BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 30^th of November 2010

PRESENT

        SMT. ASHA SHETTY           :   PRESIDENT                

                        SMT.LAVANYA M. RAI       :   MEMBER                  

                        SRI. ARUN KUMAR K.        :   MEMBER

COMPLAINT NO.65/2010

(Admitted on 20.03.2010)

Sri.S.M. Naushad,

Aged about 58 years,

So. S.M. Thahir,

Khaff Villa,

Near KEB, NH 17,

Kaup  574 106,

Udupi Taluk and District.                   …….. COMPLAINANT

(Advocate for the Complainant: Sri.P.R. Bhandarkar).

          VERSUS

1. Ms. Jet Airways India Ltd.,

Regd. Office SM Centre,

Andheri Kurla Road,

Andheri East,

Mumbai  400 059,

Rep. by its Managing Director.

(Opposite Party No.1: Exparte).

2. M/s.Jet Airways (India) Ltd.,

Reservation and Ticketing Office,

Ram Bhavan Complex,

1^st Floor, Kodialbail,

Mangalore – 575 003.                          ……. OPPOSITE PARTIES

(Advocate for the Opposite Party No.2: Sri.J.Puthabba).

                                      ***************

ORDER DELIVERED BY PRESIDENT SMT. ASHA SHETTY:

1.       This complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service against the Opposite Parties claiming certain reliefs. 

The brief facts of the case are as under:

The Complainant submits that, he has been flying all over the world in connection with his business activities and he being a frequent flyer, was a member of International Airline Passengers’ Association.  It is stated that, on his arrival from Saudi Arabia wanted to fly from Bombay to Mangalore on 20.04.2008.  Almost 6 days before the said date, when he tried for the Jet Airways flight ticket in the internet, the same was not available.  On the very same day i.e., on 20.04.2008, the Complainant enquired for a ticket at the counter of the Jet Airways at Bombay Domestic Airport at about 7.00 a.m., he was informed that no seats were available for Bombay to Mangalore direct flight.  As a result of this, the Complainant was compelled to purchase an air ticket for Rs.7,625/- for Bomaby-Mangalore flight via Bangalore.  At about 8.00 a.m on the same day i.e., on 20.04.2008, the Complainant once again made an enquiry at Bombay-Mangalore counter of the Jet Airways at Bombay Domestic Airport and to his surprise, he was informed by the authorities concerned that a good number of seats were available in the direct flight and accordingly he purchased the air ticket by paying Rs.9,000/- for the direct flight i.e., from Bombay to Mangalore by cancelling the air ticket for Rs.7,625/- already purchased by him for Bombay-Mangalore flight via Bangalore.  For cancellation of the via Bangalore ticket, the Complainant was asked to pay Rs.500/-.  However, on his representation, the authorities concerned did not collect this amount of Rs.500/- after his much persuasion. An excess amount of Rs.1,375/- was charged to the Complainant.  The flight fare of Rs.9,000/- charged for the direct flight from Bombay to Mangalore is excessive.  It is stated that, the Opposite Party adopted unfair trade practice thereby issued a legal notice dated 12.05.2008 but the Opposite Parties failed to comply the demand made therein, hence the above complaint filed under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Parties to refund the excess air fare collected from him for the direct flight from Bombay to Mangalore along with interest at 18% p.a. from 20.04.2008 till payment, Rs.5,00,000/- claimed as compensation for mental agony, stress and untold sufferings and Rs.10,000/- claimed as cost of the proceedings.

2.       Version notice served to the Opposite Parties by RPAD. Opposite Party No.1 despite of serving notice neither appeared nor contested the case till this date.  Hence, we have proceeded exparte as against the Opposite Party No.1.  The acknowledgement placed before the FORA marked as court document No.1.

