By Smt. Padmini Sudheesh, President The complainants case is that the complainant had approached the respondent in the month of February 2006, to purchase tickets from Cochin to Abudhabi on Q-Class on 3rd March 2006 and back from Abudhabi to Cochin on V-Class category on 29th May 2006. The respondent is engaged in the services of booking air tickets. On 25th Feb. 2006 he handed over Rs.15,700/- for which receipt had issued. The respondent handed over confirmed ticket on Q and V classes respectively of Gulf Air Ways. The status of both the tickets were OK. The complainant proceeded to Abudhabi on 3rd March 2006 which the same OK ticket and the journey was smooth. On 18th May the complainant approached the Gulf Air office at Abudhabi to reconfirm the ticket booked by the opposite party. The complainant was to shock to hear from the Gulf Air office that the ticket issued by the opposite party for the return journey on V-Class category on 29th May 2006 was a false OK printed ticket. Then the complainant contacted the respondent, but the response was not encouraging. Immediately he contacted his elder brother who is a Chartered Accountant. In the meantime the opposite party cunningly booked another ticket from Abudhabi to Cochin on May 19th 2006 in K-Class category with fresh PNR. In order to travel in K-Class the complainant was required to pay an additional amount of 720 AED. This was done by the respondent to cover up their own negligence. The complainant was asked to pay the difference and travel at his own cost in the higher class. Complainant contacted the respondent several times through fax, telephone etc. The complainant was forced to return on 27th May 2006. Lawyer notice sent on 1/6/06, a reply was sent by the respondent stating false statements. No remedy so far. Hence this complaint. The counter of respondent in brief is as follows: 2.The complainant approached the opposite party for the purchase of Air-Ticket from Cochin to Abudhabi (via) Muscat, in V Class category on 3rd March 2006. Onward journey in V class was not available, Opposite Party advised to avail Q Class ticket on either way. Since V Class category ticket is the cheapest one and nobody is entitled to get confirmation from the travel agency except from the Airline Authority. Since V Class tickets are open ticket. Opposite Party advised to avail Q Class ticket by paying a difference of Rs.750/-, on each ticket. But the complainant opted the Q Class ticket for onward journey alone, and he was not prepared to spent Rs.750/- for the return journey by availing a Q Class ticket. It was at the instance of the complainant, the tickets were obtained by the Complainant at his risk. When the complainant reported the matter to Opposite Party, the Opposite Party had made all arrangements for the return of complainant in an upper class namely K Class and the opposite party availed a ticket and made all arrangements for the return of the complainant in a better class, instead complainant availed another ticket for the reason known to him alone, he returned on 27th may 2006 at his own option. The excess amount is Rs.1880/-. It was already paid by the opposite party for the return journey. The complainant has not returned the V Class ticket so as to enable the opposite party to get a refund for the unused ticket. For the lawyer notice proper reply had sent. There is no bona fide in the matter. Hence dismiss the complainant with cost of the opposite party. 3.The points for consideration are : 1)Is there any deficiency in service of the respondent ? 2)Is the petitioner is entitled to get refund of the ticket fare from Abudhabi to cochin and also cost of the air ticket for return journey ? 3)Reliefs and costs ? 4. The evidence consists of Exhibits P1 to P5 and Exhibits R1 and R2. . 5. iPoint no.1 The case of the petitioner is that the respondent handed over confirmed ticket on Q and V Class of Gulf Air Ways. Q Class ticket was for the journey to Abudhabi from Cochin on 3rd March 2006. The V Class ticket is the return ticket. When on 18th May the complainant approached the Gulf Air office at Abudhabi to reconfirm the ticket it was realized that the V Class category ticket issued by the respondent was a false OK printed ticket. So he has to suffer a lot for arranging another ticket for the return journey. The respondent company contended that since the V-Class ticket are open ticket there is no definiteness regarding the seat. In this category 'OK' does not mean availability of seat in the journey and it was subject to the approval and assignment by the Air Lines Authority. Since V Class ticket is an open ticket there is no question of false 'OK'. If the petitioner was aware of this there is no need to shock to hear the false 'OK'. From the petition it is clear that he has not any knowledge about this. Respondent also not averred that he has realized the matters to the complainant. If the ticket is not OK, or there is no assurance of seat the Travels had to disclose it much earlier. If the respondent had earlier booked the seat or realized the state of things the respondent need not made arrangements for the return in K Class by paying additional amount. Exhibit P3 is the copy of Telex message given by Abudhabi Gulf Air office to Cochin Air office. It can be seen that there was no booking at all by the agent. Later the respondent had booked in K Class. Immediately after the arrival Lawyer notice was issued. This also shows the prompt acti0on by the petitioner to get a remedy for the mental strain he had suffered. There is deficiency in service on the part of respondent. The respondent is entitled to return the cost of return ticket. Since the petitioner had paid the fare for both journey, the respondent is not entitled to get the unused ticket. 6. Point No.2 From the above discussion it is very clear that there is deficiency in service of respondent. 7. In the result complainant is allowed, and the respondent is directed to return the cost of the return ticket to the complainant with interest at the rate of 10% from the date of payment till realization. Respondent is further directed to return the fare from Abudhabi to Cochin without interest and the petitioner is also directed to return the unused ticket. Complainant is also entitled for Rs.2000/- (Rupees Two thousand only) towards costs. Comply the order within 2 months. Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 11th day of August 2008.
