Order-17.
Date-05/06/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short, is that complainant is studying in University of Sussex, UK and he was scheduled to return India on September, 28, 2015, and he bought a flight ticket from London to Kolkata through OP. But due to some urgent project the complainant had to alter his plan and wanted to schedule the return ticket in January, 2016. The OP for rescheduling of the flight charged Rs.16,800/- as a date change penalty and the complainant also duly paid the said amount. The complainant, thereafter, came to know over telephonic discussion that due to some technical arrear, O.P. are unable to obtain new ticket. The complainant on receiving such information asked OP to return the previous ticket as no new ticket was issued and also asked refund of the amount of Rs.16,800/-which the complainant has already paid as rescheduled charges. Unfortunately, OP informed that the charge is non-refundable and in order to get the previous booked ticket date of journey being September 28, 2015, the complainant will be charged with the date change penalty again. The complainant asked the OP to get back the ticket as no ticket was issued and the amount was charged but OP repeatedly asked to pay the date change penalty once again. The OP failed to establish any reason for not returning the previous ticket and / or in returning the booked ticket dated 28-09-2015. The complainant has alleged that he has not received any new ticket for January. The complainant has alleged deficiency of service and unfair trade practice against the OP. Hence, this case.
OP has contested the case in filing written version contending, inter alia, that the present compliant is not maintainable either in fact or in law and is liable to be dismissed in limine. It is stated that the present case is bad in the eyes of law for non-joinder of concerned airline i.e. Air India. It is submitted that the complainant made a booking in question using internet and OP simply acted as a booking agent. Whatever entries were filled in by the complainant at the time of booking, the tickets were formed accordingly after the payment was made by the complainant to that respect. Thereupon, when rescheduling of the flight was asked by the complainant, the requisite steps were taken by OP. However, later on after one hour the complainant chose to fly on the original date itself but the ticket on the said original date was already released at that point of time and OP was in a process to issue new ticket for a different date as asked by the complainant. Accordingly, a fresh ticket was issued by the OP for the original date, as per the fresh request of the complainant. It is to be noted that in this whole process some charges as decided by the Airline, was levied on the ticket of the complainant. The same was also informed to the complainant and which is the subject matter of the instant complaint. It is stated that OP simply acted as a booking agent and performed its limited duty to make confirm booking of the tickets in the name of complainant, as asked and informed by the complainant. it is also stated that OP does not have any say in the operational issues of service provider i.e. airline or the charges (date of change) to be borne by the customers. It is stated that the complaint is bad in the eyes of law for non-joinder of airline as necessary party. It is stated that OP acted as a facilitator for booking airline tickets for complainant in flight operated by the Airline. It is stated that OP is not liable for deficiency in service and has prayed for dismissal of the case. It is stated that complainant is guilty of misrepresentation and concealment of true fact. This OP has prayed for dismissal of the case.
Point for Decision
- Whether OP has been deficient in rendering services to the complainant?
- Whether OP has indulged in unfair trade practice?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. Xerox copy of e-ticket, booking date 07-05-2015, departure date being 28-09-2015 from London to Mumbai and Mumbai to Kolkata on 29/09/2015, Xerox copy of e-mails and letters on different dates and other documents on record.
It appears that the complainant booked air-ticket from London to Kolkata, booking I.D. being NN230227748697 through O.P. The complainant booked the air-ticket on 07-05-2015. The complainant, thereafter, requested for a date change approximately 12 hours prior to the travel time. He also paid the date change penalty of Rs.16,800/- to the OP but as we find he did not receive the changed and / or new ticket and he asked the OP for previous ticket which was emailed to him and the complainant successfully travelled on 28-09-2015 from London to Kolkata. The allegation of the complainant is that he came to know from Air India Kiosk at the London Heathrow Airport that no date change was done but OP charged with the date change penalty. OP on the other hand, OP, on the other hand, however, has denied the same and has furnished a table to clarify the whole scenario as given herein .
Particular | Amount | Nature and Detail of Payment |
Cost of the Air Ticket purchased by the complainant | Rs.51,292/- | Whole amount was paid by the customer at the time of booking i.e. 07-05-2015 and 09-05-2015. This amount is not in dispute. |
Date change penalty, as customer asked for date change of ticket from 28-09-2015 to January, 2016 | Rs.16,780/- | It was a non refundable amount and nature of this was also informed to and accordingly paid by the complainant. |
Re-issuance of ticket of 28-09-2015 | Rs.13,779/- | It was a non-refundable amount. However, the same was not charges on the customer and was adjusted against the date change penalty amount i.e. Rs.16,780/- paid by the complainant. |
It appears that O.P. has furnished the table as above. No ticket of reschedule and / or new ticket is produced from the side of the OP in support of the claim. OP has not furnished any document to establish that OP purchased new ticket in favour of the complainant as per the reschedule in January, 2016 from 28-09-2015 but we find that for rescheduling of the ticket of the complainant, OP charged Rs.16,800/- as a date change penalty and the complainant duly paid the charge amount as rescheduling charges. So, we are not convinced that new tickets were purchased by the OP from Air India in favour of the complainant. We also find that the complainant travelled on the scheduled date i.e. on 28-09-2015 with his old ticket on earlier scheduled date. The fact is that how can OP receive an amount of Rs.16,800/- as penalty charge without obtaining and/or buying any new ticket. We think that OP has acted illegally in denying to refund the amount to the complainant and also failed to show sufficient reason for not making the payment that has been charged from him. We think that OP has demonstrated a gesture of deficiency in service and at the same time OP has indulged in unfair trade practice. We think that complainant is entitled to get the relief as prayed for.
Consequently, the case merits success.
Hence,
Ordered
That the complaint be and the same is allowed on contest against the OP.
OP is directed to refund the amount of Rs.16,800/- to the complainant within one month from the date of this order apart from litigation cost of Rs.10,000/-.
OP also directed to pay an amount of Rs.10,000/- to the complainant for causing harassment, mental pain and agony within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.
