BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 323 of 2015

Date of Institution: 19.5.2015

        Date of Decision  :21.03.2016

Ms. Sunaina Mehra D/o Sh. Suresh Chander Mehra R/o 18, Race Course Road, Amritsar

Complainant

Versus

1. M/s. Jet Airways India Pvt.Ltd through its Executive Officer, Siroya Centre, Sahar Airport Road, Andheri (East) Mumbai 400099
2. M/s. Jet Airways India Ltd. having its branch office at Sri Guru Ram Das Ji International Airport Rajasansi, Amritsar through its Chief Manager

       Opposite Parties

Complaint under section 11 and 12 of the Consumer Protection Act, 1986

Present:    For the Complainant                     :        Sh. Rajan Kataria,Advocate

               For the Opposite Parties No.1  & 2 : Sh.Ajay Mehta,Advocate

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Sh. Anoop Sharma, Member

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sunaina Mehra under the provisions of the Consumer Protection Act alleging therein that  she got online reservation of two air tickets  on 1.2.2015 for herself and her mother Sushma Mehra bearing E Ticket No. 5892117037474 and 5892117037475  for a journey of flight No. 9W 390 from Mumbai to Amritsar for 6.2.2015 by making total payment of Rs. 35074/- . According to the complainant , they  could not travel on the abovestated ticket on 6.2.2015 and the opposite parties were duly informed . The complainant requested the opposite parties for the refund of the ticket amount excluding cancellation charges. Complainant has alleged that representative of the opposite party  told to the complainant that the opposite parties are authorized to deduct Rs. 1575/- only for the cancellation of the ticket of premiere  class and shall refund the balance amount to the complainant. After that complainant approached the nodal officer of opposite party No.1 namely Ms.Deepika Poojary and reservation desk executive Ms.Parnali Naidu many a times for claiming her refund, but no refund was made by the opposite parties to the complainant.  Complainant also served legal notice upon the opposite parties  dated 19.3.2015. The opposite party No.1 sent an e-mail on 6.5.2015 and also sent a refund of Rs. 1462/- only whereas the complainant had paid Rs. 35074/-. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to  make the refund of the air tickets. Compensation of Rs. 50000/- alongwith litigation expenses were also demanded.
2. On notice, opposite parties No.1 & 2 appeared and filed written version in which it was submitted that complainant booked two tickets bearing No. 589 217037474 and 589 217037475 in the premier class to travel from Mumbai to Amritsar on flight No. 9W 390 of 6.2.2015. It was submitted that as per rules and regulations of the opposite parties  the tickets booked by the complainant were non refundable in case of no show. It was submitted that the complainant did not cancel her tickets  so the complainant and her mother  were not show on the flight, as such  as per the rules the tickets were non refundable and the complainant was not entitled for the refund of the air fare. As such only taxes of Rs. 1462/- per ticket were remitted to the complainant and the complainant is not entitled for the refund of the ticket amount. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence her affidavit Ex.CW1/A and Ex.CW1/B alongwith documents Ex.C-1 to Ex.C-18.
4. Opposite parties tendered affidavit of Sh.Varun Suri, Manager Ex.OP1,2/1, copy of air ticket Ex.OP1,2/2, copy of payment detail Ex.OP1,2/3 , copy of change and cancellation charges Ex.OP1,2/4.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the  parties and have appreciated the evidence produced on record by both the parties  with the valuable assistance of the ld.counsel for the parties.

