DATE OF FILING : 26.09.2009

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of June, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.184/2009

Between

Complainant : Vijayamma Bhuvanachandran,

Viji Bhavan(Edathikandathu),

Kattappana South P.O,

Kunthalampara,

Kattappana Village,

Idukki District.

(By Adv: Sijimon.K.Augustine)

And

Opposite Parties : 1. The Manager,

QATAR Airways,

Hotel Le Meridian,

Maradu P.O,

Cochin – 682 304.

(By Advs: Eugine Fernandez, B.A.Krishnakumar & M.M.Lissy)

2. The General Manager,

Speedwings Travel & Cargo (P) Limited,

IInd Floor, Oxford Business Centre,

Sreekandath Road, Ravipuram,

Cochin – 16.

(By Adv: Babichen.V.George)

3. The Manager,

Shine Well Travels,

Kattappana P.O,

Idukki District.

(By Adv: Babichen.V.George)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The complainant was at abroad for the last several years. In the year 2005 the complainant purchased Qutar Airways ticket for a journey from Kochi to Doha and Doha to Kochi, from the 2^nd opposite party Speedwing Travels, Ernakulam through the 3^rd opposite party Shinewell Travels, Katappana. The complainant travelled to Doha on 9.01.2005, since her stay in Doha was extended, she did not use the return ticket to travel back to Kochi. As the return ticket was not used, she sent back the same to her home to submit before the travel agent and to get refund of the unused sector. But unfortunately on the way, to submit before the travel agent at Kattappana, the original ticket was lost at Kattappana from the hand of her brother Ambujaskhan. He filed a complaint before the Kattappana Police and inspite of the earnest efforts and enquiries, the original ticket was not get back. As per the advice of the opposite parties the complainant produced the police report, copy of  FIR and copy of the ticket before the 3^rd opposite party at Kattappana in the month of May 2005 itself. The complainant contacted the 3^rd opposite party several times through telephone from abroad and the 3^rd opposite party made the complainant to believe that he would do all necessary things through the 2^nd opposite party for the refund of the ticket charge. In the year 2006 the complainant came back from Qutar in leave and she approached the Qutar Airways office at Ernakulam and demanded the refund of the unused ticket. Then the Ist opposite party directed to come through the travel agent who issued the ticket. The complainant herself gave a written complaint to the 3^rd opposite party stating all these facts on 6.07.2006. As per the direction of the 3^rd opposite party, the complainant contacted the 2^nd opposite party also. The 2^nd and 3^rd opposite parties assured that they would make all arrangements for the refund of the unused ticket and believing the words of the opposite parties, the complainant returned to abroad. In the year 2008 the complainant came back again and contacted the opposite parties several times. The 2^nd opposite party issued a copy of letter dated 12.08.2008 to the Accounts Manager of the Ist opposite party and so the complainant has not initiated any legal actions against the opposite parties at that time. The complainant again contacted the opposite parties from abroad through telephone several times. In April 2009 the 2^nd opposite party informed the complainant through telephone that since the time elapsed it is difficult to get the refund and advised the complainant to contact the Ist opposite party directly. Again a letter was sent by the complainant on 11.04.2009 to the Ist opposite party stating all these facts. But no reply was received for the same. On 29.07.2009 a letter received from the 3^rd opposite party stating that “After a long time Qutar Airways came back with an answer as No Refund on the ticket”. The 3^rd opposite party also issued a copy of letter dated 3.07.2009 received from the 2^nd opposite party. Believing the words of the opposite parties, for a long period of three years, the complainant was waiting for the refund of the ticket. The act of the opposite parties is illegal and clear deficiency from the part of the opposite parties. The complainant sustained a loss of Rs.5,000/- by way of telephone charges, travelling and other expenses. The complainant also sustained mental agony and other hardships due to the irresponsible and negligent act of the opposite parties, so an amount of Rs.3,500/- is claimed for the same. The complainant has every right to get back Rs.15,000/- which is the ticket charge of the unused return ticket together with 12% interest form the opposite parties and so this petition is filed.
 

