ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not refunding the flight charges paid to OP and for refund of Rs.66,430/- along with interest at 24% p.a., and direct OP to pay compensation for causing mental agony, financial loss and also to provide in the alternate direct the OP to provide refundable ticket and to allow change the date of travelling to suit his convenience and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

Complainant booked an e-ticket from Nassau to Bangalore through OP by paying Rs.66,430/- on January 27^th 2019 for a journey on June 6^th 2019.  An e-ticket was sent to him by confirming the booking.  He was shocked to see the mention of non-refundable and non-changeable. He tried to reach the customer care of OP and as he had booked the ticket in the night, his calls were unanswered.  He sent email and spoke to the customer care afterwards and requested them that the tickets on cancellation is refundable and changeable and to send the fresh e-tickets.  OP was reluctant to send the e-tickets confirming that the ticket is changeable and refundable.  He received a proposal from the OP that he would be given a gift voucher for Rs.2,000/- which could be redeemed, which he refused. He requested several times for refund of the amount whereas, OP for one reason or the other went on postponing with a malafide intention. There is negligence on the part of the OP and also deficiency in service which caused hardship.  In a new reference with ID number 100222-011485 refundable ticket issue was allowed to him and informed that the case would be looked after by the concerned department.  The cause of auction for complaint arose on 4^th February 2019 when the complainant issued a notice calling upon the OP to make the e-ticket changeable and refundable. Hence the complaint.

3.      Upon the service of notice, OP appeared before the forum through advocate but did not file version. After 45 days from the date of service of notice, OP filed application seeking permission to file the version, which was rejected. However, it was allowed to adduce evidence on the point of law only.

4.      In order to prove the case, both the parties filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

6.     POINT No.1:-

   Perused the complaint, affidavit evidence and the documents produced by respective parties.  It is an admitted fact that the complainant booked ticket through OP and the e-ticket given to him shows that it is not refundable and not changeable after the departure. Further in Ex.P4 the letter written by OP to the complainant in respect of his request over email that “they like to inform that as checked your ticket is refundable but in case of cancellation there are penalties charged by airlines as per policy. Kindly provide alternate number so that they can proceed accordingly.”  This letter is sent on 31.01.2019.  There are several email correspondences that has taken place between the parties and ultimately in the letter dated 06.02.2019, OP referring to the earlier emails and correspondences informed the complainant that “they can only give future travel voucher on INR 2000/- as a loyal customer. If you are satisfied with that kindly revert back on the same email,”  for which, complainant has replied that he is not for voucher and he require the refundable e-ticket as mentioned in the previous mail and in the website at the time of booking.  The website booking also shows that the ticket booked and the amount is refundable in case of cancellation as per Ex.P1 page 2.

        7.     When this is taken into consideration, OP at a later date informed the complainant that it cannot issue a ticket which is refundable on cancellation or change of the travel dates.

        8.     OP has received Rs.64,430/- from the complainant to book a ticket from Nassau to Bangalore on January 27^th 2019 for the travel date on June 6^th 2019.

        9.     In view of the correspondences referred to above, at the earliest point of time, OP agreed to refund the amount if the ticket is cancelled subject to the various deductions as per the norms, which stands to reason, whereas at later date, he resailed and assured to provide future travelling voucher to the extent of Rs.2,000/- only, that means OP is not ready to refund the amount even after some deductions as per the rules and procedure of the airlines, which amounts to unfair trade practice and made for unlawful gain for itself. Hence we answer point No.1 in the affirmative.

        10.   In view of the same complainant is entitled to receive Rs.66,430/- along with interest at 12% p.a., from 04.02.2019 the day on which OP informed the complainant that the ticket is refundable.

        11.   Further if the complainant desires to have the ticket continued then, we are of the opinion that OP to be directed to provide him a refundable ticket subject to the terms and conditions prevailing with the airlines in respect of the refund on cancellation and also to provide the facility of changing over the date of travel subject to again the terms and conditions prevailing with the airlines.  we are also of the opinion that complainant is to be compensated for the mental agony caused to him for which we direct OP to pay a sum of Rs.5,000/- towards the same and Rs.5,000/- towards the litigation expenses. Hence we answer point No.2 partly in the affirmative and pass the following;

ORDER

1. Complaint is allowed in part with cost.
2. OP is directed to pay Rs.66,430/- along with interest at 12% p.a., from 04.02.2019.
3. OP is also further directed to provide refundable/rechangeable ticket in case complainant desires and expresses in writing to the OP.
4. OP is directed to pay a sum of Rs.5,000/- towards litigations expenses and Rs.5,000/- as damages.
5. The OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
6. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 19^th day of December 2020)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Details of ticket

Ex P2: Copy of the ticket

Ex. P3: tax invoice

Ex P4: email correspondences

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri.Rohini R.,

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: The circular regarding refund of airline tickets to passenger of public transport undertaking issued by office of the Director General of Civil Aviation

Ex R2: Authorization letter given to me to adduce evidence.

MEMBER                                PRESIDENT