KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 319/2002

JUDGMENT DATED:26-07-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

V.Pradeep,

‘Varnam’, P.O.Kadalundi,                                                 : APPELLANT

Calicut – 673 302.

(By Adv:Sri.Shyam Padman)

            Vs.

1.         M/s Indian Airlines,

Eroth Centre,

Calicut – 673 001.

(By Adv:M/s Menon & Pai)

2.         M/s Akbar Travels of India,

Tashkant Chambers,                                             : RESPONDENTS

Bank Road,

Calicut – 673 001.

3.         M/s New Akbar Travels of India,

Ramanattukara, Calicut.

                                       JUDGMENT

JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT

Appellant is the complainant in OP.227/01 in the file of CDRF, Kozhikkode.  Appeal has been filed seeking enhancement of amount ordered to be paid.  The 2^nd opposite party/Travel Agency has been directed to pay compensation of Rs.25,000/- with interest at 12% per annum from 25/4/2001 the date of complaint and also a sum of Rs.2000/- towards cost.  The 1^st opposite party/Indian Airlines has been directed to refund the fair of unused portion of Ext.P1 ticket within one month.

2. The matter is in respect of the air ticket purchased from the 2^nd opposite party/Travel agent to and fro from Calicut to Lucknow via Delhi.  Although the tickets were stamped as O.K the said sector from Delhi to Lucknow was not confirmed.  Hence he could not travel in the Delhi-Lucknow sector and also the return Lucknow – Delhi Sector.  According to him he had no previous experience in air travel and he was held up in Delhi and had to suffer a lot.

3. The 1^st opposite party/Indian Airlines has contended that the mischief was actually done by the 2^nd opposite party/Travel agent.  In fact the Delhi- Lucknow  and Lucknow-Delhi Sector was full and the same was suppressed in the tickets issued.

4. Second opposite party/Travel agent has contended that it was at the insistence of the complainant who had told him that he can manage using his influence in the airlines office that the ticket was issued as O.K.

5. The evidence adduced consisted of the testimony of PW1 and Exts.P1 to P7.

6. The Forum has rightly disbelieved the version of the 2^nd opposite party that it was at the instance of the complainant that the tickets were marked as confirmed and ordered to pay compensation.  The 1^st opposite party/Airlines was directed to refund the fair of the unused portion of Ext.P1 ticket.  It is pointed out by the counsel for the appellant/complainant that the Forum omitted to note that the unused portion of Ext.P2 ticket also ought to have been ordered to be refunded and that the same was inadvertently omitted by the Forum.  The counsel for the 1^st respondent/Airlines has also admitted that the airlines shall refund the unused portions of the tickets.  The appellant/complainant has also sought for interest on the amount.  It is his case that even after repeated requests the 1^st opposite party did not refund the unused portions of the tickets.  In the circumstances the order of the Forum with respect to the 1^st opposite party/Indian Airlines is modified to the effect that 1^st opposite party shall refund to the complainant the fare of the unused portions of Exts.P1 and P2 tickets ie the to and fro tickets with interest at 12% per annum from the date of the complaint ie 25/4/2001.  The order with respect to the 2^nd opposite party/Travel agent is confirmed.

In the result the appeal is allowed as above.

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.