2. As per the written version of the Ist opposite party, the Ist opposite party and the 2^nd opposite party are not having any office within the jurisdiction of this Forum and so the complaint is not at all maintainable. The cause of action for the complaint had allegedly arised in the year 2005, for which the complaint is filed only on 24.09.2009. So the complaint is hopelessly barred by limitation as per the provisions of the Consumer Protection Act. No sufficient documents or materials has been produced by the complainant before this Forum to claim refund of the ticket. The ticket issued to the complainant was a special fare excursion ticket and the same is not refundable. It is mandatory to make a claim within the period of 1 year from the date of travel for the refund of the ticket, which was not done by the complainant. The complainant never visited the Ist opposite party's office at Ernakulam for refund of the unused ticket charge. The claim of the complainant for the expenses of Rs.5,000/- as telephone charges, travel expenses etc. is baseless and there is no evidence to prove the same. The complainant has no legal right or authority to get back Rs.15,000/- as ticket charge of the unused ticket. So the complainant is not entitled to get any relief as claimed and the petition may be dismissed.
 

3. As per the written version of the 2^nd and 3^rd opposite parties, it is admitted that the complainant purchased a ticket for travelling from Kochi to Doha and Doha to Kochi. The complainant travelled from Kochi to Doha on 9.01.2005. But the return ticket was not used by the complainant. But it is false that the ticket was misplaced at Kattappana. The complainant made a telephone call from Doha to the 3^rd opposite party and told that the ticket was lost from her and requested for further remedy. The 3^rd opposite party directed to make a complaint before the police for the same. It is also specifically directed by the opposite party that the purchaser could only get the refund of the ticket. The petitioner made a complaint to the opposite party only on 6.07.2006 about the refund of the ticket. The 3^rd opposite party informed the matter to the Ist opposite party through the 2^nd opposite party at once. When the opposite party enquired about the matter, it was revealed that the complainant was at abroad. When the complainant returned from abroad in 2009, the period of limitation was already over. The ticket fare from Kochi to Doha and return journey from Doha to Kochi was Rs.21,350/-. The ticket fare for journey from Kochi to Doha was Rs.16,012/-. So the return side journey charge is only Rs.6,338/-. In that amount Rs.1,500/- is calculated as Service charge and Rs.266/- is counted as commission charge. So the only amount refundable to the complainant is Rs.3,572/-. If the complainant not used the return ticket, that matter should be reported to the Ist opposite party before the date of journey. That was not done by the complainant. So this complaint is filed without bonafide intention and so the petition may be dismissed.
 

4. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
 

5. The evidence consists of the oral testimony of PW1 and Exts.P1 to P10 marked on the side of the complainant and the oral testimony of DWs 1 and 2 and Ext.R1(series) marked on the side of the opposite parties.

