BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD: THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 109/2020 Filed on 20/05/2020

ORDER DATED: 25/05/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 12 of Consumer Protection Act 1986 and the matter stood over to this date for consideration.  After hearing the matter the commission passed an order as follows:
2. The complainant is a student studying in the University of Walkato, Walkato, New Zealand and a frequent domestic and international traveler.  The complainant has frequent flyer Kris Flyer Membership No.8832218514 with the opposite party airlines.  That on 18^th April 2018, the complainant had purchased air tickets with booking reference No.K89HKH to travel on 29 November 2018 in Flight No.SQ4284 & SQ 5492 from Auckland to Trivandrum and return tickets from Trivandrum to Auckland in Flight No. SQ 5491 & SQ281 for 19^th February 2019.  On 11^th October, 2018 due to personal emergency in her home at Trivandrum the complainant had to pre-pone her travel dates to 3^rd November 2018 and hence the complainant requested the customer care of the respondent to reschedule her tickets.  But the customer care services informed her that her tickets were not purchased with the option of rescheduling and hence the complainant had no other option but to boom new tickets with other airlines.  Due to the emergency situation at complainant’s home, the complainant purchased tickets from Auckland to Thiruvananthapuram to travel on 3^rd November 2018 in other airlines and travelled to Trivandrum, India without cancelling her tickets.  The complainant had her return tickets to Auckland on 19^th February 2019 from Trivandrum at 22.45 IST.  When the complainant arrived at the Trivandrum airport (TRV), India for boarding, the complainant learnt that the opposite party had cancelled her tickets without her permission or informing her.  To her dismay, the opposite party did not provide her with an alternate option or another ticket nor did the respondent accept their fault or did give anything in writing.  The complainant had to book new tickets via Bangalore for her journey to Auckland and hence travelled to Bangalore from Thiruvananthapuram on 20^th February 2019.  And booked tickets from Bangalore to Auckland Via Singapore in Singapore airlines itself, as there were no seats available in the flight No. SQ 5491 & SQ 281.  The opposite party cancelled the tickets at their own will and no amount was refunded to the complainant.  Even though it was their fault, the opposite party did not offer any assistance in booking new tickets for her nor did the opposite party offer any apology for the faults.  The complainant then raised a complaint with the customer care, but the effort was only in vain.  There was no proper response from the customer care to solve the issue nor were there any proper reasons given for cancelling her return tickets without any intimation or notice to her.  The opposite party issued her seat to another passenger, by cancelling the tickets in the booking reference No. K89HKH, thereby fraudulently and dishonestly gaining amount illegally.   The action of the opposite party tantamount to unfair trade practice and deficiency in service as defined in the Consumer Protection Act.1986.  Under these circumstances, the complainant had no option but to approach this Hon’ble Forum to seek redressal of their grievances.
3. After admitting the complaint the notice was twice issued to the opposite party to appear before this Commission on 30/07/2020 and 13/11/2020 respectively.  On both occasions, the postal authority have served an intimation to the opposite party and both the notices were returned un served with endorsement ‘unclaimed’.  Hence as the process was complete, and the opposite party has not appeared on the date fixed for appearance before this Commission or on the subsequent dates, this Commission declared the opposite party as ex parte on 08/11/2021.
4. Evidence in this case consists of PW1 and Ext.A1 to A5 on the side of the complainant.  The opposite party being declared ex parte, there is no oral or documentary evidence from the side of the opposite party.

Points to be considered.

     1) Whether there is any deficiency in service on the part of the Opposite Party?

     2) Whether the complainant is entitle for the relief claimed?

 3) Order as to cost?

5. Heard.  Perused records and affidavit.  To substantiate the case of the complainant, the complainant’s brother who is the power of attorney holder of the complainant sworn an affidavit as PW1 and Ext.A1 to A5 were produced and marked.  Ext.A1 is the General power of attorney executed by the complainant infavour of her brother Zen Chemmanur.  Ext.A2 is the Air ticket from Auckland to Singapore and Singapore to Thiruvananthapuram for the travel on 29/11/2018.  Ext.A3 series are the Air tickets Bangalore to Singapore and Singapore to Auckland for the travel on 20/02/2019.  Ext.A4 is the lawyer notice dated 30/12/2019.  Ext.A5 is the replay notice dated 05/02/2020.  As the opposite party failed to appear before this Commission, there is no contra evidence from the side of the opposite party.  The main allegation of the complainant is that without her knowledge the ticket reserved by her to Auckland was cancelled by the opposite party arbitrarily.  Ext.A2 shows that the complainant had purchased air tickets from Auckland to Singapore and Singapore to Trivandrum for 29/11/2018.  Her case is that due to some personal emergency she had to prepone her travel to 3/11/2018 and hence she requested the customer care of the opposite party to reschedule her tickets.  According to the complainant the customer care service informed her that air ticket was not purchased with the option of rescheduling and hence she had no other option but to book new tickets with other airlines.  Accordingly the complainant travel to Thiruvananthapuram   without cancelling her tickets.  By swearing an affidavit by the power of attorney holder of the complainant as PW1 and by marking Ext.A1 to A5, we find that the complainant has succeeded in establishing her case against the opposite party, in the absence of any contra evidence from the side of the opposite party.  As there is no oral or documentary evidence from the side of the opposite party, the evidence adduced by the complainant stands unchallenged.  There is no          material evidence before this Commission to discredit or disbelieve the evidence adduced by the complainant.  Hence we are accepting the evidence adduced by the complainant.  As per the evidence available before this Commission, we find that there is deficiency in service and unfair trade practice on the part of the opposite party.  From the evidence before this Commission, it is evident that the complainant has suffered financial loss and mental agony.  As the financial loss and mental agony was caused due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the complainant for the loss sustained by the complainant.  In view of the above discussion we find that this is a fit case to be allowed in favour of the complainant.

In the result the complaint is partly allowed.  The opposite party is directed to refund Rs.66,000/- (Rupees Sixty Six Thousand only) to the complainant along with Rs.50,000/- (Rupees Fifty Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred only)  being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @ 9 % per annum from the date of receipt of this order till the date of remittance/realization.      

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 25^th  day of May, 2022.    

   Sd/-

                                                P.V.JAYARAJAN                 : PRESIDENT

    Sd/-

PREETHA G. NAIR             : MEMBER   

                Sd/-

                                                                        VIJU V.R                    : MEMBER   

R        

C.C. No. 109/2020

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:s

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                                                                                                                  PRESIDENT