concerned service providers.  The  O.P.  No.-1  upon the request received from its customer forwards the same to the concerned Airlines through softwares embedded on its web portal.  That upon receiving the confirmation from concerned service providers, the Booking I/d is generated and confirmed bookings/tickets is shared with the customer.  It is further stated by DW-1  that  once the confirmed ticket is issued to the customer, the O.P.  No.-1 is discharged from its obligations and duties .  The  DW has further claimed that it was the sole responsibility of the complainant to procure and produce all the necessary travel documents including the COVID-19 negative  certificate  and the  O.P.  shall not be held  liable  for that .   On the other hand, though  PW-1, the complainant, has claimed  that he was not allowed to board the flight for non-production of  COVID-19  negative  certificate but to substantiate the said fact no any paper has  been submitted  in the case.  Except  uncorroborated  oral  statement of  the PW  that he was not allowed to board the flight of Thai Airways  on the scheduled date  no any boarding pass  etc. has been submitted in the case  from which it can be presumed that  he (complainant)  went to the Airport in due time and  and after  procuring  the boarding  pass was ready to board the  flight. 

                                            From the above , we are of the considered  opinion that  the complainant has failed to prove  his case.  Accordingly, the case stands dismissed on contest against  O.P.  Nos. 1 & 2  and  exparte against  O.P.  No.-3.

                                            The  judgment and order is delivered today , on this 12^th day of  August’2022  under our signature and seal.