BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION.
KAMRUP
C.C.No.4/2017
Present: I) Shri A.F.A.Bora, M.Sc.,L.L.B.,A.J.S(Rtd.)-President
II) Smti Archana Deka Lahkar,B.Sc.,L.L.B. -Member
III) Sri Jamatul Islam,B.Sc Former Dy
Director, FCS & CA -Member
Sri Sujit Patwary - Complainant
S/O Mukund Patwary
106, Ambees Apartment, 1st Floor
Kahilipara Road, Ganeshguri
P.S.Dispur,Guwahati-6
District Kamrup(M), Assam.
-vs-
I) Sri prakash Air Travels - Opposite parties
Represented by Prakash Majumder
Authorised agent of Indigo Airlines
Lachit Nagar, Station Road, Guwahati-5
District Kamrup(M), Assam.
2) Indigo Airlines
Represented by the Managing Director
Registered office - Central Wing, Ground Floor , Thapar House ,
124, Jan Path, New Delhi-110001.
Corporate office- Lavel 1, Tower C, Global Business Park
Mehrauli- Gurgaon Road
Gurgaon-122002, Haryana
Appearance
Learned advocate Sri G.Deka, Sri K.Kalita, for the complainant .
Learned advocate Sri Abhijit Bhattacharya,Sri J.Singh for the opp. party
Date of filing written argument:- 6.11.2019
Date of oral argument:- 3.2.2021
Date of judgment: - 24.2.2021
JUDGMENT
1) This is a complaint filed u/s 12 of the consumer protection act 1986 filed by one Sri Sujit Patwary against Prakash Air Travel Indigo Airlines represented by the Managing Director of the company. The application was registered before this commission and notices were issued upon the opp.parties to appear and file, but inspite of receiving summon opp.party No.1 have not appeared and opp.party No.2 appeared and have not contested the proceeding by filing written statement and ultimately the case proceeded exparte against both the opposite parties .
2) The brief fact of the complainant ‘s case is that complainant booked an air ticket for to and fro journey between Guwahati and Hyderabad for 25th July and 28th July 2016 respectively from opp.party No.1 paying an amount Rs. 14,292/- only and the status shows as confirmed and payment status shows as complete. That after receiving the ticket from e.mail from the opp.party No.1 , but suddenly on 23rd july 2016 the opp.party No. 1 has informed that his ticket’s were cancelled by the opp.party No. 2 i.e. the airline authority and asked the complainant whether he had made any request to cancel the same . But the complainant had not cancelled the ticket as stated . Thereafter , he contacted the customer care of opp.party No. 2 where it was informed that tickets were on hold, but due to non payment the same were cancelled by opp.party No.2.
3) That even after long conversation with the opp.party No. 2 by the complainant they could not satisfiy the complainant as why his tickets were cancelled without his consent. Such conduct of the opp.parties has resulted gross deficiency in service and caused harassment and mental agony to the complainant .
4) The complainant served an pleader notice upon the opp.party and thereafter for the reason of no response the complainant filed a petition before this commission.
5) We have gone through the evidence in affidavit of the complainant along with Ext. 1,2 & 3 which are the photo copy of the tickets issued in the name of the complainant by the opp.party No. 2. Ext. 1 proved it clearly that an amount of Rs. 14,292/- as a fare has been paid by the complainant Mr. Sujit Patwary and accordingly opp.party No.2 Indigo issued the payment receipt and the to and fro journey from Guwahati to Hyderabad and back was confirmed as per Ext. 1. Ex, 2 is the air ticket on 25.7.16 and Ext. 3 is another air ticket for 28.7.16 . These documents are not assailed by adducing any evidence by the opp.party nor they have denied the same by contesting the complaint. It is proved by the complainant that after cancellation of his earlier booking he had to book another set of tickets from the same opp.party amounting to Rs. 19,052/- i.e. with an excess payment of Rs. 4,760/- It is therefore submitted by the petitioner in his complaint petition that for the negligence and deficiency service he had to pay an amount of Rs. 4,760/- excess which he wants to return back by the opp.party with an interest @ 12 % per annum from the date of filing the complaint till realisation.
6) The complainant further claim for compensation amounting to Rs. 5,00,000/- for deficiency of service and negligence and Rs. 50,000/- for unnecessary harassment.
7) After due consideration of materials on record we are of the view that complainant is entitled for refund of money amounting to Rs. 4,760/- with an interest @ 6% per annum from the date of filing the complaint till realisation . The opp.parties will have to pay a compensation amounting to Rs.50,000/- along with cost of the proceeding amounting to Rs.5,000/- . On failure of the opp.parties to make the payment within 45 days of passing this order , they will have to pay an interest @ 12% per annum on the entire decretal amount from the date of judgment till realisation. Both the parties are jointly and severally liable to pay the decretal amount.
Given under our hand and seal of the District Commission, Kamrup, this the 24rd day of February,2021.
( Md.J.Islam) ( Smt A.D.Lahkar) ( Shri A.F.A Bora)
Member Member President
Dictated and corrected by me
Shri A.F.A Bora
President,
District Consumer Commission, Kamrup.
Typed by me
Smt Juna Bora
Stenographer, District Consumer Commission, Kamrup.
