Punjab

Amritsar

CC/16/156

Lalit Singh - Complainant(s)

Versus

Malindo Airways - Opp.Party(s)

Sumit Chandal

04 Oct 2016

ORDER

Order dictated by:

Sh.S.S.Panesar,President.

1. Sh. Laljit Singh complainant has filed the present complaint under section 12 of the Consumer Protection Act on the allegations that  complainant had got booked Air ticket from opposite party No.1 for his journey for Kuala Lumpur (KUL) from Sh. Guru Ram  Dass Ji International Airport, Amritsar for his departure on 5.2.2016 alongwith return ticket for 14.2.2016. These tickets were issued to the complainant vide e-ticket No. 8169650423804 issued on 30.1.2016. The said flight  was about to take off from  terminal 2 at 1.20 p.m. Complainant reported the Airport, Amritsar on 5.2.2016 at about 12.15 p.m. But the complainant was not allowed to take his flight on the pretext that he reached very late.  Thereafter opposite party No.1 issued another ticket to the complainant for his departure on 7.2.2016 alongwith return ticket of same date i.e. 14.2.2016 for which the opposite parties had charged Rs. 3500/-  from the complainant illegally and unlawfully. The complainant also served a legal notice dated 20.2.2016 upon the opposite parties but they have not complied with the said legal notice. The complainant has sought for the following reliefs vide instant complaint:-

1. Opposite parties be directed to refund Rs. 3500/- alongwith interest @ 12% p.a. till date of payment.
2. Compensation to the tune of Rs. 50000/- may also be awarded to the complainant alongwith adequate litigation expenses.

Hence, this complaint.

2.       Opposite parties No.1 & 2 did not put in appearance despite service of notice, as such they were ordered to be proceeded against ex-parte.

3.       In his bid to prove the case, Sh. Sumit Singh Chandel, Adv.counsel for the complainant tendered into ex-parte evidence affidavit of the complainant Ex.C-1 alongwith documents Ex.C-2 to Ex.C-11 and closed the evidence on behalf of the complainant.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.

5.       On the basis of the evidence on record, ld.counsel for the complainant has vehemently contended that it is proved on record that the complainant got booked Air ticket from opposite party No.1 for his journey for Kuala Lumpur  from Amritsar with date of departure as 5.2.2016 alongwith return ticket for 14.2.2016. These tickets were given to the complainant  vide E-ticket No. 8169650423804 issued on 30.1.2016. The flight was to take off from Shri Guru Ram Dass Ji International Airport, Amritsar from terminal 2 at 1.20 p.m.  On the stipulated date i.e. 5.2.2016, complainant reported  at Airport , Amritsar at about 12.15 p.m. But, however, the complainant  was not allowed to board the flight on account of the reason that he had reached very late at the airport. Thereafter opposite party No.1 issued  another ticket to the complainant for his departure on 7.2.2016 alongwith return ticket of the same date i.e. 14.2.2016, copy of the ticket accounts for Ex.C-3. The opposite party also charged Rs. 3500/- from the complainant illegally and unlawfully and on this account complainant had not only suffered financial loss but also suffered mental tension, harassment and inconvenience. The complainant has sought for the relief of refund of Rs. 3500/- which was illegally charged from the complainant alongwith interest @ 12%  besides compensation to the tune of Rs. 50000/- from the opposite party. Ld.counsel for the complainant has further contended that evidence adduced by the complainant has gone unrebutted on record because the opposite parties despite due service did not opt to appear and contest the claim of the complainant  and thereby impliedly admitted the claim of the complainant.

6.       But, however, from the appraisal of the evidence, it becomes evident that  the flight of the complainant was to take off on 5.2.2016 at Shri Guru Ram Dass Ji International Airport, Amritsar at 1.20 p.m. But, however, the complainant reached at the Airport at about 12.15 p.m. It was an International flight and it was required for the complainant to have reached the Airport atleast three hours before the taking off  of the flight. The reason assigned for denial of the complainant to board the plane has also been admitted by the complainant when he stated that he was not allowed to board the plane on account of the reason that he had reached the Airport very late. However, alternate arrangement for the journey of the complainant was provided by the opposite parties and the complainant actually boarded the plane on 7.2.2016 for Kuala Lumpur, while the return journey for 14.2.2016 remained un-changed. The fact that the opposite parties have charged an amount of Rs. 3500/-  for  change in the schedule of the journey was legal and valid and the complainant cannot question the said payment made by him to opposite party No.1. Moreover, complainant accepted the alternate offer without any reservation at that time and now it is too late for the complainant to nurse a grouse of extra charging to the tune of Rs. 3500/-. There is no merit in the complaint and the complaint has been filed simply to harass the opposite parties. Actually, it was the complainant , who was at fault when he did not reach the International Airport at Amritsar in time to board the flight on 5.2.2016. As such the  instant complaint fails and the same is ordered to be dismissed accordingly. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated :4.10.2016

/R/