6. The POINT :- The petition is filed for getting refund of the air ticket issued by the Ist opposite party through the 2^nd and 3^rd opposite parties to the complainant for the unused sector. The complainant is examined as PW1. In the year 2005, PW1 purchased Qutar Airways ticket, Kochi-Doha-Kochi from the 2^nd opposite party through the 3^rd opposite party, Shine Well Travels at Kattappana. Eventhough the complainant travelled from Kochi to Doha on 9.01.2005 since her stay in Doha was extended she did not use the return ticket to travel back to Kochi. Ext.P9 is the copy of the passport of the complainant. The original ticket was lost from her brother on the way to submit the ticket before the 3^rd opposite party's office at Kattappana and the matter was informed to the opposite party. As per the advice of the opposite parties, PW1 filed a complaint before the Kattappana police for the misplacement of the ticket and Ext.P1 is the copy of the certificate issued by the Sub Inspector of Police stating the same for producing before the travel agency for the refund of the ticket dated 21.05.2005. A written application dated 6.07.2006 was given to the 3^rd opposite party for getting the refund of the unused ticket fare, copy of the same is marked as Ext.P2. The 3^rd opposite party assured that they will do the necessary through the 2^nd opposite party at the earliest and the 2^nd opposite party forwarded the matter to the Ist opposite party, copy of the same is marked as Ext.P3. By the repeated request of the complainant, the 2^nd opposite party informed the Ist opposite party that the matter was reported by the complainant before the time bar period and copy of the same is marked as Ext.P4. Another letter was given to the Ist opposite party by the complainant on 11.04.2009 and copy of the same is marked as Ext.P5. The postal acknowledgement card for the same is marked as Ext.P6. Copy of the reply letter given from the 2^nd opposite party to the 3^rd opposite party stating that the Ist opposite party informed, there is no refund on this ticket is marked as Ext.P7. The letter issued from the 3^rd opposite party stating that they were following the case with the Ist opposite party since after the submission. After a long time the Ist opposite party informed that there is no refund for the ticket issued and copy of the same is marked as Ext.P8. PW1 was working as an Accountant in Doha and the ticket was purchased from the 3^rd opposite party. The amount for the same was also paid to the 3^rd opposite party. PW1 purchased air tickets from the 3^rd opposite party before this incident. The matter was directly informed to the Ist opposite party by PW1. Ext.P10 is a document received from the Ist opposite party, which is a copy of the E-mail message between the staff of the Ist opposite party regarding the refund of the ticket of the complainant. DW1 is the Sales Executive of the Ist opposite party. DW1 deposed that no direct information received to the Ist opposite party about the refund of the ticket in the period 2006-2008. Information was received only in the year 2009. After that investigation was done about the same. E-mail copy for the same is marked as Ext.R1(series). The ticket issued to the complainant was an excursion fare ticket and it is not refundable. In the case of refundable tickets, the claim for refund must be done within one year. No such complaint was received from the complainant within one year. Colleen is the office Secretary of the Ist opposite party and Shalini is the All India Co-ordinator of the Bombay Office. Mr.Antony is the Finance Assistant of them. Ext.R1(a) is the E-mail copy between Shalini and Colleen. Shaikh Moideen is the All India Finance Manager of the Ist opposite party and Jayaraj is the Finance Manager of the Kochi office. In the 2^nd page of Ext.R1, there is E-mail communication between Jayaraj and the said Shaikh Moideen. DW1 admitted that 2^nd opposite party is the authorised agent of the Ist opposite party and 3^rd opposite party is the Sale Outlet of the Ist opposite party in Idukki district. On cross examination of the learned counsel for the complainant, DW1 admitted that FIR copy for the loss of the ticket and the matter was informed in their G.S.A office on 21.05.2005 itself. It is later revealed by them. No reply was given to Ext.P5 letter. The matter that the ticket is not refundable was informed to the 2^nd opposite party by the Ist opposite party was in 2009. The General Manager of the 2^nd opposite party is examined as DW2. DW2 deposed that no direct information was received by them from PW1. He also deposed that the claim for refund of the ticket should be filed by the owner of the ticket directly or by the authorised person with passport copy. That was not done by the complainant. The 2^nd opposite party informed the matter to the Ist opposite party from 2005 onwards. It is very clear from Ext.P3, Ext.P4, Ext.P7, Ext.P10 and Ext.R1. There is one year time to apply for refund of the ticket. The complainant is entitled to get Rs.3,572/- as refund of the ticket. The 2^nd opposite party informed the matter 4 or 5 times to the Ist opposite party. The complainant informed the matter of the loss of the ticket in 2005 itself. FIR and other details were received in 2005 itself and the matter was transferred to the Ist opposite party in 2005 itself. But it is only in the year 2009 that the opposite parties informed to the complainant that the ticket is not refundable.
 

As per the complainant, the complainant is liable to get Rs.15,000/- as refund of the ticket charge and the matter was informed to the opposite parties in the year 2005 itself. But the 2nd and 3rd opposite parties assured the refund of the ticket and so no legal action was taken against the  opposite parties. 2nd and 3rd opposite parties did all the formalities for getting the refund of the money to the complainant. The copy of the FIR, copy of the ticket and other details were also received by the 2nd and 3rd opposite parties and they were sent to the Ist opposite party in 2005 itself. But the Ist opposite party informed the matter that the ticket is not refundable only in the year 2009. As per the Ist opposite party, they received the information only in the year 2009 and at the same time itself they investigated the matter. Ext.R1(series) is the copy for the same. The ticket issued to the complainant was an excursion fare ticket and there is no provision to refund the money fare for the same. It is admitted by the opposite parties that the complainant purchased a ticket from the 3^rd opposite party through the 2^nd opposite party which is issued by the Ist opposite party. It is also admitted by DW1 that the sale outlet of the Ist opposite party is the 3^rd opposite party. There is no dispute regarding the purchase of the ticket from the 3^rd opposite party. The complainant travelled from Kochi to Doha on 9.01.2005 and she never used the return sector ticket and it is also admitted by the opposite parties. Ext.P1 is the copy of the FIR certificate issued from the S.I of Police, Kattappana dated 21.05.2005 stating that the ticket was lost from one Sri.Ambujakshan at Kattappana on 9.05.2005 and an FIR dated 21.05.2005 was registered there. So it shows that the original ticket of the complainant was lost at Kattappana. Exts.R1(a) and R1(b) are the E-mail copy between one Colleen and Shalini and another E-mail copy which is the transaction between Shaikh Moideen and Antony. DW1 admitted that they are the staff of the Ist opposite party. As per Ext.R1(b) letter, it is written that “We received a letter from M/s.Speedwings Travel, Cochin(14-3-4106-2) stating that they submitted a request for lost sector DOH-COK of ticket No.157-3251424673 on 21^st May 2005 to QR GSA M/s.Great India Aviation, Cochin along with the police certificate. But there was no response from GSA and now the agent has came to us for the refund of unused coupon. The copy of the police certificate is attached for your reference” which is dated 3^rd September, 2008. So it is clear from the E-mail transaction produced by DW1 that the complainant duly applied for refund of the ticket to the opposite parties in the year 2005 itself. After a long transaction between the 3^rd opposite party and the 2^nd opposite party, the Ist opposite party informed the 2^nd opposite party that the ticket is not refundable, in the year 2009 by a letter dated 3.07.2009 which is as per Ext.P7. That matter was informed to the complainant by the 3^rd opposite party only on 29.07.2009 which is as per Ext.P8. So it is a gross deficiency from the part of the Ist opposite party. The 2^nd and 3^rd opposite parties acted upon the request of the complainant.
 

