Sh.Anoop Sharma, Presiding Member.

1.       Sh.Harjit Singh has brought the instant complaint under section 12  of the Consumer Protection Act, 1986 on the allegations that  the complainant availed  the services of Opposite Party and by booking his air ticket to go Edinburg  from Amritsar with the Opposite Party i.e. Qatar Airways. He has to leave on 27.8.2015. On 27.8.2015, when the complainant approached the Opposite Party to take his flight at Shri Guru Ram Dass International Airways, the representative/ staff members of the Opposite Party did not allow the complainant to take his flight and stopped him from going to Edinburg on the lame excuse that he has not conducted his return ticket.  The complainant was having ‘C’ Visa visit student for UK. On this Visa the complainant was to complete his studies and after studies he was to come back from UK. The date of completion of studies/ exam was never known to the complainant as it was yet to be fixed by the said educational society/ institution. As such, he was not needed to conduct his return ticket at the time of his boarding. Many other students and friends of the complainant had already visited on the same visa and they had also not taken their return tickets, but they were not stopped by the Opposite Party and other airways. The official/ staff of the Opposite Party was not having proper knowledge regarding the terms of aforesaid visa  and they illegally and unlawfully stopped the complainant from traveling without his return ticket, due to which he was forced to cancel his ticket dated 27.8.2015 and he suffered a loss of Rs.21,000/- approximately on the cancellation of said ticket and issue new ticket on 28.8.2015. Thereafter, the complainant again booked his air ticket for the aforesaid return journey worth Rs.33,231/- at the instance and under the forced circumstances made by the Opposite Party, the complainant also booked his return ticket of February, 2016 and spent Rs.34000/- approximately for the said return ticket, which was not  required at all. The studies and examination of the complainant completed in the month of December, 2015 and as such, the complainant conducted his another return ticket and came back to India on 12.12.2015 and further cancelled his  aforesaid return ticket of February, 2016, due to which he again suffered loss of cancellation charges worth Rs.20000/-. The complainant had many a times e-mailed to the authorities of Opposite Parties to resolve the matter and to compensate him, but they did not adhere the genuine requests of the complainant.  The  complainant has prayed for the following reliefs  through the instant complaint.

a)       Opposite Parties  be directed to refund the amount of cancellation of air ticket to the tune of Rs.21000/- to the complainant and also alongwith cancellation amount of another ticket of Air India worth Rs.20000/- alongwith interest @ 18% per annum till its realization of amount.

b)      Opposite Parties be directed to pay Rs.11,000/- as costs of litigation.

c)       Opposite Parties  be directed to pay compensation of Rs.40,000/- for deficient services and for causing harassment and  mental agony to him.

Hence, this complaint.

2.       Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Parties  and as such, the Opposite Parties  were ordered to be proceeded against exparte. 

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1,  in support of the allegations made in the complaint and also produced copy of documents Ex.C2 to Ex.C31 and closed the exparte evidence.

4.       We have heard the ld.counsel for the  complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that the complainant availed  the services of Opposite Party and by booking his air ticket to go Edinburg  from Amritsar with the Opposite Party i.e. Qatar Airways. He has to leave on 27.8.2015. On 27.8.2015, when the complainant approached the Opposite Party to take his flight at Shri Guru Ram Dass International Airways, the representative/ staff members of the Opposite Party did not allow the complainant to take his flight and stopped him from going to Edinburg on the lame excuse that he has not conducted his return ticket.  The complainant was having ‘C’ Visa visit student for UK. On this Visa the complainant was to complete his studies and after studies he was to come back from UK. The date of completion of studies/ exam was never known to the complainant as it was yet to be fixed by the said educational society/ institution. As such, he was not needed to conduct his return ticket at the time of his boarding. Many other students and friends of the complainant had already visited on the same visa and they had also not taken their return tickets, but they were not stopped by the Opposite Party and other airways. The official/ staff of the Opposite Party was not having proper knowledge regarding the terms of aforesaid visa  and they illegally and unlawfully stopped the complainant from traveling without his return ticket, due to which he was forced to cancel his ticket dated 27.8.2015 and he suffered a loss of Rs.21,000/- approximately on the cancellation of said ticket and issue new ticket on 28.8.2015. Thereafter, the complainant again booked his air ticket for the aforesaid return journey worth Rs.33,231/- at the instance and under the forced circumstances made by the Opposite Party, the complainant also booked his return ticket of February, 2016 and spent Rs.34000/- approximately for the said return ticket, which was not  required at all. The studies and examination of the complainant completed in the month of December, 2015 and as such, the complainant conducted his another return ticket and came back to India on 12.12.2015 and further cancelled his  aforesaid return ticket of February, 2016, due to which he again suffered loss of cancellation charges worth Rs.20000/-. The complainant had many a times e-mailed to the authorities of Opposite Parties to resolve the matter and to compensate him, but they did not adhere the genuine requests of the complainant.  The evidence produced by the complainant has gone unrebutted on record as  the Opposite Parties,  despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to offer or defend the complaint. The complainant has sought for refund of amount of cancellation of air ticket to the tune of Rs.21000/- to the complainant and also alongwith cancellation amount of another ticket of Air India worth Rs.20000/- alongwith interest besides compensation to the tune of Rs.40,000/-.

6.       In our considered view, all the Opposite Parties  are jointly, severally and co-extensively liable to refund the amount of cancellation of air ticket to the tune of Rs.21000/- to the complainant and also alongwith cancellation amount of another ticket of Air India worth Rs.20000/- to the complainant. But however, the claim for compensation to the tune of Rs.40,000/-  is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded compensation to the tune of Rs.2000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.1000/-. Opposite Parties  are granted one month time to comply with the order, failing which the awarded amount shall carry interest @ 9% per annum from the date of passing the order until full and final payment. All the Opposite Parties  are held liable jointly, severally & co-extensively to comply with the order.  The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

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