IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 4/S/2016.                          DATED : 24.11.2016.

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PRATITI BHATTACHARYYA &

                                                              SRI PABITRA MAZUMDAR.

COMPLAINANT             : ASHOK KUMAR NAIR,  

  Krishna Vihar Stalinnagar,

  Bagdogra,

  WB-734 014.

O.P.                                        :  MANAGER,

   JET AIRWAYS,

   Bagdogra Air Port,

   WB-734 014.

FOR THE COMPLAINANT         : Self.

J U D G E M E N T

Sri Biswanath De, Ld. President.

          The whole crux of the case is that the complainant purchased two tickets from OP’s Company for travelling on 27.05.2015 from Singapore to Delhi.  The complainant purchased the tickets from website from the OP on 20.05.2015.  He cancelled the ticket on 22.05.2015.  The OP company deducted Rs.19,000/- from the total amount paid by the complainant to the OP.  The complainant states that OP is entitled to get as per refund’s rule amounting to Rs.3,000/-.  But the OP did not obey the rule and capriciously deducted Rs.19,000/- without any reason or rule.  The complainant lodged complaint before the Consumer Affair s & Fai Business Practices, but did not get any good result.  Accordingly, the complainant has filed complaint before this Forum praying return of the amount Rs.19,000/- and other relief laid down in the complaint.      

The OP/Jet Airways India Ltd. appeared and filed written version denying inter-alia all the material allegations as raised by the complainant.  The Account Executive Sales and Marketing in the Bagdogra Office of the OP has filed written version against the allegation of the complainant Ashok Kumar Nair.  It is stated that the Jet Airways initiated an investigation on the facts and circumstances of this case and found that the allegation of the complainant are false and baseless.  It is stated that the complainant purchased two tickets on

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website of OP Airlines on 20.05.2015 to travel from Singapore to Delhi on 27.05.2015, and thereby he has subjected himself to the terms and conditions of contract application to the said ticket.  Upon cancellation, the OP refunded Rs.19,739/- as per applicable fair rules.  The copy of which has been filed separately.  It is also stated that aforesaid return ticket was only partly refundable in nature.  Accordingly, Rs.19,739/- was refunded to him.  It is also stated only upon accepting the conditions by ticking in the check box passengers are taken to the payment gateway to enable them carryout the transaction and get a confirmed ticket.  OP denied that cancellation charge as stated by the complainant Rs.3,000/- is not correct.  It is also stated that the system is designed in such a manner without accepting terms and conditions attached to the tickets, neither payment nor a confirmed booking would be possible.  Hence, the complaint is liable to be dismissed.      

          To prove the case the complainant has field the following documents :-

1.       Letter of RO, CA & FBP  (Annexure-I).

2.       Refund summary (Annexure-II).   

3.       Tickets booking Jet Airways (Annexure-III).

4.       Tickets booking Air India (Annexure-IV).

5.       Extract of Rule 90 of Jet Airways for Refunds (International Travel of Rule C2 (5).

          Complainant has filed evidence-in-chief.

OP has filed evidence-in-chief.

Points for determination

1.       Is there any deficiency in service on the part of the OP ?

2.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason             

          Both issues are taken up together for the brevity and convenience of discussion.

          From the documents of both sides it appears that complainant purchased the tickets from the OP.  OP admitted the purchase of the tickets by the complainant.  OP has stated that cancellation charge is Rs.3,000/- per passenger.  Accordingly, as per complainant’s statement cancellation fees is Rs.6,000/- and complainant is entitled to get the rest amount of money.  The OP alleges that Rs.3,000/- is not cancellation fees.  Complainant has filed Airlines E-Commerce-Modification Page 3 shows that refund details wherein it

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has written the cancellation fees at Rs.6,000/-.  This document supports the case of the complainant that cancellation fee per ticket is Rs.3,000/-.  The OP also admits the cancellation, but OP did not adduce any document to show the cancellation charge on the date of cancellation.  It is the boundant duty of the OP to show their actual cancellation fee.  Whereas the complainant has shown at page 3 the cancellation fees is Rs.3,000/-, to rebut this document, which is a document of the OP, the OP did not file any document to justify their refund and deduction.

After travelling the all documents it transpires that OP Jet Airways is not in clean hand and always kept them behind a screen to suppress the actual cancellation fee. 

So, from the document in record, it appears that complainant demand and statement is not contradict by any way or by any cogent evidence by the OP to establish that they had acted correctly as per dictation of law and rules of the Jet Airways. 

So, the case of the complainant stands and defence fails to stand.

So, after deliberation over the materials before this Forum, it is proved that complainant is entitled to get return of the amount after deduction of cancellation of Rs.6,000/- for two tickets.

In the result, the case succeeds. 

Hence, it is

                     O R D E R E D

that the Consumer Case No.4/S/2016 is allowed on contest against the OP with cost.

The complainant is entitled to get Rs.13,000/- for the return of the cancellation charge from the OP.

The complainant is further entitled to get Rs.10,000/- as compensation for mental pain, agony and harassment and unfair trade practice from the OP.

The complainant is further entitled to get Rs.5,000/- towards litigation cost from the OP. 

The OP is directed to pay Rs.13,000/- by issuing an account payee cheque in the name of the complainant being the return of the cancellation  charge within 45 days from the date of this order.

The OP is further directed to pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant as compensation for mental pain, agony and harassment and unfair trade practice, within 45 days from the date of this order.

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The OP is further directed to pay Rs.5,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days from the date of this order.

In case of default, the complainant is entitled to get interest @ 9% per annum on the awarded sum of Rs.23,000/- from the date of this order till full realization.

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.