BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. G. SIVAPRASAD                              :         PRESIDENT

SMT. SATHI. R                                  :         MEMBER

SMT. LIJU B. NAIR                           :         MEMBER

                                         C.C.No:  145/2012     filed on 11/05/2012

                                           Dated: 30.11..2013

Complainant:

Jawahardeen, S/o Mytheen Kannu, residing at Kinattadi Vilakom House, Devardanam, Vizhinjam, Thiruvananthapuram.

    (By Adv. N. Kuttappan Thazhassery)

Opposite parties:

1. Spice Jet Limited, 319, Udyog Vihar, Phase IV, Gurgoan, Haryana, India.
2. The Manager, Spice Jet Limited, Local Office, Airport, Thiruvananthapuram.

This O.P having been heard on 22..11..2013, the Forum on 30..11..2013 delivered the following:

ORDER

SMT. LIJU B. NAIR, MEMBER:

         Complainant booked two air tickets to Hyderabad through the 2^nd opposite party on payment of Rs. 18,697/-. He booked another ticket for his daughter Asma Janeena, whose name was wrongly spelt in the air ticket as Asusha Janeena for Rs. 6,503/- to travel from Hyderabad to Thiruvananthapuram. When the complainant reached Hyderabad Airport with his daughter, for that flight to Thiruvananthapuram he came to know that daughter’s ticket has been cancelled. No previous information was given to him regarding the cancellation. However he managed to obtain another ticket for his daughter from the Spice Jet Office at Hyderabad to travel to Thiruvananthapuram. At Thiruvananthapuram he approached the Manager of the 2^nd opposite party and enquired about the reason for cancellation of the ticket. No specific reason was given for the same. When he claimed refund Manager informed him that he has to obtain sanction from the Head Office. These actions of the opposite parties amounts to unfair trade practice and deficiency in service and he approached this Forum for getting the refund of the cancelled air ticket and for damages sustained to him due to the unexpected cancellation of the air ticket.

2.Opposite parties entered appearance and filed version. They admitsThe booking of two tickets. Complainant booked two tickets for himself on 02/04/2012 to travel on 05/04/2012 from Thiruvananthapuram to Hyderabad and for 07/04/2012 from Hyderabad to Thiruvananthapuram with PNR No. SBUPAI. He also booked another ticket on the same day with travel date 07/04/2012 from Hyderabad to Thiruvananthapuram with PNR No. CC65BI in the name of Ms. Ashusha Janeena. On 06/04/2012 at 18.46 a relative (lady) of the said passenger came to the ticketing counter of the opposite party at Thiruvananthapuram Airport with valid ID proof of passenger and requested for cancellation of the ticket with PNR No. SBUPAI. She also make the staff of the opposite party to speak with the complainant through phone and requested for cancellation of the ticket. The said ticket was not cancelled as the booking was Round Trip Fare booking and the same was informed to the passenger. So the complainant requested to cancel the PNR CC65BI. The lady was informed that the staff of the opposite party would not be able to cancel the ticket without seeing the photo ID of the passenger. The lady, the relative of the passenger, produced the valid ID proof of Ms. Asusha Janeena and after being satisfied about the veracity of the ID proof the ticket was cancelled, as per normal practice followed by airlines for cancellation apart from making the entry in the system. After cancellation of the said PNR, the lady was asked about the mode of refund of the ticket amount of Rs. 5553/- after deducting the cancellation charges of Rs. 950/-. She was informed that the refund would be done only in the name of Ms. Asusha Janeena and will be sent within 7 days of cancellation. Accordingly the cheque for Rs. 5553/- was issued. Before sending the said cheque to the complainant the customer relation section of the opposite party contacted the complainant to verify the postal address as the address mentioned in the PNR was incomplete. He was contacted several times through the mobile number mentioned in the PNR, but he fail to provide the correct postal address and said cheque is still lying in the customer relation section of opposite party.

         3. On 07/04/2012, the complainant came to the airport and got another ticket in the name of Ms. Ashusha Janeena from the booking counter of Hyderabad Airport and enjoyed the journey without any trouble. So there is no deficiency, of any nature on the part of the opposite parties. Amount of the cancelled ticket was Rs. 6503/- and cost of the new ticket was also Rs. 6503/-. As such no monetary loss occurred to the complainant. It is the complainant, who himself approached for cancellation of the ticket and is now trying to take undue advantage of his own deeds.  The complaint lacks merits and is only to be dismissed.

