THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.641/2014
Dated this the 22nd day of September 2015
( Present: Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, MA, LLB : Member
ORDER
Present: Rose Jose, President:
This petition is filed under Section 12 of Consumer Protection Act, 1986 seeking an order against opposite party, directing them to pay the sum of Rs.1,61,500/- as compensation to the complainant for the loss sustained for the consequential mental agony and pain suffered due to the deficiency in service from the part of opposite party named Indo Foreign Travel links,Calicut.
The ghist of the complaint that petitioner had purchased 5 airline tickets and Visas to Dubai through opposite party’s agent, one Mr. Salim Poolakka from the opposite party under Family Tour Package from Calicut to Dubai and vice versa. Out of which two of the tickets were for minors. He had booked the tickets in the month of January, 2014 for their journey in April, 2014 to avoid the inconvenience in night journey and also the hike in the ticket charges during peak seasons. On believing the assurance of the opposite party’s good service and ability in arranging the tour package, he paid the sum of Rs.1,20,000/- as cost of ticket and Visa. Thus the opposite party issued tickets by e-mail though the opposite party’s agent Salim for all the members on 28th January, 2014. The schedule time of flight stipulated in this ticket was on 16th April, 2014 at 10.35 hrs. in Flight No. E.561 and the return flight was on 14th May, 2014 at 14.45 hrs in Flight No. E.K. 562 of Emirates Airline. The opposite party further informed the petitioner that there would be chance for any change in the schedule and assured that if any change will occur in the schedule, it would be communicated to the petitioner as and when it receives. Accordingly, petitioner and family went to Dubai on 16th April and after their visit, on 14the May, 2014, they reported at Dubai Airport at 13.00 hrs for their return journey, as departure time of flight No. E.K. 562 was 14.45 hrs. But when he approached the Airline Authority for clearance, petitioner were told that flight was scheduled to 14.10 hrs. and this information was already communicated to the opposite party on 20th March, 2014 and they further informed that the passengers who were not reported before 12.40 hrs. would not allowed to travel in the above flight. Though the Emirates Airline informed the opposite party about the schedule details of flight No. E.K. 562, opposite party did not communicate the same to the petitioner. Thus the petitioner lost the flight and caused much inconvenience and hardship to them. After that, as per the direction of Airline Authorities, he paid an additional amount of Rs.15,675/- for getting a chance for arrangement in the waiting list in the night flight. But he didn’t get seat in the night flight due to the non availability of the same. The validity of this additional amount was only for 24 hrs., and also that amount was not refundable. They were forced to take room in the Hotel and compelled to spend 4 more days in Dubai upto 18th April when they got seat to Cochin Airport on payment of another additional amount Rs. Rs.19,470/- and for this stay for 4 days, they have to spend an amount of Rs.2,00,000/-. On 19th May they reached Cochin Airport and after that they went to home by taxi for a fair of Rs.6,000/-. All this miseries, loss of money, mental agony etc. are due to the deficiency in service of opposite party and hence petitioner filed this petition. Petitioner send a legal notice to the opposite party on 15/10/2014 demanding Rs.61,500/- ie actual amount incurred by him due to non availability of seats in the flight and Rs.1,00,000/- as compensation for the miseries and other hardships but opposite party was neither replied nor paid the amount.
After serving notice, opposite party didn’t appeared and not filed any version and called absent. Hence set ex-parte. Complainant filed Chief Affidavit and documents which are marked as Ext. A1 to A5 (A2 series)
Points for consideration:
- Whether there is any deficiency in service or unfair trade practice on the part of opposite party?
- If so, what is relief and cost?
Evidence consists of affidavit and Ext. A1 to A5.
In this case, petitioner averred that even after taking to and fro tickets, opposite party didn’t take care to inform him the reschedule of flight for their return journey, it is the bounded duty of the travel agent to inform the ticket holder about the change of time of flight and this they can avoid the inconvenience and other hardships, which the petitioner and his family suffered. Ext. A1 and A2 produced by the petitioner clearly proved that he was a consumer with regard to opposite party and he had taken 5 tickets for his journey under Tour Package from opposite party. Ext. A2 series clearly shows that the scheduled time for return journey of flight No. E.K. 562 of Emirates was at 14.45 hrs. on 14th May, 2014 and Ext. A3 shows that they had paid an additional amount to get seats in another flight and Ext. A4 clearly proved deficiency in service on the part of opposite party. If it is not so, opposite party has to come and disprove the case.
In the light of the decision of the Hon’ble National Commission AIR 2009 (NC)2307 Station Master and another V/s.Femina Zai, we are agreeing with the averments of the petitioner that it is the bounded duty of the opposite party to inform the petitioner about the reschedule of flight as and when the information received from the Emirates Airlines.
On considering the above facts and evidence, we are of the opinion that there is deficiency in service in the part of opposite party. In view of the findings in Point No. 1, petition is to be allowed and the petitioner is entitled to get reliefs, but considering the compensation, he has not produced anything to prove the actual loss sustained by him and hence prayer can’t be allowed as such. Hence we fix Rs.20,000/- as compensation, which we feel just and proper.
In the result, opposite party is ordered to pay Rs.61,000/- (Rupees sixty one thousand only) as monitory loss (additional amount spent for tickets, car rent and other expenses for their stay in Dubai for another 4 days) and Rs.2,000/- (Rupees two thousand only) as cost and Rs.20,000/- (Rupees twenty thousand only) as compensation for their inconvenience and other mental and physical hardships. Comply the order within 30 days from the date of receipt of this order. Failing which the complainant can execute the order as per the provision of Consumer Protection Act.
Dated this the 22nd day of September, 2015
Date of filing 11.12.2014.
SD/-President SD/-Member SD/- Member
APPENDIX
Documents exhibited for the complainant:
A1 mail electronic tickets Itinery receipts dtd.28.01.2014.
A2.e-ticket receipt/Itinery (Series 5 in Nos.)
A3. EMD receipt dtd.14.05.14
A4.Email from Emirates Airlines dtd.27.05.15
A5. E.mail from Emirates Airlines dtd.20.06.15
Documents exhibited for the opposite party.
Nil
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
