D.O.F:02/08/2022
D.O.O:20/05/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.178/2022
Dated this, the 20th day of May 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G : MEMBER
Muhammed Kunhi.K
S/o Kallayi Abdulkhader Haji(Late)
Baithul Noor, Anachal
P.O Kottappuram, Nileshwar 671314
Kasaragod.
(Adv: Soorya Kala. C.V) : Complainant
And
Shabeena.M
Akshaya.E.Centre, Ayisha Complex
Orie mukku , P.O Padanna
Cheruvathur (Via) Kasaragod : Opposite Party
(Adv: Saleel.P.V)
ORDER
SRI. KRISHNAN.K : PRESIDENT
The case of the complainant is he that booked three air tickets for himself and his wife and son for travel on 09/04/2022 to go to Quatar. The Opposite Party collected Rs.19,000/- per ticket and in total 57,000/-, Rs.3900/- is collected towards service charges, and Rs. 30,000/- is collected towards rent for stay in Quatar. Confirmation advice was not sent till 09/04/2022 ie, dates of travel. On telephone call, opposite party promised that confirmation will be available by the timing on reaching airport. The Complainant received edited approval and therefore complainant opted not to travel. Approval was sent on 10/04/2022 by 11.20 am. The complainant made a call to Opposite party to arrange ticket but office found closed. Then went to the house of opposite party, there also door was found closed.
On 11/04/2022 complainant went again to the office of the opposite Party. He was re-assured that there will be no problem for their travel. The complainant came to know that air ticket charges for travel on 09/04/2022 is only Rs. 13,000/-. The complainant’s son Ismail was working at BCA Yenepoya. He promised to reach on 23/05/2022. He told complainant’s Quatar ticket is cancelled. Air India used to refund the ticket amount. The opposite Party sent 29225/- on different dates. The Opposite Party is liable to refund balance ticket charges of Rs. 29500/- and excess amount collected Rs. 18,000/- and also compensation and cost of litigation.
The Opposite Party filed written version as per written version they admitted having received the amount and issue of ticket. But since complainant received visa approve journey is extended and not due to any deficiency in service. As per opposite party she received Rs. 90,900/- out of which refunded Rs. 62141 balance amount of Rs. 28759/- is adjusted by complainant while rescheduling the air India ticket. Thus no amount is refundable and there is no deficiency in service and prayed to dismiss the complaint.
The complainant filed chief affidavit and was cross examined as Pw1, Ext A1 and A2 documents marked from their side. Ext A1 is copy of ticket showing charges and Ext A2 is the ticket copy. The Opposite party filed chief affidavit and Ext B1 to B13 marked.
From the rival contentions following points raised for consideration.
- Whether there is an deficiency in service from opposite party?
- Whether complainant is entitled for compensation and if so for what reliefs?
Here the complainant is seeking relief of refund of excess amount collected towards air ticket receipt shows Rs. 13,000/- per ticket but collected Rs.19,000/- each, thereby liable to refund Rs. 57,000/- altogether claiming Rs. 47500/- plus compensation and costs.
The opposite party denies by documental evidence that she received Rs. 90900/- and refunded Rs. 62141.00/- to complainant not disputed by complainant. There is no cross examination challenging any document produced by opposite Party or repayment. The complainant’s case is that Rs.29,500/- is due towards refund of ticket charges. The Opposite party say balance ticket charges Rs. 28759/-. This particular amount is adjusted by air India itself while complainant rescheduled the air tickets by him in person. The Complainant has no case that air tickets are not rescheduled or he paid money separately for rescheduled tickets or paid any amount later while rescheduling. No question was asked during cross examination of opposite party regarding re rescheduling charge or difference if any or adjustment of amount already with airlines. Further though Ext A1 receipt shows charges as Rs. 13,000/- but collected Rs. 18,000/- while refunding entire amount of Rs. 18,000/- also included there is no excess amount for refund thus no excess amount for refund on this count.
Thus there is no deficiency in service in the service or negligence in the case from the side of opposite Party. Thus opposite Party is not liable to pay compensation or refund.
In the result complaint is dismissed without order as to costs.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Copy of ticket showing charges
A2- Ticket copy
B1- Agreement signed before Chandera Police Station
B2- Invoice Dt : 16/04/2022
B3- Refund Receipt from SBI
B4- Refund receipt from SBI(Return ticket booking Dt: 13/04/2022)
B5- Refund Receipt(Flight ticket Dt: 11/05/2022
B6-Refund receipt Dt: 20/05/2022
B7- Receipt from Sulthan tours and travels. Dt: 25/03/2022
B8- Ledger Dt: 1/03/22 to 31/03/2022
B9- Ledger 1/04/2022 to 31/04/2022
B10- Booking reference Paper
B11- Booking cancel paper
B12- Receipt Dt : 24/03/2022
B13- Ticket receipt Dt:24/03/2022
Witness Examined
Pw1- K. Muhammed Kunhi
Dw1- Shabeena.M
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
