BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 22^nd day of March 2017

Filed on : 04-01-2016

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.3/2016

Between

1. Thomas Puthenpurayil John, : Complainant

S/o. George John, Mattapallil, (By Adv. George Cherian Karippa-

49/1878 B Suraj Enclave, parambil, Karippaparambil

Edapally P.O., HB-48, Panampilly Nagar P.O,

Kochi-682 024. Kochi-682 036)

2. Sharon Susan Abraham,

W/o. Thomas Puthenpurayil

John, 49/1878 B, Suraj Enclave,

Edapally P.O., Kochi-682 024.

3. Ms. Joann Annie Thomas,

D/o. Thomas Puthenpurayil John,

49/1878 B, Suraj Enclave,

Edapally P.O., Kochi-682 024,

Minor represented by her

next friend and father,

Mr. Thomas Puthenpurayil John,

4. Ms. Suzanne Sarah Thomas,

D/o. Thomas Puthenpurayil

John, 49/1878 B, Suraj Enclave,

Edapally P.O., Kochi-682 024,

Minor rep. by her next friend

and father, Mr. Thomas

Puthenpurayil John.

And

M/s. Interglobe Aviation Ltd., : Opposite party
(INDIGO) Airport Terminal, (absent)

Nedumbassery International

Airport, Cochin-683 111

rep. by its Managing Director,

Mr. Rahul Bhatia.

O R D E R

Cherian K. Kuriakose, President.

Complainant's case

The complainants are husband, wife and children who are presently residing in Dubai in connection with the employment of the 1^st complainant. The complainants booked Air ticket on 05-08-2015 from Dubai to Cochin on 16-12-2015 and for the return journey from Cochin to Dubai on 31-12-2015. Payment was made from Dubai. On 06-12-2015 when the complainant reached International Airport Dubai to board the flight, he was informed that the ticket for their journey from Dubai to Cochin and return were cancelled online on 23-09-2015 and tickets were held by the opposite party. The complainant had therefore arranged a ticket in Spice Jet for a business meeting at Ahemadabad. He had also booked his return ticket to Dubai expending an amount of AED 6888. The complainant was informed by the opposite party that the tickets were cancelled by a telephone call and further that while cancelling the reservation the 1^st complainant's e-mail ID and telephone number given to the opposite party by the 1^st complainant while booking the tickets were changed as instructed by the caller who cancel the ticket. Accordingly, the new telephone number was updated by the opposite party. On 23-12-2016 the opposite party had refunded an amount of AED 6888 to the master card account of the 1^st complainant. There is deficiency in service on the part of the opposite parties. The complainant therefore prayed for compensation.

2. Notices were issued to the opposite parties . Despite service, the opposite parties did not appear and consequently was set ex-parte.

3. When the matter came up for complainant's evidence he filed a proof affidavit and Exbts. A1 to A10 were marked. Heard the complainant.

4. On the above pleadings the following issues raised for consideration.

1. 1. 1. Whether this Forum has jurisdiction to entertain this complaint?

      2. If so, whether the complainant had proved any deficiency in service on the part of the opposite parties?

      3. Reliefs and costs

5. Issue No. i. According to the complainant he purchased the tickets under booking reference V21BKR from Dubai. On going through Exbts. A1 to A10 documents produced by the complainants, we find nothing to show that any part of cause of action arisen within the jurisdiction of this Forum. We therefore find that this Forum has no territorial jurisdiction to entertain this complaint. The issue is accordingly found against the complainant.

6. Issue No. ii. Having found issue number one against the complainant the question for consideration of present issue does not arise.

7. Issue No. iii. Having found issue number i and ii against the complainants we find that the complaint is liable to be dismissed and is accordingly dismissed.

Pronounced in the open Forum on this the 22^nd day March 2017.

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Sheen Jose, Member.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent.

Appendix

Complainant's Exhibits

Exbt. A1 : Copy of ticket

A2 : Copy of Air ticket

A3 : e-Ticket Itinerary/Receipt

dt. 16-12-2015

A4 : Copy of ticket

A5 : Copy of g-mail dt. 17-12-2015

A6 : Copy of g-mail

A7 : Copy of g-mail

A8 : Copy of g-mail dt. 23-12-2015

A9 : Copy of g-mail dt. 30-12-2015

A10 : copy of e-mail dt. 18-01-2016

Opposite party's exhibits: : Nill

Copy of order despatched on:

By Post: By Hand: