Delhi

New Delhi

CC/1585/2005

Dharmesh Kumar Behl - Complainant(s)

Versus

M/S. Lankan Airlines Ltd. - Opp.Party(s)

18 May 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1585/05                                  Dated:

In the matter of:

Mr. Dharmesh Kumar Behl,

R/o D-34 1^st Floor, West Patel Nagar,

New Delhi-110008

 

……..COMPLAINANT

       

VERSUS

Sri Lankan Airlines Ltd.,

312, World Trade Centre,

Barakhambar Road, New Delhi-110001

 

                        ……..OPPOSITE PARTY

 

ORDER

President:  C.K Chaturvedi

 

The complainant in this case seeks compensation from OP airlines for inconvenience faced by him as a result of change of booking date by BWIA, which is alleged to be part of Sri Lankan Airlines. It is alleged that he had gone to Spain and had to return from there on 03.07.05, and to reach India on 05.07.05, via London-Colombo-India, as per itinerary reservation of respondent number DHD WMW dated 03.07.05. He had booked Air ticket through Belair Tours & travels. It is alleged that he had to pay USD 125 changing dates from 07.07005 to 03.07.05, for his ticket dated 14.06.05 to attend meeting fix up for 06.07.05. It is alleged that Airlines did not correct Colombo Delhi Sector and was asked to pay Rs.1,500/- as tax. It is alleged that due to fault of airlines he reached India on 07.07.05 and had to compulsorily wait for 2 days on 05.07.05 & 06.07.05 for getting the next connecting flight inspite confirmed booking in hand.

The OP has strongly resisted the complaint of any deficiency on its part and alleged that complainant has revealed facts & not come with clean hands. It is stated that the complainant himself on reaching Spain on 3.06.05, decided to cancel the return ticket & rebooked the same by BWIA, without any information to it, by Complainant or BWIA, and BWIA, the booking agent charged penalty for change of ticket, which is not payable by OP. It is also stated that on 03.07.05, despite no reservation on that day, OP manage to make adjustments to take complainant on board of Sri Lankan Airlines from London to Colombo on 04.07.05, and on reaching Colombo since no prior reservation was made with OP flight from Colombo to Delhi, 05.06.05, the complainant was adjusted on first available flight which was on 07.07.05 and tax of Rs.1,500/- is charged by Govt. of Sri Lanka not by Airlines. It is also stated that hotel accommodation is provided only to those who take first connecting flight, and in this case no such thing took place, and therefore, he could not be provided with hotel accommodation.

We have considered the rival case and find that firstly complainant has failed to show the BWIA is agent of OP. It is a simply travel booking agent, and secondly, complainant himself cancelled the return booking & took rebooking without intimation to OP, OP cannot be held liable rather the facts show that OP has only accommodated in various ways without reservation to fly on particular date. In the circumstances, we see no deficiency on the part of OP, and complaint is dismissed.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

Pronounced in open Court on 18.05.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER