Date of Filing:29.09.2007<br /> Date of Order: 29.02.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 29TH DAY OF FEBRUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 2096 OF 2007 <br /> <br /> Vijay Kumar Kathuria,<br /> D-7/60, MIG Flats, Sector-15,<br /> Rohini, Delhi-110089. Complainant<br /> <br /> V/S<br /> M/s Air Deccan,<br /> 35, Cunningham Road,<br /> Opp: Canara Bank,<br /> Bangalore-560 052. Opposite Party<br /> <br /> ORDER<br /> <br /> By the Member Smt. D. Leelavathi<br /> <br /> This complaint is filed by complainant claiming refund of Rs.12,995/- with interest and costs.<br /> The facts of the case are that, the complainant had booked Air Ticket through Deccan Airways on 12/11/2006 from Delhi to Pune on 24/6/2007 through debit card for Rs.3,998/-. The passengers to fly on these tickets were complainant’s daughter and niece. On the said date when he reached Delhi Airport for check-in he was told that the ticket was cancelled on 16/3/2007 itself and the complainant was shocked when they told that the cancellation was made on his request. The cancellation was only one side i.e., from Delhi to Pune, but the tickets were not cancelled from Pune to Delhi. He was traveling along with 12 other passengers, but none of their tickets were cancelled and no refund of the cancelled ticket was made. He was forced to travel by some other Airlines vide ticket No.3317908 by paying an amount of Rs.12,995/-. However, on return from Pune the complainant informed the Deccan Airlines through e-mail dated 29/6/2007, but they have not replied till date. Hence, this complaint for refund of Rs.12,995/- and compensation of Rs.1,00,000/- for harassment.<br /> 2. Notice was issued to opposite party by RPAD. Opposite party put in appearance and filed defense version. The version of the opposite party states that, this complaint is not maintainable on many grounds and also the cancellation of the ticket was made by the complainant on 16/3/2007 and as such it is denied that cancellation of the ticket without the complainant’s knowledge is false and the opposite party further submits that refund of Rs.3,998/- vide cheque No.892747 dated 23/1/2008 was paid to the complainant without prejudice and further states that there is no merit in the allegation of the complainant that the tickets were cancelled by the opposite party. Moreover the complainant can cancel his ticket directly on internet. Hence, the opposite party prayed to dismiss the complaint.<br /> 3. Affidavit evidence of both the parties filed. Arguments heard. <br /> <br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency in service on the <br /> part of the opposite party? <br /> <br /> 2. Whether the complainant is entitled for refund of <br /> Rs. 12,995/-? <br /> <br /> <br /> <br /> REASONS<br /> <br /> 5. It is an admitted fact that, the complainant had booked Air-ticket through Deccan Airlines on 12/11/2006 for traveling from Delhi to Pune on 24/6/2007 i.e., seven months in advance. On 24/6/2007 when the complainant had gone to Airport and at the time of check-in he was shocked to notice that tickets of his daughter and niece were cancelled since he had to travel along with 12 other people. He was forced to take up an alternative flight by paying an extra amount of Rs.12,995/- and he further submits that he had never cancelled the ticket and his return journey from Pune to Delhi was confirmed. Opposite party has not produced records to show that two tickets were cancelled on the request of the complainant. This shows the negligence of the Deccan Airlines and the airlines have reimbursed Rs.3,998/-. In view of all these reasons stated above, we come to the conclusion that, there is a deficiency in service on the part of the opposite party. The difference amount of Rs. 8,997/- shall have to be paid by the opposite party because the complainant was posed to purchase the tickets for higher amount on account of cancellation of two tickets by the opposite party without notice. In the result, we proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to pay Rs.8,997/- with interest at 10% p.a from the date of this complaint and also to pay Rs.10,000/- towards mental agony, harassment etc., and Rs.2,000/- towards costs of this proceedings within 30 days from the date of this order. The opposite party is directed to pay the award amount directly to the complainant by way of D.D or Cheque within 30 days. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 29TH DAY OF FEBRUARY 2008.<br /> Order accordingly,<br /> <br /> MEMBER <br /> We concur the above findings. <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br />