Opposite Party No.2 appeared through their counsel filed version.  Opposite Party No.2 denied the entire allegations alleged in the complaint and submitted that there is no cause of action for filing this complaint.  Opposite Party stated that, they have not collected any excess charge from the Complainant, when the ticket is purchased in the last minute the passenger has to pay full fare.  Had the Complainant bought the ticket in advance he could have got a cheaper air fare.  It is stated that, there is no flight that comes directly via Bangalore.  Probably the Complainant had some work in Bangalore so he might have purchased Bombay – Mangalore flight via Bangalore. The allegations that the Bombay – Mangalore flight was not available is false and stated that if the seats are available the tickets will be issued.  It is contended that there is no unfair trade practice and deficiency of service and prayed for dismissal of the complaint.

3.       In view of the above said facts, the points now that arise for our consideration in this case are as under:

1. Whether the Complainant proves that the Opposite Parties committed deficiency in service?

2. If so, whether the Complainant is entitled for the reliefs claimed?

3. What order?

4.         In support of the complaint, Mr.S.M.Naushad (CW1) filed affidavit reiterating what has been stated in the complaint and answered the interrogatories served on him.   Ex C1 to C8 were marked for the Complainant as listed in the annexure.   One Sri.Gangadhar Hegde (RW1), Manager Sales of the Opposite Party No.2 filed counter affidavit and answered the interrogatories served on him.  Opposite Party produced one (1) document as listed in the annexure.   The Complainant produced notes of arguments.

          We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:                   

                      Point No.(i): Negative.

                       Point No.(ii) & (iii): As per the final order.   

Reasons

5.  Point No. (i) to (iii):

In the instant case, the Complainant came up with a complaint stating that, he is a possessor of Jet Privilege Card, frequent flyer and was a member of International Airline Passengers’ Association.  The Complainant’s arrival from Saudi Arabia, he wanted to fly from Bombay to Mangalore on 20.04.2008, almost 6 days before the said date when he tried for the Jet Airways Flight Ticket in the internet, the same was not available.  On the very same day i.e., on 20.04.2008, he enquired for a ticket at the counter of the Jet Airways at Bombay Domestic Airport at about 7.00 a.m., he was informed that no seats were available i.e., Bombay to Mangalore direct flight.  As a result of this, he was compelled to purchase an air ticket for Rs.7,625/- for Bombay-Mangalore flight via Bangalore.  However, at about 8.00 a.m. on the same day i.e., on 20.04.2008, he made an enquiry at Bombay-Mangalore counter of the Jet Airways at Bombay Domestic Airport.  He was informed by the authorities concerned that a good number of seats were available in the direct flight and accordingly purchased air ticket by paying Rs.9,000/- for the direct flight from Bombay to Mangalore by cancelling the air ticket for Rs.7,625/-.  The allegation of the Complainant is that, for cancellation of the via Bangalore air ticket he was asked to pay a sum of Rs.500/- and on his representation, the authorities concerned did not collect Rs.500/- after much persuasion in the matter and it is stated that, an excess amount of Rs.1,375/- was charged and the flight fare of Rs.9,000/- was charged for the direct flight from Bombay to Mangalore is highly excessive and contended that the Opposite Parties indulged in unfair trade practice, hence came up with this complaint.

On the contrary, the Opposite Parties denied the entire allegations made in the complaint and stated that, the Complainant booked the air ticket by paying Rs.9,000/- for the direct flight from Bombay to Mangalore by cancelling the air ticket for Rs.7,625/- via Bangalore air ticket.  The Complainant purchased the air ticket at last minute and on the said date the fare of the air ticket was Rs.9,000/-. The air ticket purchased by the Complainant from Bombay to Mangalore by paying Rs.9,000/- at his own free will and there is no unfair trade practice. As far as the purchase of via Bangalore air ticket is concerned, it is stated that probably the Complainant had some work in Bangalore and hence he purchased the air ticket.

