Order No.   11    Dated  23-05-2013.

            The case of the complainants in short is that complainants purchased two return tickets on 11.5.12 (CCU-KUL) from o.p. no.1 of AIR ASIA for trevelling on 1.11.12 and 8.11.12 for a cash price of Rs.23,007/- in total. The date of journey is 1.11.12 at 5-30 p.m. from Kolkata (CCU) to Kuala Lumpur (KUL) from Netaji Subhas Chandra Bose International Airport vide flight AK 1242-Economy promo. The return tours were scheduled from Kuala Lumpur  (KUL) (LCC Terminal on 8.11.12 at 3-00 p.m. vide flight AK 1241 Economy promo.

            The travel itinerary for the complainants was also issued to them as usual confirming the booking date to be 11.5.12 and journey date 1.11.12 and 8.11.12 respectively for onward and return journey respectively. But due to some unavoidable circumstances their journey on the scheduled date to on 1.11.12 would not be possible to be performed and hence complainants were compelled to decide to cancel the tickets and requested o.p. no.1 to please cancel the tickets but they avoided.

            Complainant, thereafter, sent a letter to o.p. no.1 on 10.7.12 under regd. post but they refused to take the letter. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainants purchased two return tickets on 11.5.12 (CCU-KUL) from o.p. no.1 of AIR ASIA for trevelling on 1.11.12 and 8.11.12 for a cash price of Rs.23,007/- in total.

            It is seen from the record that the date of journey is 1.11.12 at 5-30 p.m. from Kolkata (CCU) to Kuala Lumpur (KUL) from Netaji Subhas Chandra Bose International Airport vide flight AK 1242-Economy promo. The return tours were scheduled from Kuala Lumpur  (KUL) (LCC Terminal on 8.11.12 at 3-00 p.m. vide flight AK 1241 Economy promo.

            Further we find from the record that the travel itinerary for the complainants was also issued to them as usual confirming the booking date to be 11.5.12 and journey date 1.11.12 and 8.11.12 respectively for onward and return journey respectively. But due to  some unavoidable circumstances their journey on the scheduled date to on 1.11.12 would not be possible to be performed and hence complainants were compelled to decide to cancel the tickets and requested o.p. no.1 to please cancel the tickets but they avoided.

            And complainant, thereafter, sent a letter to o.p. no.1 on 10.7.12 under regd. post but they refused to take the letter.

            In view of the findings above and on perusal of the entire materials on record we find that o.p. nos.1 and 2 had sufficient deficiency in service being service provider to their consumers / complainants and complainants are entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.ps. O.ps. are jointly and/or severally directed to refund of Rs.23,007/- (Rupees twenty three thousand seven) only to the complainants being the cancellation amount of the booked tickets and are further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.