In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.93/2010
1) Smt. Saroj Kothari and
2) Shri Ashok Kothari,
Both of 62/7, Ballygunge Circular Road,
ANUSUIYA Building, 3rd Floor,
P.S. Ballygunge, Kolkata-19. ---------- Complainant
---Versus---
1) M/s. Kingfisher Airlines Ltd.,
Wallace House, 4, Bankshall Street,
P.S. Hare Street, Kolkata-1. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 29 Dated 13-03-2013.
The case of the complainants in short is that complainants purchased two air ticket coupons for use of them from o.p. for air travel from Dumdum Airport, Kolkata to Hyderabad on 11.12.09 by flight no.3434 at 6-50 a.m. and return back on 13.12.09 by flight no.3433 at 8-00 p.m. by paying Rs.18,000/-.
According to schedule complainants arrived at Dumdum Airport in time on 11.2.09 and in the mean time it was ascertained that the coupon issued by airlines for said up-down journey which were kept in luggage bag are not there and it appears missing while during in way. The matter was immediately reported to the Manager of airlines at airport who immediately printed a status report which shows confirm validity of the journey.
Subsequently o.p. asked them to purchase fresh ticket at cost of Rs.16,000/- to cover financial losses of airlines, if any, arises in future from any other party claiming on basic of lost tickets to cover up-down journey for two persons being the complainants.
Subsequently it has come to the notice of the complainants and evident from records of said o.p. airline that they booked these two tickets for other persons in waiting which is accordingly to the complainants in gross violation of the facts and in circumstances of the case and in violation of natural justice.
Having no other alternative complainants had to pay Rs.28,712/- to another airlines “Indigo’ for arranging their up-down flights for two persons. O.p. airline company is silent to the complainants’ letter dt.24.12.09 by regd. Post addressed to o.p. company recording the incident. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-