6.       From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got reserved two Air tickets of opposite party Airlines on 1.2.2015 for herself and her mother Mrs.Sushma Mehra from Mumbai to Amritsar for 6.2.2015 for flight No.9W390 by making total payment of Rs. 35074/-. The said ticket is Ex.C-1. The complainant submitted that the complainant and her mother could not travel on the above stated ticket on 6.2.2015 and they informed the opposite party and requested the opposite party for the refund of the ticket amount. The complainant submitted that the representative of the opposite party  told to the complainant that the opposite parties are authorized to deduct Rs. 1575/- only for the cancellation of the ticket of premiere  class and shall refund the balance amount to the complainant. But no refund was made by the opposite parties. The complainant served legal notice dated 19.3.2015 posted on 20.3.2015 Ex.C-11. The opposite parties sent reply dated 26.3.2015 Ex.C-12 asking the complainant to send the copy of the air ticket and copy of the entire e-mail correspondence made by the complainant with the opposite parties/their representative. Thereafter the complainant made correspondence with the opposite parties even through her counsel vide letter dated 10.4.2015 Ex.C-13, but the opposite parties only sent a refund of Rs. 1462/- each as the amount of taxes to the complainant and her mother, whereas they did not refund the balance amount to the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties qua the complainant.

7.       Whereas the case of the  opposite parties is that the complainant purchased two tickets for herself and her mother Mrs.Sushma Mehra for journey  on 6.2.2015 vide flight No. 9W 390 from Mumbai to Amritsar vide e-ticket Ex.C-1 under premier  class. The complainant and her mother did not travel on the aforesaid tickets on 6.2.2015 and the seats of the complainant and her mother remained vacant as per the record of the opposite parties “NB means not boarded “ and as per rules and regulations of the opposite party the ticket amount is not refundable in case of no show that is not boarded (NB)meaning the amount of the ticket is not refundable in case the party did not board the flight and the seat remained vacant throughout the journey. Ld.counsel for the opposite parties submitted that the complainant and her mother did not intimate the opposite parties regarding cancellation of the tickets before the flight and they approached the opposite parties after the flight that they did not travel on the aforesaid flight on the abovesaid ticket. So the opposite parties considering the case of the complainant sympathetically  and refund the amount of taxes to the complainant and her mother i.e. Rs. 1462/- each as per rules and regulations of the opposite parties. Ld.counsel for the opposite parties submitted that there is no deficiency of service on the part of the opposite parties qua the complainant.

8.       From the entire above discussion we have come to the conclusion that the complainant purchased two tickets for herself and her mother Sushma Mehra for flight of opposite parties bearing No. 9W 390 from Mumbai to Amritsar for 6.2.2015 vide e-mail ticket Ex.C-1 on payment of Rs. 35074/- including taxes. But the complainant did not travel on the aforesaid ticket on 6.2.2015 nor the complainant or her mother gave any intimation to the opposite parties in this regard before the flight. The seats of the complainant and her mother remained vacant through out the journey on 6.2.2015  as per the record produced by the opposite party. After the flight the complainant approached the opposite parties that as they did not travel on the abovesaid tickets, so their amount be refunded. As per rules and regulations of the opposite parties the amount of the ticket is non refundable  in case of no show i.e. in case the passenger did not board the flight and the seat remained vacant throughout the journey. In the present case the complainant and her mother did not board the flight as per the record of the opposite parties and their seats remained vacant throughout the journey on 6.2.2015 nor the complainant or her mother  had informed the opposite parties regarding cancellation of the tickets before the flight. So the seats of the complainant and her mother remained vacant throughout the journey. The complainant requested the opposite parties for refund of the amount of tickets as they could not avail the journey. The opposite parties as per rules and regulations of the opposite parties considering the request of the complainant and her mother refund Rs. 1462/- each to the complainant and her mother i.e. the amount of taxes as the complainant and her mother did not avail the journey on the abovesaid tickets. As per rules and regulations of the opposite parties, the ticket amount is not refundable in case of no show i.e. in case the passenger did not board the flight and the seat remained vacant throughout the journey.

9.       Consequently we hold that opposite parties are justified in refunding the amount of Rs. 1462/- each to the complainant and her mother as the amount of taxes on the aforesaid ticket because the opposite parties are not liable to refund the amount of the ticket in case of no show i.e. if the passenger did not board the flight and the seat remained vacant throughout the journey.

10.     Resultantly we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

21.03.2016                                                           ( Bhupinder Singh )                                                                                                                                                                                                    President

/R/                        ( Kulwant Kaur Bajwa)           (Anoop Sharma)

Member                         Member