ORDER
Sh.S.N. Shukla, Member
Both the aforesaid complaints have identical facts and are being disposed of by this common order. The complainants in both the cases had booked airline tickets from Mumbai to Delhi from OP1. The complainants were informed that these were confirmed tickets ,however, a day before schedule, on enquiry the complainants were informed that OP2 had cancelled its flight and there was no alternative arrangement with OP2 for commuting to complainants and their family members. The complainants had ,therefore, purchased tickets from another airline i.e. Go Air at a Higher cost. They had also to travel to Delhi Airport earlier i.e. on 27.10.2012 whereas there hotel booking were upto 28.10.2012. The complainants had sought the refund of the cost of the tickets along with the excess amount paid by them but the Ops had refused to oblige. Hence, the complaints.
Both the Ops were served by registered post but had failed to contest the complaint. They were , therefore, ordered to be proceeded with ex-parte.
We have heard arguments advanced at the bar and have perused the record.
The complainants in both the cases have filed separate affidavits wherein they had corroborated the contents of the complaints filed by them. There is no rebuttal to the evidence filed by the complainant and therefore, we believe in story put forth by the complainants. We hold that the Ops were deficient in rendering services to the complainants. They had cancelled the flight on which the complainants and there family members were schedule to travel and were in possession of confirmed tickets. They had failed to make any alternative arrangement as a result of which the complainant was forced to purchase tickets at a higher rate and had also suffered financially otherwise.
We direct OP1 and OP2 jointly and severally as under:-
In complaint no. 199/13 Jitender V/s Kafila Tours:-
- Pay to the complainant a sum of Rs. 33,198/-.
- Pay to the complainant a sum of Rs. 10,000/- for the pain and agony suffered by the complainant which will also include cost of litigation.
In complaint no. 200/13 Rakesh V/s Kafila Tours :-
- Pay to the complainant a sum of Rs. 33,198/-
- Pay to the complainant a sum of Rs. 10,000/- for the pain and agony suffered by the complainant which will also include the cost of litigation.
The original copy of order shall be kept in case no. 199/2013 and its copy shall be kept in case bearing no. 200/13.
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
