PRESENT:      Sh.Gaurav Bhardwaj, Adv. for complainant

Sh.Raman Sharma,  Sales Executive O/O OP-1.

OP-2 already exparte.

                            ---

PER ASHOK RAJ BHANDARI, MEMBER

          Ms.Suman Bala has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed  to :-

i)              To refund the deducted amount of Rs.7950/- along with interest 18% p.a.

ii)         To pay a sum of Rs.10,000/- as compensation for mental agony and harassment.

iii)    To pay a sum of Rs.5500/- as litigation expenses.

2.        In brief, the case of the complainant is that she purchased three air return tickets of Kingfisher Airlines (OP-2) from Chandigarh to Mumbai and back for a sum of Rs.17850/- (i.e. Rs.5758/- for each ticket plus Rs.600/- as service charges) vide invoice No.6560 dated 08.04.2009 (Annexure C-1). As per the programme, the complainant was to undertake journey from Chandigarh to Mumbai on 15.06.2009 and was to return on 30.06.2009. However due to some personal reasons, she changed her programme and did not perform her journey. So she informed  OP-1 vide letter dated 20.04.2009 (Annexure C-2) for cancellation of the tickets and requested for refund of the price of the tickets. The case of the complainant is that OP-1 returned a sum of Rs.9900/- only and did not return the remaining amount of Rs.7950/-. On enquiry, she was told that the price of the tickets were non-refundable. So only the amount which was to be paid as taxes has been returned.

          The case of the complainant is that non-refund of the price of the tickets despite the fact that a request for cancellation of the tickets and return of the price was made two months prior to the proposed journey amounts to deficiency in service and unfair trade practice. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        In the reply filed by OP-1, it has been pleaded that at the time of booking the said tickets, the complainant was told by its employee namely Ms.Neha that the tickets were non-refundable and in case of cancellation, only taxes would be refunded.  It has been admitted that a request was received on 20.04.2009 for cancellation of the tickets. So, according to OP-1, a sum of Rs.9900/- being the amount to be paid as taxes was refunded to the complainant. The remaining amount towards the price of the tickets was not returned as it was non-refundable. In these circumstances, according to OP-1, there is no deficiency in service on its part and the complaint deserves dismissal.

4.        OP-2 was duly served. But OP-2 did not appear either in person or through counsel, thus OP-2 was ordered to be proceeded against exparte vide order dated 01.09.2009.

5.        We have heard the learned counsel for the parties and have gone through the entire record including documents, Annexures, affidavits etc. 

6.        Admittedly, OP-1 accepted a sum of Rs.17,850/- from the complainant for issuing three tickets for journey from Chandigarh to Mumbai and back.  It is also admitted case of the parties that the complainant was to undertake journey from Chandigarh to Mumbai on 15.06.09 and she was to return on 30.06.2009. It is also admitted case of the parties that the complainant did not undertake the said journey and that on 20.04.2009, she made a request for cancellation of the tickets and refund of the amount.  Admittedly, a sum of Rs.9900/- only was refunded being the amount to be paid as taxes. 

7.        The case of the OP-1 is that the remaining amount was non-refundable. It is the case of OP-1 that the complainant was intimated at the time of purchasing of tickets that the tickets are non-refundable. The perusal of the tickets shows that no such condition has been printed on these tickets. No documentary evidence has been placed on record to prove that the price of the tickets was non-refundable and this fact was intimated to the complainant at the time of purchase of the tickets. So the self-serving deposition of OPs to this effect cannot be accepted.

8.        Thus, non-refund of the price of the tickets in such circumstances amount to deficiency in service and unfair trade practice.

9.        In view of the above findings, this complaint is allowed with a direction to OPs to refund the amount of Rs.7950/- being the price of the tickets along with a sum of Rs.7000/- as compensation for mental agony and harassment. OPs are also directed to pay to the complainant a sum of Rs.5000/- as costs of litigation.

10.       This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which the OPs shall be liable to pay the amount of Rs.14,950/- to the complainant along with penal interest @ 18% p.a. from date of filing of the complaint i.e. 06.08.2009 till its realization besides costs of litigation.

11.       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.02.2010.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

cm

sd/-

(ASHOK RAJ BHANDARI)

MEMBER