We have heard the counsels for the parties and also perused the oral as well as documentary evidence available on record, wherein, we find that, the Complainant admittedly purchased the air ticket dated 20.04.2008 for Rs.9,000/- the same has been issued by the Opposite Party Airways Company.  There is no material/cogent evidence produced before this FORA by the Complainant to show that the Opposite Parties charged excess fare to the Complainant.  In the absence of the same, we are declined to hold that the flight fare of Rs.9,000/- charged by the Opposite Party is excessive and they indulged in unfair trade practice.  Further the Complainant himself admitted that, he had purchased the air ticket for Rs.7,625/- via Bangalore was cancelled because he has received the air ticket from Bombay to Mangalore.  For cancellation of the above ticket, the Opposite Party was asked to pay a sum of Rs.500/- but on his representation the authorities did not collect the above said amount.  When that being the case, the allegation that the Opposite Parties committed deficiency or indulged in unfair trade practice does not arise. 

The another allegation that, on his arrival from Saudi Arabia he wanted to fly from Bombay to Mangalore on 20.04.2008 and almost six days before the said date, when he tried for the Jet Airways Flight ticket in the internet, the same was not available but on the very same day i.e., on 20.04.2008, he enquired for a ticket at the counter of the Jet Airways at Bombay Domestic Airport at about 7.00 a.m., he was informed that no seats were available i.e., Bombay to Mangalore direct flight.  As a result of this, the Complainant was compelled to purchase an air ticket for Rs.7,625/- Bombay – Mangalore flight via Bangalore.  In order to prove the above said allegation, the Complainant not produced any material evidence to show that he had tried for the Jet Airway Flight ticket in the internet and the same was not available or the counter of the Jet Airways at Bombay Domestic Airport at about 7.00 a.m. he was informed that no seats were available i.e., Bombay to Mangalore direct flight.  The Complainant ought to have produced the print out of the internet if at all there was a message that the seats were not available.  There is no material/cogent evidence produced by the Complainant in order to establish his allegations against the Opposite Parties.  In the absence of the same, we are declined to consider that the Opposite Parties are involved in unfair trade practice or committed any deficiency. 

In view of the above reasons, the complaint has no merits deserves to be dismissed.  No order as to costs.                                        

6.       In the result, we pass the following:                          

ORDER

            The complaint is dismissed.  No order as to costs.

The copy of this order as per the statutory requirements be forwarded to the parties free of charge and therefore the file be consigned to record.

(Page No.1 to 9 dictated to the Stenographer typed by her, revised and pronounced in the open court on this the 30^th day of November 2010.)

PRESIDENT                     MEMBER                              MEMBER

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1 – Mr.S.M.Naushad – Complainant.

Documents produced on behalf of the Complainant:

Ex C1 –                : Photo copy of the Complainant’s International Airline Passengers’ Association card bearing No.1887625.

Ex C2 –                  : Photocopy of the Jet Privilege Card bearing No.107830962.

Ex C3 –                : Photo copy of Gulf air card No.11349098-00-3.

Ex C4 – 20.04.2008: Photo copy of the E-ticket No.5892174916271 for Rs.7,625/-.

Ex C5 – 20.04.2008: Photo copy of the E-ticket No.5892174916283 for Rs.9,000/-.

Ex C6 – 12.05.2008: Copy of the legal notice issued by the Complainant.

Ex C7 – 29.05.2008: Original letter of the Opposite Party No.1 addressed to the Complainant’s advocate.

Ex C8 – 05.08.2008: Original reply notice of Opposite Party No.1 issued to the Complainant’s advocate.

Documents produced by the Complainant:

1) Notarized copy of the Pass Port No.Z-1209442 of the Complainant.

Witnesses examined on behalf of the Opposite Party No.2:

RW1 – Sri.Gangadhar Hegde, Manager Sales of the Opposite Party No.2.

Documents produced on behalf of the Opposite Party No.2:    

Doc. No.1: Flight manifesto.

Dated:30.11.2010                            PRESIDENT