Tamil Nadu

South Chennai

632/2006

Athher Ahmed - Complainant(s)

Versus

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

R.S.Raveendhren

01 Dec 2017

ORDER

                                                                        Date of Filing :   27.12.2006

                                                                        Date of Order :   01.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.632/2006

FRIDAY THIS 1^st DAY OF DECEMBER 2017

1.  Athher Ahmed,

S/o. G.S.Saleem,

2. Ishrath J.Athher,

W/o. Athher Ahmed,

Both are residing at

9, Musthura Begum Street,

Royapettah, Chennai 600 014.                 Complainants

 

                                        ..Vs..

M/s. Kingfishes Airlines Limited,

Rep. by its  Branch Manager,

Having its Branch Office at

47, Whites Road,

Desabandhu Plaza,

Royapettah, Chennai 600 014.                 Opposite party.  

 

Counsel for Complainants         :   M/s.  R.S.Raveendhren & another          

Counsel for opposite party        :   M/s. A. Palaniappan.  

ORDER

THIRU. M. MONY, PRESIDENT

 

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.1,00,000/- towards deficiency in service and Rs.25,000/- as damages and Rs.10,000/- as cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainants submit that the complainants are frequent traveler in opposite  party flight.   On 18.7.2006 the opposite party announced a special package of free tickets to frequent fliers.  From 20^th July 2006 to 20^th September 2006 for every five paid tickets flown during the period, passenger will get one ticket free and for every nine paid tickets flown during the period, the passenger will get two free tickets.   Accordingly the complainant travelled five times and offer to avail a free ticket on 1.10.2006 and due application also sent within the prescribed time announced by the opposite party.  Even after repeated demands and requests the opposite party has not responded or to issue ticket.  Hence the complainant was constrained to take ticket on 12.10.2006.   As such the act of  the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainants.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the opposite party is  as follows:

      The opposite party deny each and every allegations except those that are specifically admitted herein.  The opposite party submit that  the complainant is not a consumer and this  complaint is not maintainable in this forum.    Further the opposite party state that the complainants filed this complaint is without any reason of deficiency in service.  It is admitted that the opposite party announced for free ticket if the passengers travelled five times from during the period entitled one free ticket and Nine times travelled entitled two free tickets.  Further  the opposite party state that the complainant availed his journey against the ticket purchased by him and as such there is no relationship of the consumer and service provider between the complainants and the opposite party air lines.  Equally there is no deficiency in service or unfair trade practice on the part of the air lines.    Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainants have filed proof affidavit as their evidence and documents Ex.A1 to Ex.A18 marked.  Proof affidavit of opposite party filed and Ex.B1 & Ex.B2  marked on the side of the  opposite party.

4.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.1,25,000/- towards deficiency of service and damages  with cost of Rs.10,000/- as prayed for ?

 

5.  ON POINT:

         Both parties field their respective written arguments.  The complainant and his counsel has not turned up to advance any oral arguments for long time.   The opposite  party counsel to advance oral argument also.     Perused the records namely complaint, written version, proof affidavits and  documents of both parties;.  The contention of the complainants is that the complainant is a frequent traveler in opposite  party flight.   On 18.7.2006 the opposite party announced a special package of free tickets to frequent fliers as per Ex.A3 from 20^th July 2006 to 20^th September 2006 for every five paid tickets flown during the period, passenger will get one ticket free and for every nine paid tickets flown during the period, the passenger will get two free tickets.   Accordingly the complainant travelled five times and offer to avail a free ticket on 1.10.2006 and due application also sent as per Ex.A10 within the prescribed time announced by the opposite party as per Ex.A3.   Even after repeated demands and requests as per Ex.A4 to Ex.A9 the opposite party has not responded or issued ticket.  Hence the complainant was constrained to take ticket on 12.10.2006 as per Ex.A13 and Ex.A14 and travelled.   The opposite party without proper response sent email Ex.A18 to the complainant dated 4.11.2016 disproves the unfair trade practice and false assurance.   Hence the complainant is constrained to issue legal notice Ex.A16 and filed this case for claiming compensation of Rs.1,25,000/- towards unfair trade practice and damages.   But the complainant has not proved in such manner for such huge claim for damages and unfair trade practice.

6.     The learned counsel for the opposite party contended that the complainant is not a consumer and this  complaint is not maintainable in this forum.  But it is very clear from Ex.A3 and  other records that the complainants are the passengers, much less regular passengers applied for free air tickets as per the scheme announced by the opposite party.  Further the learned counsel for the opposite party contended that the complainant filed this complaint without any reason of deficiency in service.  But it is clearly admitted that as per Ex.A3  the opposite party announced for free ticket if the passengers travelled five times from during the period entitled one free ticket and Nine times travelled entitled two free tickets.  Further  the contention of the opposite party is that the complainant availed his journey against the ticket purchased by him and as such there is no relationship of the consumer and service provider between the complainants and the opposite party air lines. Equally there is no deficiency in service or unfair trade practice on the part of the air lines.  But on a careful perusal of the entire records it is very clear that as per Ex.A3 within the prescribed period the complainant applied for one free ticket.  The opposite party has not issued the ticket within the  appropriate time and without any response and informed as per Ex.A18 email that the period of offer has been extended and the complainant can apply for fresh ticket in future date thereby the complainant is constrained to take ticket on payment and travelled resulting damages and mental agony.   Considering the facts and circumstances of the case this forum is of the considered view that the  opposite party shall pay a sum of Rs.2499/- towards single ticket  and shall pay compensation of Rs.5,000/- towards mental agony with cost of Rs.2,000/- and the point is answered accordingly.

In the result the complaint is allowed in part.  The opposite party shall pay a sum of Rs.2499/- (Rupees Two thousand four hundred and ninety nine only)  towards single ticket  and shall pay compensation of Rs.5,000/- (Rupees Five thousand only) towards mental agony with cost of Rs.2,000/-  (Rupees two thousand only) to the complainant.  

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 1^st day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants’ side documents:

Ex.A1                - Copy of material about the opp. party downloaded from

                               its website.

 

Ex.A2-                - Copy of opp. party press releases about the fly for free

                              offer.

 

Ex.A3  18.7.2006  - Copy of opposite party offer downloaded from its website.

 

Ex.A4 25.7.2006  - Copy of Air ticket showing travel by 1^st complainant.

Ex.A5  25.7.2006  - Copy of Air ticket showing travel by 1^st complainant.

Ex.A6  27.7.2006  - Copy of Air ticket showing travel by 1^st complainant.

Ex.A7  29.7.2006  - Copy of Air ticket showing travel by 1^st complainant.

Ex.A8  24.9.2006  - Copy of Air ticket showing travel by 1^st complainant.

Ex.A9  28.9.2006  - Copy of Air ticket showing travel by 1^st complainant.

Ex.A10  1.0.2006  - Copy of application

Ex.A11  10.10.2006- Copy of email.

Ex.A12  12.10.2006- Copy of email.

Ex.A13  12.10.2006- Copy of air ticket showing travel by 2^nd complainant.

Ex.A14  16.10.2006 – Copy of air ticket showing travel by 2^nd complainant.

Ex.A15               - Copy of Boarding passes of complainants.

Ex.A16  31.0.2006         - Copy of notice.

Ex.A17        -        - Copy of Postal Ack.

Ex.A18 4.11.2006         - Copy of email.

 

Opposite party’s side document: -     

Ex.B1  4.11.2006  - Copy of email sent by the opp. party.

Ex.B2 4.11.2006  - Copy of reply email by the complainant.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.