ORDER

V. K. DABAS, MEMBER



 The case of the complainant is that he is a government servant and is
working as a   constable in CISF  and was posted at Chennai Airport.
It is alleged by the complainant that after spending his holiday at
Uttrakhand he had to report for his duty at Chennai Airport on
17-10-2014. He had purchased two tickets one for himself and the other
for his wife for 16-10-2014 from New Delhi to Chennai in M/s Spice Jet
SA 315 flight scheduled to depart at 5.05 PM. It is alleged by the
complainant that he had reached the Delhi Airport  in time and had
collected the boarding pass after completing the formalities of
security checks but at around 7PM , an employee of the OP Mr. Tarun
informed the passengers that the flight was not taking of as there was
no fuel in the aircraft and the OP company is requesting in with the
oil company. Finally at 9 PM the OP informed the passengers to collect
their baggage that the flight had been cancelled. It is alleged by the
complainant that in order to avoid any departmental action he had
borrowed Rs 15000/- from his friend and took another flight to join
his duty at Chennai and also had to leave his wife and children at his
friends residence. It is  further alleged by the complainant that he
had  to visit New Delhi again and a substantial amount was spent by
him to bring his wife and children back to Chennai. It is also alleged
by the complainant that the OP company refunded an amount of Rs.
6906/- in his account after deducting Rs 3000/- from the total cost of
the ticket on 30.12.2014 and that he had written letter to the OP
dated 6.1.2015 and 24.2.2015 to which the OP did not even respond.
Hence, the complaint.

    Despite service of notice, the OP failed to appear , hence, the OP
was proceeded with ex-parte.





In the evidence, the complainant filed his affidavit along with
photocopy of leave certificate , tickets of Spice Jet , boarding pass
, ticket of another flight (Indigo) and the letters dated written to
OP 6.1.2015 and 24.2.2015. In the affidavit, he has corroborated the
contents of the complaint. The affidavit filed by the complainant has
remained unrebutted.  We, therefore, hold the OP deficient in
rendering service to the complainant. We accordingly  direct OP as
under:-











Pay to the complainant a sum of Rs 3000/- deducted by the OP from the
total cost of the tickets.

Pay to the complainant a sum of Rs 20,000/- for pain and agony
suffered by the complainant.

Pay  to the complainant a sum of Rs. 2500/- as cost of litigation.



The OP shall pay this amount within a period of 30 days from the date
of this order failing which they shall be liable to pay interest on
the entire awarded amount @ 10% per annum.  IF the OP fails to comply
with this order, the complainant may approach this Forum for execution
of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule.

    File be consigned to record room.

    Announced in open sitting of the Forum on.....................