DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB          : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday the 31^st  day of May 2023

CC No. 71/2023

Complainant

Premkumar Chandra Rajah

Mangalam, Villa No.1,

Cubix Coconut Grove,

A.R.Camp Road,

Kozhikode – 673 012.

Opposite Party

M/S. AUSFLUG HOLIDAYS PVT. LTD.,

Jas Building,

Opposite Govt. Law College,

Vellimadukunnu,

Kozhikode – 673 012.

ORDER

By Sri. Sri.V. BALAKRISHNAN– MEMBER

          This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

 2. The case of the complainant, in brief, is as follows:

          The complainant purchased an Air ticket for his friend and his wife to travel from Dubai to Kozhikode by Air India flight No.938 on 22^nd January 2023 vide PNR 1G-3GPFJM issued on 13^th January 2023 through the opposite party.   Rs.21,700/- was paid to the opposite party for the issued tickets. The passengers for whom the ticket was issued had to postpone their travel from 22^nd January 2023 to 26^th January 2023. The message was given to opposite party on 21 January 2023, 9.52 IST, 29 hours 28 minutes before the departure of the booked flight. He was informed that the cancellation charges are Rs.12,100/-. The opposite party then informed that the ticket has become ‘No show’ and refund option is not possible. The Airlines in time was not informed in time by the opposite party on receipt of the request for cancellation and postponement. There is deficiency of service on part of opposite party who failed to inform the Airlines in time regarding cancellation and postponement resulting ‘No show’. Finally he had to purchase fresh Air tickets on 26^th January 2023 through another travel agency paying Rs.25,800/-.

3. The complainant prays to get back an amount of Rs.9,600/- deducting cancellation charge of Rs.12,100/- from the ticket charge of Rs.21,700/-. He also demands the expenses of Rs.400/-. In addition to that a compensation of Rs.10,000/- towards his hardship and mental agony is demanded from the opposite party.    

4. The opposite party was set ex-parte.

5. The points that arise for determination in this case are;

   (1). Whether there was any deficiency of service on the part of the opposite parties, as alleged?

                 (2). Reliefs and costs.

6.     Evidence in this case consists of oral evidence of PW1 and Exts.A1 to A7.

7.  Heard the complainant.

8.  Point No. 1: In order to substantiate his case, the complainant got himself examined as PW1. PW1 has filed proof affidavit and deposed in terms of averments in the complaint. Ext.A1 is the flight ticket issued by opposite party. Ext.A4 is the communication details between the complainant and the opposite party. On detailed examination of the communication made, it can be seen that  the complainant had informed about the postponement of the journey at 9.52 IST on 21-01-2023. On receiving the message that the extension of the ticket is the better offer than cancelling and taking fresh ticket, the complainant informed the date of proposed new journey as 26^th January 2023. The message was conveyed by him at 12.32 pm on same day.

9.    The time of journey as per the Ext. A1 is 1.10 PM local time at Dubai and Indian standard time  2.40 PM on 22-01-2023. As a responsible travel agency the opposite party should have acted to postpone the ticket on receiving the message well in advance of 24 hours of departure time.

    10. The evidence of PW1 stands unchallenged. The opposite party has not turned up to state their version and they chose to remain ex-parte. No contra evidence is there. Deficiency of service in part of the opposite party stands proved through the testimony of PW1 and Ext A4. The complainant is entitled to get back the amount lost in not rescheduling or cancelling the Air ticket. He is also eligible for compensation of Rs.5,000/- for the hardship and mental agony suffered.

   11.    Point No. 2 : In the light of the finding on the above point the complaint is disposed of as follows:                                                         

1. C.C.71/2023 is allowed in part.
2. The opposite party is directed to pay  Rs.9,600/- (Rupees nine thousand six hundred only) to the complainant, the difference of ticket charge and cancellation charge (Rs.21,700-Rs.12,100)
3. The opposite party is directed to pay Rs.5,000/-(Rupees five thousand only) as compensation to the complainant for the hardship and mental agony suffered.
4. The payment shall be made within 30 days from the date of receipt of copy of this order, failing which, the amount of Rs,9,600/- shall carry an interest @ 6% per annum from the date of this order till actual payment.
5. No order as to costs

  Pronounced in open Commission on this, the 31^stday of May, 2023.

Date of Filing: 25-02-2023.

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PRESIDENT                                      MEMBER                                      MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the Passport.

Ext.A2 – E-ticket copy issued by opposite party.

Ext. A3 – Payment details made by the complainant.

Ext. A4 – Communication details between the complainant and the opposite party.

Ext. A5 – Communication details between the complainant and the opposite party.

Ext. A6 – Copy of the new Air ticket purchased by the complainant.

Ext. A7 – Payment details made towards the purchase of new flight ticket.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Premkumar Chandra Rajah (Complainant)

Witnesses for the opposite parties 

Nil.

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PRESIDENT                                MEMBER                                    MEMBER

                                                                                True copy,

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                                                                         Assistant Registrar.