Rajiv Moudgil, Chief Engineer, PUDA, R/o House No.440, Sector 15-A, Chandigarh.

……Appellant/Complainant

V e r s u s

1.Manager, Go Airlines, Airport Office, Civil Airport, Airport Authority of India, Zirakpur Road, Near Behlana, Chandigarh, Telephone No.0712-5076283.

2.M/s. Airpak International (Travel Agent), Sector 17, Chandigarh

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:

Argued by: Col. Mohan Singh Ghuman (Retd.), Advocate for the appellant.

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

2.          undertaken, by the complainant, on 02.01.2013.  Unfortunately, the father of the complainant, suddenly fell ill, and had to be admitted in Fortis Hospital, Mohali, on 22.12.2012, wherein, he expired on 18.01.2013.  The complainant informed Opposite Party No.2, about the sudden illness of his father, which, in turn, communicated the same, to Opposite Party No.1, with a request to delete his (complainant) name, from Annexure C-1, and refund the amount of ticket. It was further stated that

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4.           that Opposite Party No.2, had provided him with a very special group rate, at a very lower price, to which he (complainant) agreed, whereupon, on 07.12.2012, all the tickets were issued, on receipt of full payment. The tickets were sent to the complainant, vide email dated 08.12.2012 Annexure C-1, at 12.24 P.M.  It was further stated that, on 24.12.2012, an email was received from the complainant, with a request to cancel his ticket, for travelling on 29.12.2012, but as per the Policy of the Go-Airlines, in the case of booking of group fare tickets, cancellation of the same (ticket), done within 7 days, prior to departure, would attract 100% cancellation charges. It was further stated that the complainant directly approached Opposite Party No.1, for the refund of amount of his ticket, and till date Opposite Party No.2, had not received any amount from him, as a result whereof,

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13.        with a view to qualify for refund, as per the Policy of Opposite Party No.1, and if it is not done, then cancellation charges would be 100%. In the instant case, the request vide Annexure C-3 was made by the complainant, to Opposite Party No.2, on 24.12.2012, whereas, the journey was to be undertaken on 29.12.2012. It means that request for cancellation of the ticket, was made five days prior to the undertaking of journey, and not seven days prior to the same. In these circumstances, as per the Policy of Go-Airlines, the cancellation charges were 100%, and the complainant was not entitled to any refund. No document, in rebuttal, to the version, set up by Opposite Party No.2, in its written version, supported by the affidavit, aforesaid, was produced by the complainant. The District Forum, was, thus, right in holding that there was no deficiency, in rendering service, on the part of the Opposite Parties, in not refunding the amount of fare, to the complainant.

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Pronounced.

November 13, 2013

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Rg