Order dictated by:

Sh.S.S.Panesar,President.

1. Sh. Maninder Singh complainant has filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that  he got booked air tickets with the opposite party from Amritsar to Kulalumpur then Kulalampur to Hongkong on 15.6.2016 for valuable consideration, as such the complainant is a consumer as provided under the Act.  The complainant on 15.6.2016  on the date of departure, when he was having confirmed air tickets for travel on the said route with the opposite party, he was denied boarding the Aircraft on the pretext that Airlines was over booked and there was no seat available . But when confronted that there were enough seats available  as there was no rush of passengers , complainant was denied  boarding the flight on the ground that  he was not having the return journey ticket which the complainant promptly showed to the concerned officials, even then he was not allowed to board the Aircraft and was humiliated. It is pertinent to mention over here that the complainant was not allowed to board the Aircraft without any valid reasons and rules  and was taken out of the Airport forcibly. The act of the opposite party in not allowing the complainant to travel having valid travel document is an act of deficiency in service, unfair trade practice , mal practice and is not sustainable in the eyes of law. The complainant has sought for the following reliefs vide instant complaint:-

1. Opposite party be directed to refund the amount of Air tickets for Rs. 36,597/- alongwith interest @ 12% p.a thereon from 15.6.2016 till realization.
2. Compensation to the tune of Rs. 1 lac may also be awarded to the complainant alongwith adequate litigation expenses.

Hence, this complaint.

2. Opposite party did not opt to put in appearance despite service of notice, as such it was  ordered to be proceeded against ex-parte.

3.       In his bid to prove the case, Sh. Deepinder  Singh, 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-4 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.       From the appraisal of the evidence on record, it becomes evident that complainant got booked his Air tickets with opposite party from Amritsar to Kulalampur  and Kulalampur to Hongkong on 15.6.2016 for valuable consideration. Copies of the  Air tickets account  for Ex.C-2 & Ex.C-3. The complainant when on 15.6.2016 i.e. the date of departure reached the Airport, the opposite party denied him boarding the Aircraft on the pretext that Airlines was over booked and there was no seat available there. But when confronted that there were enough seats available  & there was no rush of passengers ; complainant was denied  boarding the flight on the ground that  he was not having the return journey ticket . The complainant promptly showed the return ticket to the concerned officials, even then he was not allowed to board the Aircraft and was humiliated.  From the appraisal of the evidence on record, it becomes evident that complainant was not allowed to board the Aircraft without any valid excuse and was driven out of the Airport forcibly. The abovesaid act of the opposite party in not allowing the complainant to travel despite having valid travel documents is an act of deficiency in service, unfair trade practice, mal practice and is not sustainable in the eyes of law. As such complainant has been able to prove his case. Even otherwise also the evidence adduced by the complainant has gone unrebutted on record because the opposite party, despite due service, did not opt to appear and contest the claim of the complainant and thereby impliedly admitted the case of the complainant. Consequently, the complainant is entitled to refund of the amount of Air tickets to the tune of Rs. 36,597/- from the opposite party and the opposite party is also liable to pay compensation to the tune of Rs.  10000/- to the complainant. Opposite party is directed to make the payment of aforesaid amount within a period of 30 days of the receipt of copy of this order ; failing which, awarded amount shall carry interest @ 9% p.a. from the date of filing of the complaint until full and final recovery. 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/