DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI.

Jitender Chadha

6/5 WEA Karol Bagh

New Delhii

                                                                                                                                                                                                              ..........Complainant

Versus

1. M/s Kafila Tours and Travels

10185-C, Arya Samaj Road

Karol Bagh , New Delhi-110005

2. Kingfisher Airlines Ltd

Authorised representative

C-12, SDA Commercial Complex

Opp. IIT Main Gate, New Delhi-11006        ..........Respondent/OP

ORDER

Sh.S.N. Shukla, Member  

The complainant had booked four airline tickets  of OP2 from OP1. The confirmed return tickets were purchased by the claimant having PNR JVHXOX flight IT -3AG from Goa to Mumabi and connecting IT 323 from Mumabi to Delhi on 25-7-2012 for 28-10-2012 after paying Rs.  22539/-. The claimant had booked these tickets to enjoy the holiday at Goa with family and had also booked Hotel etc.

            The claimant as per rule one earlier when contacted the respondents came to know that the Ops had all of sudden cancelled the said booked flight and are unable to make any alternative arrangements. The claimant immediately contacted Go-Air who could adjust them for 27-10-2012 after paying Rs. 33198/- which was more i.e. Rs. 10659/-. The claimant along with his wife and daughter had to leave on 27-10-2012 although booking of the Hotel etc was up to 28.10.2012. The claimant made several request to the OP to refund the excess amount paid for booking but all the promises and assurance made by the Ops came out to be false. The claimant and his family suffered a lot due to the deficiency of providing services by the Ops.

            The complainant’s prayer is that Ops are liable to pay the claim for the sum of Rs. 22539/- as the cost paid and Rs. 33198/- for fresh ticket. It has been further prayed that Ops are liable to pay Rs. 8500/- extra amount on a/cs of hotel due to change in schedule Rs. 25000/- for mental agony harassment and Rs. 10,000/- as cost of the petition i.e. Total amount of Rs. 99237/- along with 18%  p.a. from 27-10-2012 till date of payment.

            The office of the forum had issued notice to Ops on 12-9-2013 and 6-11-2013. Notice issued to OP-2 i.e. Kingfisher Airline received back with the report “ LEFT”. Notice for OP1 had not received back and as much it was presumed that the same had been served upon. However  Ankita Sharma counsel for OP2 appeared and filed memo of appearance on 8.1.2014 and supplied copy of complaint.

            Further Ops had not attended the proceedings on last two occasions as such OP1 were proceeded with Ex-parte on 10-10-2014 and counsel for OP2 also not filed any reply of the complaint till last five consecutives dates as much defence of OP2 was struck off on 10-10-2014.

            In his affidavit complainant stated that the accompanying complaint under section 12 of the consumer protection act has been drafted by him and contents of the same are true and correct and the same may be read as part of parcel of this affidavit.

            We have gone through all the documents on record. In the absence of the detailed explanation and reply of the Ops the complainants allegation stand proved as OP has been ordered to be proceeded with Ex-parte and dfence of the OP2 struck off.

            Under these circumstances we believe the case of the complainant and hold that the Ops were deficient in rendering services to the complainant as a result of which the complainant is suffering loss , harassment , pain and mental agony. We allow the complainant with these directs against the Ops.

1. To refund a sum of Rs. 10493/- paid for the tickets.
2. To pay a sum of Rs. 5000/- towards cost of compensation and cost of litigation charges for the harassment and mental agony suffered by the complainant.

      The OPs shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OPs fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule.  File be consigned to record room.

    Announced in open sitting of the Forum on.....................

(S N SHUKLA)                        (RAKESH KAPOOR)

     MEMBER                              PRESIDENT