         4.Points raised:

         (i) Whether the complainant is eligible for refund of cancelled ticket?

          (ii) If there is deficiency in service on the part of the opposite parties?   

    (III) Reliefs and cost, if any?

         Complainant filed chief affidavit along with three documents. Complainant was examined as PW1. Opposite parties filed affidavit, that affidavit stands uncontroverted.

         5. Points (i) to (iii):   Complainant approached this Forum claiming refund for the ticket alleged to be cancelled unilaterally by the opposite parties. Opposite parties contends that the cancellation was done as per the request of the complainant himself. They are ready to refund the amount on that day itself, but complainant requested to keep it with them and will inform latter regarding the mode of payment. Complainant produced 3 documents to prove his case. Ext. P1 is the boarding pass issued to Janeena Ash on 07/04/2012. Ext. P2 is the copy of Itinerary to show the booking done by the complainant. Ext. P3 is the legal notice sent to the 1^st opposite party regarding the same cause of action and Ext. P3(a) with the postal receipt for the same. No documents were produced by the opposite parties. Here the only question to decide is whether the cancellation was done unilaterally, without the consent of the complainant. Refund of the amount is admitted by the opposite party. So the first prayer of the complainant is admitted by the opposite party also. They are ready to give Rs. 555 3/- after deducting Rs. 950/- as cancellation charge. How they arrived at this amount is not proved by the opposite party. No document is before us to fix this quantum. Since that amount was with opposite party from 07/04/2012 to till date complainant is eligible to get Rs. 6503/- as cancellation charge. Complainant in his complaint says that name of his daughter is wrongly spelt as Asusha Janeena inspite of  Asma Janeena. But on perusal of Ext. P3 the legal notice sent to the opposite party there is no such whisper about the change of name, or a misspelt name. During cross examination he was asked as a specific question who is Asusha Janeena. For which he replied that “she is his daughter”. Then about Asma Janeena, he replied that she also is his daughter. Specific question was asked who travel in these two names. For which he replied that they are one and the same and the original name is Asma Janeena. What ever be the name, cancellation of one air ticket is admitted by the opposite party. Their contention is that, a lady requested them to cancel the PNR with number and when the staff expressed their inability to surrender air ticket, out of a round to trip ticket, she phoned the complainant and he himself requested the staff of the opposite party to cancel the other tickets with PNR which has been booked to travel from Hyderabad to Thiruvananthapuram. When the identity card of the passenger was asked, the lady showed the identity card of Asusha Janeena, and convinced by this act, opposite party cancelled the said ticket. When asked about refund, the lady requested them to keep it with them for the time being and will inform it later, the mode of refund. So there is no deficiency on the part of the opposite parties. Moreover, complainant purchased a new ticket of the same rate from Hyderabad Airport to travel from Hyderabad to Thiruvnanthapuram. So no monetory loss was sustained to him. These contentions were not contradicted by the complainant. However opposite party also admits the refund and they are ready to refund the ticket price from the beginning.  So we are of the considerate view that no deficiency can be attributed to the opposite party. Complainant is eligible to get the refund. Since no deficiency is proved, question of compensation is not considered.

         In the result, complaint is allowed. Opposite party is directed to refund the price of the air ticket Rs. 6503/- within a month of receipt of this order. After this period, this amount will carry interest at the rate of 9% till the date of realization. No order on cost and compensation.

         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 Forum, this the 16^th day of  December, 2013.

                                        Sd/-  LIJU B. NAIR                   :         MEMBER       

          Sd/- G. SIVAPRASAD              :         PRESIDENT

Sd/- R. SATHI                           :         MEMBER

C.C No: 145/2012

APPENDIX

I.Complainant’s documents:

         P1    :       Boarding pass issued to Janeena Ash on 7/4/2012

         P2    :       Copy of itinerary to show the booking done by the

         Complainant

P3    :       Legal notice sent to the 1^st opposite party dated

                 19/04/2012

P3(a)         :       Postal receipt

II.Complainant’s witness:

         PW1 :       Jawahardeen

III. Opposite parties’ documents         :       N I L

IV. Opposite parties’ witness     :       N I L

                                                                                                                                    Sd/-

PRESIDENT