Order-10.

Date-20/11/2015.

In this complaint Complainant  Sirajul Haqueby filing this complaint has submitted that op nos. 1 & 2 are interconnected under the agency/agent of the op nos.3 & 4 and op nos. 1 & 2 are running business of Air Flight under the name and style as Go Airlines.Op no.3 is the seller and booking authority of the Air Tickets and op no.4 is the sub-agent and working under op nos. 1 to 3 and op nos.1 & 2 in respect of the scheduled flights of different destination as per requirement of the passengers and op no.4 used to act as agent of the op nos. 1 to 3 being travel agent for mediating and arranging the ticket to the customers for different destination.

For customer need complainant approached op no.4 for arranging Air journey ticket dated 22.01.2015 and return journey ticket dated 27.01.2015 from Calcutta to Ahmedabad and back to Ahmedabad to Calcutta vide Flight No. C8 537 for Calcutta to Ahmedabad boarding time at 20.10 hours on 22.01.2015 at Calcutta and thereby returning from Ahmedabad to Calcutta boarding at 5.50 A.M. on 27.01.2015 and complainant paid for said two journey tickets total of Rs. 12,303/- and accordingly the said two tickets were issued to the complainant by the ops.

As per said Air Ticket on 22.01.2015 complainant went to the Airport at Calcutta in time to board the said flight and at the time of obtaining the boarding ticket at the counter of the op nos. 1 & 2 at the Airport it is found and noticed that the said ticket of the complainant issued by the op nos. 1 & 2 having Booking Reference No. P2V8RN for the Flight No. C8-537 and C8-532 from Calcutta to Ahmedabad was cancelled without any consent and request of the complainant.Though the cancellation of the said ticket does not arise because the complainant in urgency to see his ailing aunt who is seriously ill at that time at Ahmedabad and for the said purpose the said Air Tickets were purchased by the complainant.

Due to illegal acts of the ops for cancellation of the said two tickets of the complainant, complainant could not go to Ahmedabad and failed to attend his ailing aunt in serious condition at that timeand further ops committed illegal acts because the fare charges of the said two tickets were of Rs. 12,303/- which were not refunded to the complainant on cancellation of the said two tickets for which complainant suffered mental pain and sufferings and harassment and anxious also.

So, ultimately complainant visited the office of the op no.4 but in utter surprise complainant found that the office of the op no.4 was closed and after that he went to 3-4 times to the office of the op no.4 but found that the office was already closed.Thereafter complainant demanded to refund the said amount along with compensation for causing sufferings, mental agony, damages loss to the extent of Rs. 50,000/- and in view of the above circumstances, vide latter dated 03.02.2015 and the op no.3 replied to the complainant vide letter dated 04.02.2015 stating that the money was not paid by the op no.4.But it is surprising matter why the ops issued the ticket to the complainant without money and it is specifically stated that tickets were issued after realization of money and further stated that the said two tickets were purchased through op no.4 in the name of the complainant and the ops without informing any reason cancelled the tickets of the complainant and the money was realized from the tickets.So, by that act, ops did it illegally, malafide and bad-in-law and in the above circumstances, op by adopting unfair trade practice and for deficient manner of service, complainant filed this case for compensation against the ops.

Peculiar factor is that notices were duly served upon all the ops including complaint.But ops did not turn up to contest this case and in the above circumstances, the case is heard finally exparte.

          Decision with reasons

On proper consideration of the complaint and documents as filed by the complainant and also considering the confirmed ticket, it is found that complainant received a confirmed ticket of Go Airlines and from that ticket, it is proved that amount was paid by the complainant.So the ticket was issued.At the same time there is not document to show by the Go Airlines that this complainant prayed for cancellation.But from one letter of Vinayaka Tours & amp Leisures dated 04.02.2015 it is found that the said op no.3 reported to the complainant that ticket was issued from their office Vinayaka Tours & amp Leisures but he did not pay the tickets amount finally for which the tickets were cancelled.Regarding payment they told to Bikash several times but he did not pay for which op did not allow the passengers like the complainant to fly without payment and everyday many passengers like complainant purchased tickets through travel agents and paid to them direct and this is the contract in between the complainant and Bikash Agarwal (Travel Hut).But op no.3 had no other option to cancel the same and payment were not made, so, they cancelled the ticket.But op no.3 reported in writing that they are no way liable for that.

Anyhow from the e-ticket, the agent details is Vinayak Tours & amp Leisures.Now the said agent reported to the complainant that one Bikash Agarwal actually with whom complainant talked and handed over the money to Bikash Agarwal.But Bikash Agarwal did not pay the same to the actual agent Vinayak Tours & amp Leisures.But anyhow it is proved that agent issued that confirmed ticket to the complainant showing payment of money.Then how at this stage agent can say that he did not receive any money from Bikash Agrawal.If actually any money was not paid by travel agent, in that case they must have to issue such a confirmed ticket to the complainant in the said ticket there is no such note that amount is unpaid by the passenger.

So, considering e-ticket it is proved that Vinayak Tours received the money from Bikash Agarwal and thereby issued a confirmed ticket.So, under any circumstances, Bikash Agarwal cannot cancel it without the permission of the complainant when payment fare charged is found paid otherwise this e-ticket would not be issued.

So, considering that fact it is clear that it is the negligent and deficient manner of service on the part of the op no.3 and no doubt op no.3 has adopted unfair practice on the ground that the e-ticket does no show that payment was unpaid.So, in the light of the above observation, we are convinced to hold that op no.3 is legally liable to refund the entire amount with interest and also compensation because he issued confirmed ticket and he admitted that he cancelled the same, but the reason for cancellation is shown by the op no.3 is vexatious and only for grabbing the money, he managed to cancel the same without the consent of the complainant for which complainant is entitled to get a decree against op no.3 who issued the ticket as an agent and admittedly cancelled the same.But the allegation is that op no.3 did not receive the money from Bikash Agarwal is completely false and fabricated in view of the receipt and thereafter the said ticket was issued.

In all respect complainant is entitled to get relief against op no.3 and the very act on the part of the op no.3 is no doubt uncalled for and at the same time it is unfair practice on the part of the op no.3 and at the same time for such sort of deceitful manner of act, complainant has been suffering mental pain and agony and also failed the journey even after payment of money.

In the result, the complaint succeeds in exparte form and the complaint against other ops is found not established for which this complaint fails against other ops.

Hence, it is

Ordered,

That the complaint be and the same is allowed exparte against op no.3 with cost of Rs.5,000/- and same is dismissed against op nos. 1, 2 & 4.

Op no.3 is hereby directed to refund the entire amount of Rs. 12,303/- to the complainant along with compensation of Rs.5,000/- to the complainant within one month from the date of this order along with litigation cost i.e. total Rs. 23,303/- ( Rs. 12,303/- ticket fare + Rs. 5,000/- litigation cost + Rs. 5,000/- as compensation) within one month from the date of this order, failing which for non-compliance of the Forum’s order penal damages shall be assessed at the rate of Rs. 200/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum’s account.

Op no.3 is hereby directed to clear up the entire decretal dues within one month from the date of this order, and also comply the order of this Forum very strictly, failing which penal action shall be started u/s 25 read with Section 27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon op no.3