IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Preethakumari:  Member

Smt.M.D.Jessy:               Member

Dated this, the  2^nd day of   November  2009

OP.No.304/2004

Noushad Saidamadath Purayil,

Badariya Mahal,

P.O.Payangadi R.S                                                       Complainant

1.Manager,

  Indo Arab Travels, Payanagadi,

   P.O.Payangadi.

  (Rep. by Adv.C.Sajina)

2. The Manger,                                                 Opposite parties

   Akbar Travel of India,

   Bank Road,

   Kozhikode.

   (Rep. by M.K.Associates)

O R D E R

Sri.K.Gopalan, President

            This is a complaint filed under section12 of consumer protection Act for an order directing the opposite party to pay Rs.1, 00,000/- as compensation and the cost of these proceedings.

            The case of the complainant in brief is as follow: Opposite party arranged an Air ticket for boarding on 1.10.04 from Calicut to Abdubai for complainant. Complainant paid Rs.9, 236/- being the cost of confirmed ticket. Opposite party issued a ticket bearing No.32508283034 with confirmed seat of OK belongs to the 2^nd opposite party. When complainant reached at the counter of 2^nd opposite party on 1.10.04 at Calicut Airport and showed the confirmed ticket it was informed that there were some defects in the ticket while comparing the passport and so he cannot board from airport. According to2nd opposite party, the ticket issued by them stands in name of some other persons. On enquiry it was also revealed that the ticket issued by 1^st opposite party was not a confirmed ticket. 2^nd opposite party then informed the complainant that without a new ticket in correct name he cannot board on 1.10.04. Since it was very urgent he requested 2^nd opposite party to arrange some other ticket. As such the opposite party collected the charge and issued a ticket but it was not confirmed. Later he issued another confirmed ticket and received the charge of the ticket from the complainant. As such the complainant was constrained to pay charge of three tickets including special fee for the third ticket. As such he had taken off from Calicut on2.10.04. He was through out in a pathetic mental condition about the indefinite situation. He was carrying prepared food items to his friends and relatives. Complainant could not joined duty on2nd October as per the company’s instruction. When he reported on3.10.2004 his Manager was on tour and hence he was not to join the duty whereby he lost one month salary. Further as a mark of punishment his salary was also reduced Rs.1000/- per month. Complainant happened to suffer this loss only due to unfair trade practice and deficiency in service on the part of opposite parties. Since no accommodation was provided complainant also met Rs.2000/- for food and accommodation. The complainant has issued lawyer notice to 1^st opposite party calling upon to pay compensation but they were not even cared to send a reply. Hence this complaint.

            Pursuant to the notice opposite parties 1 and 2 entered appearance and filed version separately. The brief facts of the contentions of 1st opposite party are given below. The complainant approached 1st opposite party and arranged Air ticket to Abudabi on 1.10.04. Payment of Rs.9.236/- as cost of confirmed ticket, change of name, payment of second ticket to 2^nd opposite party, the allegation that the second ticket was also not confirmed ticket, payment of ticket charge on 2.10.04 and special  fee etc. are false and fabricated story. It is also false that he was not able to join the duty. Loss of salary and reduction of salary and expense of Rs.2000/- for food and accommodation etc.are also false. Opposite party issued confirmed ticket to complainant to travel on 1.10.04 to Abdabi. The complainant accepted the ticket and verified the same. There was no complaint. Later on 1.10.04 the complainant informed that the initial of the complainant was changed in the ticket hence he could not travel in scheduled flight. It is a mistakes committed by the airlines company and not a fault of the opposite parties. Hence the Air lines company is a necessary party. Knowing the above facts 1^st opposite party rushed to meet the complainant and arranged a business class ticket and he traveled by that ticket. There is no deficiency on the part of opposite party.

            The 2^nd opposite party filed version contending as follows: Except the arrangement of ticket for boarding on 1.10.2004 from Calicut to Sharjah other important averments were denied. The only truth in the allegation is that the ticket issued by the 1^st opposite party having No.32508283034 dt.1.10.04 was not confirmed ticket. The allegation made by the complainant that the ticket was defective service there was difference in name when compared to passport and he could not board  the Airport etc. are not true. The status of the passenger in the ticket is shown as ‘RQ’ ie.wait listed in ‘Now” normal economy class. Confirmed ticket was issued later. The complainant came on 1.10.04 with an unconfirmed ticket. There was no vacant set for the complainant. So he could not go on that day. Hew as provided accommodation and food. He was provided fresh ticket and he left on the next day. There is no deficiency on the part of this opposite party. The ticket dated 2.10.04 having No.3250828451 was availed from this opposite party directly in ‘cow’ i.e. Club class which is high class confirmed ticket and the price of the ticket is Rs.15,016/- and not Rs.30,000/- as stated by complainant. The first opposite party had collected the price of the 1^st ticket and it has been paid to Airlines, and so refund can be claimed only through the 1^st opposite party and Airlines.

            On the above pleadings the following issues have been taken for consideration.

1. Whether there is any deficiency in service on the part of opposite parties?

2. Whether the complainant is entitled for any relief as prayed in the complaint?

3. Relief and cost.

            The evidence consists of Exts.A1 to A5. Both the complainant and opposite parties have no oral evidence.

