CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 20th day of January, 2016
CC.NO.96/2014
PRESENT : SMT. SHINY.P.R, PRESIDENT Date of filing: 01/7/2014
: SMT. SUMA K.P, MEMBER
Abdul Nazeer, : Complainant
S/o.Late.Abdul Azeez,
Sajitha Manzil, Kollengode Village,
Chittur taluk.
(BY Adv.K.Girish Menon)
Vs
Akbar Travel of India (P) Ltd, : Opposite party
Palakkad represented by its Manager
(BY Adv.G.Jayachandran)
O R D E R
By Smt.Shiny.P.R, President.
Brief facts of the case:- On 17/08/2013 the complainant had booked four Air tickets for himself, his wife Mrs.Rumana Nazeer, daughter Fida Fathima and mother Mrs. Ramla Azad through the opposite party for an air travel from Coimbatore to Hyderabad. The date of journey was on 18/09/2013. The opposite party has issued ticket of Spice Jet Air ways. The complainant’s wife Mrs.Rumana Nazir was unable to travel due to varicose vein disease. In her absence 3 year daughter and old mother were also dropped the plan of journey. Within 10 days of booking complainant dropped the journey of his family members. Immediately he requested for the cancellation of three tickets. But the opposite party informed that it is not possible to cancel the Air tickets. Even the complainant was willing to accommodate 3 other persons instead of his family members to avoid his loss. But that proposal was also rejected by the opposite party.
The complainant had sent a lawyer notice dated 28/11/2013 to the opposite party. The opposite party replied for the same on 11/12/2013. The entire allegations in the reply notice are false and denied by the complainant. Due to the negligence and deficiency in service of the opposite party the complainant had suffered the loss of the fare of 3 air tickets. The complainant prays for an order directing opposite parties to pay a sum of Rs.1,00,000/- as compensation for mental agony suffered by the complainant.
Complaint was admitted and issued notice to opposite party. Opposite party filed version contending the following:-
Opposite party denied the allegations that the complainant had directly booked the Air Ticket on 17/08/2013 for a travel from Coimbatore to Hyderabad. The opposite party has no connection with the complainant at any point of time. Opposite party admitted that Abdul Azeez had booked Air ticket from the opposite party through an agent by name Mr.Arjun who occasionally used to purchase the ticket from this opposite party. On 17/08/2013 Mr.Arjun had given a group booking for 34 passengers and opposite party issued the Air tickets of Spice Jet Air Ways accordingly for the sectors Coimbatore to Hyderabad. The date of departure of the group was on 18/09/2013 from Coimbatore.
The opposite party contended that Arjun or complainant had not given any information directly or indirectly about the sickness or the health problems of complainant’s wife. They had received information for the accommodation of three others from Mr.Arjun in the 11th hour on 17/09/2013 at 11.38 AM by way of E-mail. Even then while getting the information from Mr.Arjun, opposite party had tried their level best to be get done to their customers favour for saving their money or to reduce their loss. Then the opposite party informed that “Name change is not possible” because the opposite party received the intimation from Mr.Arjun only on 11th hour (that is 17/09/2013) . The opposite party had already paid the ticket amount to Spice Jet Air Ways Company. More over the opposite party contended that only Mr.Arjun who had booked the tickets of Spice Air jets for the complainant. The complainant had not purchased any ticket from opposite party directly. Hence opposite party has taken a contention that Mr.Arjun and Spice Air Jets are necessary parties to the complaint.
This opposite parties had received the lawyer notice from the complainant and this opposite party had send reply with true facts. There is no deficiency in service on the part of the opposite party. Hence complaint is to be dismissed with the compensatory costs of the opposite party.
Complainant and opposite party filed their respective chief affidavits. Witness also filed his chief affidavit. Exts.A1 to A3 are marked from the side of the complainant. Ext.B1 series is marked from the side of opposite party. Complainant was cross examined as PW1 and witness was examined as PW2. Opposite party was examined as DW1.
The following issues are considered
1. Whether there is deficiency in service on the part of opposite party?
2.If so, what is the relief?
Issues 1and 2
Both parties heard. We have perused the document filed by both parties. Opposite party has taken a contention that Mr.Arjun and Spice Jet Airways Company are necessary parties to the complaint. Opposite party admitted in their version that Mr.Arjun their agent booked tickets for a group of 34 persons which consists the tickets of the complainant , his mother-in-law, wife and daughter. Complainant submitted that within 10 days of booking he and his friend Mr.Arjun went to opposite party’s office to cancel the tickets of his mother-in-law, wife and daughter. But no documentary evidence is adduced to prove that complainant or Mr.Arjun had informed this matter to the opposite party within 10 days of booking or even before 16-9-2013. Ext A3 reveals that the first mail was sent to Spice Jet Air ways by Mr.Arjun only on 16-9-2013 i.e, just two days before the journey. But Ext.B1 series show that only on 17-9-2013 at 11.38 am Mr.Arjun intimated the matter to the opposite party and after that, opposite party tried their level best to save the money of the complainant. Opposite party had sent several e-mails to Spice Jet Airways. DW1 deposed at the time of cross examination that in the case of group booking if the payments are made, the amount will not be refunded and that payments were made within seven days from the date of booking of tickets to the Spice jet airways. In this case the opposite party had already paid the ticket amount to Spice Jet Air Ways Company. From the available evidence we came to the conclusion that the Mr.Arjun intimated opposite party about the change of name at a belated stage. There is negligence on the part of complainant and Mr.Arjun. Mr.Arjun and Spice jet are not a party to the complaint. Even though opposite party has taken a plea in the version that Mr.Arjun and Spice Jet Air ways are not a party to the complaint, complainant did not take any steps to implead them as party array. In the above circumstances we cannot attribute deficiency in service on the part of opposite party.
In the result complaint is dismissed.
Pronounced in the open court on this the 20th day of January, 2016
Sd/-
Shiny.P.R
President
Sd/-
Suma.K.P
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 series – Copy of lawyer notice issued to the opposite party by Adv.K.Girish Menon with the postal receipt and Ack.card Dt.28/11/2013
Ext.A2 - Reply notice sent by Adv.Jayachandran to Adv.K.Girish Menon Dt.11/12/2013
Ext.A3 -E-mail Dt.16/09/2013 regarding name change.
Exhibits marked on the side of the opposite party
Ext.B1 series- Copy of e-mails dtd.17/09/2013 and Direct Customer Ledger of Akbar Travels of India (P) Ltd, Palakkad from 01/04/13 to 31/03/14
Witness examined on the side of complainant
PW1-Abdul Nazeer
PW2-Arjun.V
Witness examined on the side of opposite parties
DW1-Haridas
Cost allowed
Nil