As per the Ist opposite party, the ticket is an excursion fare ticket and it is not refundable. But there is no evidence produced by the Ist opposite party to show that the ticket is not refundable. Unfortunately, the complainant also never produced any document to show that the cost for the refund sector ticket is Rs.15,000/-. There is no evidence or document produced by the complainant to show the fare of the ticket. The copy of the ticket is not yet produced by the complainant. As per the written version of the 2^nd and 3^rd opposite parties and as per DW2, the cost of the entire ticket is Rs.21,350/- and the fare for the journey from Kochi to Doha is Rs.16,012/-. So the return side fare is Rs.6,338/-. In that amount Rs.1,500/- is accounted as service charge and Rs.266/- as commission. So the complainant is entitled to get Rs.3,572/-. So we think that the complainant is liable to get the same amount as Rs.3,572/- with 9% interest from the date of this petition. There is no evidence produced by the complainant to show that the complainant spent Rs.5,000/- as telephone charges and travelling expenses for approaching the opposite parties for the refund of the ticket. The complainant was working at abroad, so we think that no mental agony caused to the complainant because of the non-refund of this money.
 

Hence the petition allowed. The Ist opposite party is directed to pay Rs.3572/- with 9% interest from the date of this petition to the complainant as refund amount of the unused sector ticket and Rs.2,000/- as cost of this petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 30th day of June, 2010

Sd/-

SRI. LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT. SHEELA JACOB(MEMBER)

Sd/-

SMT. BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Vijayama Bhuvanachandran

On the side of Opposite Parties :

DW1 - Kannan Iyer

DW2 - Babu Paul

Exhibits:

On the side of Complainant:

Ext.P1 - Photocopy of Certificate dated 21.05.2005 issued by the Sub Inspector of Police, Kattappana

Ext.P2 - Photocopy of complainant's letter dated 6.07.2006 addressed to the 3^rd opposite party

Ext.P3 - Photocopy of 2^nd opposite party's letter dated 12.08.2008 addressed

to the Ist opposite party

Ext.P4 - Photocopy of 2^nd opposite party's letter dated 12.01.2009 addressed to the Ist opposite party

Ext.P5 - Photocopy of complainant's letter dated11.04.2009 addressed to the Ist opposite party

Ext.P6 - A.D Card

Ext.P7 - Photocopy of 2^nd opposite party's letter dated 3.07.2009 addressed

to the 3^rd opposite party

Ext.P8 - Photocopy of 3^rd opposite party's letter dated 29.07.2009 addressed to the complainant

Ext.P9 - Photocopy of the Pass port of the complainant

Ext.P10 - Copy of E-mail Message between the staff of the Ist opposite party, named Colleen and Shalini

On the side of Opposite Parties :

Ext.R1(a) - Copy of E-mail Message between the staff of the Ist opposite party, named Colleen and Shalini

Ext.R1(b) - Copy of E-mail Message between the staff of the Ist opposite party, named Shaikh Moideen and Antony