Issue Nos. 1 to 3

            Admittedly complainant approached 1ast opposite party to arrange Air ticket on 1.10.04 from Calicut to Abudabi. 1^st opposite party admitted that a confirmed ticket has been arranged for complainant to travel on 1.10.2000 to Abudabi. The complainant’s case is that when he reached to the  counter of 2^nd opposite party on 1.10.04 he was informed that  he will not be able to travel on that day since there is some mistake in the ticket with respect to the entry of name that differ from  the passport. He also realized that ticket was not a confirmed ticket. The specific case of the complainant is that 1^st opposite party issued a ticket bearing No.32508283034 with a confirmed seal of ‘OK’ belongs to the 2^nd opposite party.1^st opposite party admitted that a confirmed ticket arranged for complainant. 2^nd opposite party on the other hand contended that the alleged ticket was not confirmed ticket but was waitlisted. Ext.A1 caries the seal of Akbar Travels. The case of 2^nd opposite party is that 1^st opposite party has paid the price of the Ext.A1 ticket to the Airlines and it can be refunded only through the 1^st opposite party and Airlines. But 2^nd opposite party did not give any explanation why the seal of Akbaer Travel has been seen on the alleged ticket. That is the evidence which reveals the joint venture of arrangements of alleged ticket by both the parties. 2^nd Opposite party contended that they have made arrangements for accommodation and food. If there is no connection with the previous alleged ticket in the ordinary course there is no possibility of taking initiative on the part of 2^nd opposite party to make arrangements for accommodation and food. Hence this is a claim on their side that 2^nd opposite party has discharged an obligation on his side in making accommodation and food arrangements. The seal of Akbar Travels on the ticket and the dealings of opposite parties 1 and 2 in Calicut Airport establish that the 2^nd opposite party has its own role in arranging the first ticket.1^st opposite party contended that he has issued an OK ticket. 2^nd opposite party contended that the alleged ticket was not a confirmed ticket. On the date of journey complainant experienced that it was not a  confirmed ticket and  ultimately complainant was compelled to take a new ticket spending Rs.15016/- As per the version of 2^nd opposite party and Ext.A2 the price of second confirmed ticket is Rs.15016/-. The complainant suffered  loss of this amount  apart from other troubles only due to default ticket in question issued by the 1^st opposite party with a confirmed seal of ‘OK’ belongs to 2^nd opposite party Akbar Travels. Complainant sent lawyer notice for which no reply was sent. This is no doubt also a deficiency in service on the part of opposite parties.  The nature of pleadings and the evidence available reveals that there is deficiency in service on the part of opposite parties that amounts to unfair trade practice. Hence we are of opinion that the opposite parties are liable to meet the loss sustained by the complainant.

            The evidence shows that complainant was forced to take a new ticket for his journey by spending Rs.15, 016/-. Ext.A2 prove that the ticket charge is Rs.15, 016/-. 2^nd opposite party has also admitted that the ticket charge is Rs.15, 016/-. Complainant  has a different case that he has spent more amount for ticket but the copy of the ticket produced by him  and marked as Ext.A2 shows the charge is Rs.15,016/-. Anyhow, there is no doubt that the complainant met an additional amount of Rs.15, 016/- for the ticket for his journey. Hence it can be seen that complainant spend Rs.9, 236/- for Ext.A1 and

Rs.15, 016/- for Ext.A2, altogether Rs.24, 252/- for ticket alone. Complainant has not produced any other documents to prove other expenses including food and accommodation. Moreover 2^nd opposite party has the case that arrangements has been done by 2^nd opposite party for food and accommodation. It cannot be disbelieved unless any bills have been produced to that effect. But it can be assumed that the complainant should have suffered mental tension. Though complainant has the case that he has lost one month salary and suffered punishment of deduction of salary cut no documents produced to prove that aspect. Considering the available evidence we are of opinion that the opposite parties are liable to refund Rs.24252/- as ticket fare together with Rs.5000/- as compensation along with Rs.1000/- as cost of these proceedings.  The amount of Ext.A1 first ticket, refunded opposite parties is entitled for 75% of the amount out of it. The issue Nos. 1 to 3 is found in favour of complainant.

            In the result, the complaint is allowed directing the opposite party to refund Rs.24252/-(Rupees Twenty four thousand two hundred and fifty two only) as ticket fare together with Rs.5000/-(Rupees Five thousand only) as compensation and Rs.1000/-(Rupees One thousand only) as cost of these proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection act. In case the amount of 1^st ticket Ext.A1 if refunded opposite parties are entitled for 75% of the amount out of it and the balance 25%to the complainant.

                                    Sd/-                             Sd/-                             Sd/-

President                      Member                       Member

APPENDIX

Exhibits for the complainant

A1 & A2..Copies of ticket issued by OP dt.1.10.04 and 2.10.04.

A3.Copy of passenger details

A4 & A5.Copy of lawyer notice and AD card.

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

                                                /forwarded by order/

                                                Senior Superintendent

Consumer Disputes Redressal Forum, Kannur.