SRI.K.ANIRUDHAN (MEMBER)<br /> <br /> Sri. K.N.Pillai has filed this complaint before the Forum alleging deficiency in service on the part of the opposite party. The brief fact of the contentions of the complainant is as follows: - The complainant is working in Riyadh for the last 10 years. On 15-06-2005, he came to India on vacation and that he was holding a confirmed ticket for his return journey to Riyadh on 15th July 2005, by Air India flight No. A1929. On 11-07-2005, the complainant got his return ticket reconfirmed by the opposite party after payment of the required fee and the complainant got the official receipt also, for that payment. On 14-07-2005 at 4.30 pm, the complainant contacted the Air India office and enquired the matter of seat confirmation. But he was informed by Air India that his ticket got cancelled since it was not reconfirmed prior to 72 hours of travel as per air line rule. So he was forced to take a fresh ticket after payment of Rs. 17,600/- and he loss of a sum of Rs. 5,000/- for cancellation of the return ticket. The complainant sent notice to the opposite party stating the matter. Since there was no response to refund the amount he has filed the complaint alleging unfair trade practice and deficiency in service, and for a direction to the opposite party to refund the amount and for other relief.<br /> 2. Notice was sent to the opposite party. They entered appearance and filed version along with documents in evidence. In the version, opposite party has admitted that the complainant approached the complainant on 11-7-2005 for reconfirmation of his confirmed reservation ticket by flight No. A1929 on 15-7-2005 and that the opposite party reconfirmed the ticket with Air India over telephone in the presence of the complainant. It is further stated that the complainant had not submitted the passport and air ticket before the opposite party. The version further stated that they have received Rs. 40/- by way of expenses from the complainant and that the opposite party was not responsible for the cancellation of the ticket of the complainant. It is further stated that the complainant ought to have produced the ticket and passport prior to 72 hours of travel. Since the complainant was not willing to follow the produce which resulted in the cancellation of the ticket. Considering the rival contentions of the opposite party, this Forum has raised the issues:- <br /> a) Whether there is any deficiency in service on the part of the opposite party?<br /> b) Relief and costs.<br /> 3. On the side of the complainant, he has produced 6 documents marked as Exts. A1 to A6. Opposite party has produced 5 documents, Exts. B1 to B5. The documents given in evidence by the complainant, Ext. A1is the copy of the Air Ticket from Thiruvananthapuram to Riyadh in the Air India flight. Ext. A2 is the receipt dated 11-07-2005 issued by the opposite party to the complainant. It is for an amount of Rs. 40/- for reconfirmation charge-TRI-RUH-AI, dated 15-07-2005. Ext. A3 is the copy of the ticket of the applicant Sri. Narayana Pillai. Ext. A4 is the copy of the letter dated 23-07-2005 issued by the complainant to the opposite party stating the matters. Ext. A5 is the copy of the order of the CDRF and Ext. A6 is the Power of Attorney to Sri. Ramachandran Pillai to conduct the case and other matters, together with the copy of Air ticket. The documents produced by the opposite party, Ext. B1 is the letter dated 18-12-2005 addressed by the complainant to the Superintendent, CDRF, Alappuzha. Ext. B2 is the letter of the complainant to the opposite party. Ext. B3 is the letter dated 10-10-2005 of the complainant to the opposite party requesting to take steps regarding the settlement of dispute. Ext. B4 is the conditions of AIR regarding over booking of flights and Ext. B5 is the copy of attendance register for the month of July 2005.<br /> 4. Issue Nos. 1 and 2:- Considering the dispute of the complainant, it can be seen that the complainant approached the opposite party on 11-07-2005 for taking steps to the confirmation of the valid ticket for his return journey to Riyadh, and remitted the required fee for that purpose, before the opposite party. But the ticket of the complainant just cancelled since it was not reconfirmed prior to 72 hours of travel by the Air India. It was the fault of the opposite party. Since the opposite party has collected the fee from the complainant for that purpose, the opposite party is bound to take necessary steps for reconfirmation in time. The contentions raised against that step, on the side of the opposite party, cannot be accepted as a valid ground. On a perusal of the documents-Ext.A1 to A6 on the side of the complainant and Exts. B1 to B5 on the side of the opposite party, it can be seen that the complainant’s contentions are genuine and a consumer dispute is there. On a careful examination of the documents, affidavit and depositions of both sides and after a detailed hearing, we are of the view that there is deficiency in service and gross negligence on the part of the opposite party and the opposite party is compensate for that. The issues are found in favour of the complainant. Hence the complaint is to be allowed. In the result, we direct the opposite party to refund Rs. 17,600/- (Rupees Seventeen Thousand and Six Hundred only) to the complainant incurred by him for taking fresh ticket for his return journey together with a sum of Rs. 5,000/- (Rupees Five Thousand only) by way of compensation for the gross negligence on the part of the opposite party and a cost of Rs. 1,000/- (Rupees One Thousand only). We hereby further direct the opposite party to pay the said amounts to the complainant within one month from the date of receipt of this order.<br /> Complaint allowed.<br /> Pronounced in Open Forum on this the 30th day of June, 2008.<br /> Sd/- SRI. K.ANIRUDHAN<br /> <br /> Sd/- SRI. JIMMY KORAH<br /> <br /> Sd/- SMT. N.SHAJITHA BEEVI<br /> <br /> APPENDIX<br /> <br /> Evidence of the Complainant:<br /> <br /> PW1 - K.N.Pillai (Ramachandran Pillai)<br /> Ext. A1 - Copy of Air ticket from Trivandrum to Riyadh<br /> Ext. A2 - Copy of Receipt dated 11-07-2005<br /> Ext. A3 - Copy of the ticket<br /> Ext. A4 - Copy of letter dated 23-07-2005<br /> Ext. A5 - Copy of the order from CDRF, Alappuzha dated 16-03-2006<br /> Ext. A6 - Power of Attorney<br /> <br /> Evidence of the Opposite party:<br /> <br /> RW1 - Krishna Kumar S<br /> Ext. B1 - Letter dated 18-12-2005<br /> Ext. B2 - Letter dated 25-07-2005<br /> Ext. B3 - Letter dated 10-10-2005<br /> Ext. B4 - Conditions of AIR regarding over booking of flights<br /> Ext. B5 - Copy of attendance register for the month of July.<br /> <br /> <br /> // True Copy //<br /> <br /> <br /> By Order<br /> <br /> <br /> <br /> Senior Superintendent<br /> To<br /> <br /> Complainant/Opposite party/SF<br /> <br /> <br /> Typed by: Sh/-<br /> Compd by: <br />