West Bengal

Kolkata-I(North)

CC/10/93

Saroj Kothari and another - Complainant(s)

Versus

M/s Kingfisher Airlines Ltd. - Opp.Party(s)

13 Mar 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/10/93
 
1. Saroj Kothari and another
62/7, Ballygunge Circular Road, Kolkata-700019.
Kolkata
West Bengal
...........Complainant(s)
Versus
1. M/s Kingfisher Airlines Ltd.
4, Bankshall Street, Kolkata-700001.
Kolkata
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Smt. Sharmi Basu MEMBER
 
PRESENT:
 
ORDER

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:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainants purchased two air tickets for them from o.p. from Kolkata to Hyderabad on 11.12.09 by flight no.3434 at 6-50 a.m. and return on 13.12.09 by flight no.3433 at 8-00 p.m. at Rs.18,000/- and on the schedule date of journey it was ascertain that those two tickets were not there in their luggage bag and matter was reported to Manager of the Airport and Manager confirmed through printed status report which showed confirmed valid journey tickets and complainants were asked to purchase fresh tickets and they purchased fresh two tickets at one side journey of Rs.16,000/-.

            It is also seen from the record that subsequently it came to the notice of the complainants from the record that those tickets were booked for other persons in waiting and finding no alternative complainants had to pay Rs.28,712/- to another airlines (Indigo) for up-down flight for two persons . O.p. remained silent to the letter of the complainants dt.24.12.09.

            In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.p. O.p. is directed to pay to the complainant a sum of Rs.28,712/- (Rupees twenty eight thousand seven hundred twelve) only being loss suffered by complainant and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only  within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'ABLE MRS. Smt. Sharmi Basu]
MEMBER

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