DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 19th day of July, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing 01/12/2022
CC/242/2022
Sowmya Vijayakumar
D/o V.S.Vijayakumar,
Upasana, Bank Road,
Alathur,
Palakkad – 678 541. - Complainant
(Party in person)
Vs
1. M/s Altal Tours & Travels Pvt. Ltd.,
Marathon Innova,
Sea Wing -001
Lower Parel (W)
Mumbai – 400 013.
(Ex-parte)
2. Brijesh
M/s Fly Miles Holidays,
QMC2+JHR,Mangalam Towers,
Town Bust stand road,
Palakkad – 678 001. - Opposite parties
(Ex-parte)
O R D E R
By Sri.Krishnankutty.N.K., Member.
1. Pleadings of the Complainant.
The complaint is all about the non-refund of air-fare on account of flight cancelled due to Ukraine War. The complainant booked Ukraine to Kochi Air Arabia flight ticket through the opposite parties for her travel on 24.02.2022. The flight was cancelled due to war, but the refund of the air fare is yet to be received by the complainant. The 1st opposite party refused to give the refund directly to the complainant as the ticket was booked through a sub-agent(OP2). As the sub-agent was not traceable inspite of her best efforts, she filed this complaint seeking refund of the flight charges along with compensation for delay.
2. Though notices were issued to the opposite parties, they did not enter appearance and hence were set ex-parte.
3. The complainant’s evidence comprise of proof affidavit and Ext.A1 marked. which is the Ticket reservation confirmation issued by the 1st opposite party.
4. In the absence any counter pleadings from the side of opposite parties, we have reach a conclusion based on the proof affidavit and evidence adduced by the complainant. Ext.A1 is the reservation confirmation issued by the 1st opposite party clearly showing the charges paid as Rs.61,698/- Since the flight was cancelled due to war, the air lines would have normally refunded the amount to 1st opposite party. In the normal course of business, the amount should have been refunded to the complainant through the 2nd opposite party, who is the sub-agent. Non traceability of the sub-agent should not be a reason for not refunding the flight charges to the complainant whose name and particulars were given to them, while booking the ticket. It is not clear from the pleadings or affidavit, whether the issue of closure of sub-agent’s office and his on-traceability have been properly represented to 1st opposite party. However, as the refund amount has already been received by them, they are liable to pay the amount to the complainant. Evenafter the filing of this complaint, the 1st opposite party did not make any effort to make the refund or to participate in the proceedings and present their case.
5. Therefore the complaint is allowed and the following reliefs are ordered.
1. The 1st opposite party is directed to refund the Air ticket fare of Rs.61,698/- along with interest @ 10% per annum from 27/02/2022 till the date of payment.
2. The 1st opposite party is also directed to pay Rs. 25,000/- as compensation &
3. The 1st opposite party is also directed pay cost of Rs.5000/-
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium per month or part thereof till the date of payment.
Pronounced in open court on this the 19th day of July, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Krishnankutty.N.K.
Member
Appendix
Documents marked from the side of the complainant:
Ext. A1: Air ticket Reservation Confirmation dated 21/02/2022.
Documents marked from the side of opposite party: Nil
Witness examined: Nil
Cost: Rs. 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
