Delhi

New Delhi

CC/1106/2010

Gurnam Arora - Complainant(s)

Versus

M/S. British Airways - Opp.Party(s)

01 Jul 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

 (DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                            NEW DELHI-110001

 

 

Case No.C.C./1106 /2010                                                                         Dated:

            In the matter of:

            Sh. Gurnam Arora (Joint Managing Director)

            Kohinoor Foods Ltd.

            201, Vipps Centre,

            Masid Moth, Greater Kailash – II

            New Delhi - 110048                                                          …… Complainant

 

Versus

            British Airways

            (Through Managing Director)

            DLF Qutab  Plaza,

            Gurgaon, Haryana

 

             Also At:

             

              DLF Centre

              Sansad Marg

              New Delhi- 110001                                                     ……..Opposite Parties

 

 

 

                   

                   

H.M. VYAS – MEMBER

                                                                        ORDER

The gist of the complaint is that the OP gave an advertisement offering discounts of 50% on all trips for travel in all booking classes in their first and club world cabins on the next trip from Indian online gateway to U.K., Europe and U.S.A. on the next trip from Indian online gateway to U.K., Europe and U.S.A. This offer was valid for three days i.e. 22^nd May to 25^th May 2009 and out bound travel were valid from 1^st June till 30^th September 2009.  It is stated that the terms and condition of the offered mentioned that the change in date. A sum of Rs. 7,300/- was payable.  The complainant  booked  their agent of the OP i.e. M/s Aman Travels on 23^rd May, 2009 by paying a sum of Rs. 1,19,858/-. The entire cost of the tickets for out bound travel was paid on 19.09. 2009 and return journey on 27.09.2009.  The complainant had to change his complaint or journey and as such approached the OP through travel  agent itinerary change by paying additional cost of Rs. 7,300/- as per the terms and conditions. The OP in contravening of the terms and conditions of the offer refused the request of the OP to change the itinerary and demanded extra payment as per the prevailing price. The complainant had to go  to USA for which complainant made several request  to OP for changing the itinerary as per the terms and conditions but all efforts went in vain.  In such circumstances and also the obstinate attitude and unprofessional behavior of OP and the complainant bought another ticket for USA from AIR FRANCE which cost him more than 2 lacs.

The persistent communications with Ms. Nepali Gandhi (Manager, India Trade Sales of the Opposite Party) right from the beginning continued but she communicated  the complainant  the complainant to fly under the offer of OP to late but by that time , the complainant has already purchased  ticket  of AIR FRANCE costing more than 2 lacs.  The OP did not refund  the amount without  charging  the penalty and as such  email  dated  23.12.2009 valid  by legal notice dated 12.02.2010 and 05.05.2010 were sent . The omission and negligent behavior of the OP has been  alleged, following prayer has been made :-

1. It is therefore, most respectfully prayed that this Hon’ble Forum may kindly be pleased  to pass an award  in the sum of Rs. 3,81,358/- with interest  @ of 24 % per annum from the dated filing of the complaint  till its realization in favour of the complainant and against the opposite party.
2. To award cost of the present petition.
3. Any other relief  that this court may deem fit in the circumstances

 

The OP filed written statement contesting the complaint. It is stated that the complaint cannot be adjudicated without adding the travel agent and it is also stated that complaint is liable to be dismissed for non-joinder of necessary parties. It is further admitted that the amount deducted by the OP is correct and there is not infirmity according to the terms and contract between the parties at the time of booking e-tickets. The OP has changed that the terms and conditions of the offer mentioned about change of date subject to payment of Rs. 7,300/- beyond the period of offer. All allegations have been changed and reliance has been made on the terms of offer regarding changes by both the parties.

Both the parties have filed their respective evidence by way of affidavit.  The complainant has also moved an application under Section  340 read  the Section 195(1)(B) CRPC and other Sections of IPC  alleging false affidavit filing on behalf of the OP which is  also pending . Both the parties are filed written submissions.  The complainant also addressed oral arguments.

We have perused the material before us carefully and considered the submissions of the parties. The entire issue revolves upon the terms and conditions regarding change of itinerary/ date of tour.  The relevant portion thereof is reproduced below.

 

Changes

Before Departure

Charge INR 7300/-

Rerouting/upgrading to any higher fare of cabin at charge of INR 7300 per transaction plus any difference in fare.

In case of Upgrade  the original  cancellation  charge will  apply  if the upgraded ticket is subsequently cancelled.

When the new itinerary  results in

A lower fare the INR 7300 change fee will apply and no refund will be made.

Charge applies to adult and children only

changes on day of departure or after no showing will be charged  at INR 20000.

Original refund conditions  apply to any upgraded  ticket.

 

After Departure

Charge INR 7300.

Note –

Rerouting/upgrading to any higher fare of cabin at charge of INR 7300 per transaction plus any difference in fare.

Incase of Upgrade the original cancellation charge will apply if the upgraded ticket is subsequently cancelled.

When the new itinerary results in a lower fare the INR 7300 change fee will apply and no refund will be made.

Charge applies to adult and children only

 Changes on day of departure or after no showing will be charged at INR 20000.

Original refund conditions apply to any upgraded ticket.

 

The undisputed facts are about the purchased of the tickets under the offer given by the OP. The offer was valid for three days only and the outbound tour was between 01.07.2009 and 31.09.2009. The complainant requested for change in itinerary by paying additional charges of Rs. 7300/-. through agent. The OP did not refund the entire amount but deducted the penalty under the aforesaid terms of the offer. Regarding changes in the date of journey/ itinerary the terms of the offer given by OP are unambiguous. It is categorically mentioned in the terms and conditions that charges before departure rerouting/upgrading to any higher fare of cabin at charge of INR 7300 per transaction plus any difference in fare. In case of Upgrade the original cancellation charge will apply if the upgraded ticket is subsequently cancelled.  It is admitted position that the complainant opted for change and also purchased ticket of other Airlines.

Thus, in our considered view.  The refund after the deduction deduction of the amount by the OP in such circumstances when the change requested by the complainant was beyond the said period of offer is justified. We do not find any deficiency on the part of OP the complaint is, therefore, dismissed with no orders as to cost. The complainant and the pending application are disposed off in above terms.

 

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on 01/07/2019

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

                                                    (ARUN KUMAR ARYA)

                                                             PRESIDENT

 

   (NIPUR CHANDNA)                                                                        (HM VYAS)

                   MEMBER                                                                                       MEMBER