The case of the complainant in short is that the complainant purchased air ticket from Mumbai to Kolkata on 25.9.2015 and the date of journey was schedule on 8.10.2015. The ticket of INDIGO Air Line , PNR QETRYX . The petitioner cancelled the ticket for personal reason. The travel agent has not paid
of the refund amount. Further case is that the petitioner purchased Air ticket from the travel agent for a journey from Kolkata to Delhi Srinagar on 8.7.2014 for his journey on 1.9.2015 by Spicejet , price of the ticket was 3627/- and fare for journey from Jammu to Delhi to Calcutta Rs.3600/- but afterwards the complainant cancelled the ticket . The Opposite party did not return the price of the ticket. Hence, the case, claiming the total money i.e. total Air ticket.
The Opposite party entered appearance by filing Written version denying inter alia all material allegations. The positive case of the oP is that the complainant never informed the oP about the incident but the complainant failed to obtain the boarding pass from the concerned Airlines within time. The complainant did not inform any complaint in writing to this Opposite party. Accordingly, the allegation has no basis. The Op prays for dismissal of the complaint.
Complainant filed photo copy of some confirmed tickets and also Receipt cum Invoice issued by Five Star Tours and Travels. The complainant also filed Evidence in chief and W.N.A. The Op also filed photo copy of some documents . The Op also filed Affidavit in chief and W.N.A.
Upon pleadings, Written version and the documents filed by all the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant is entitled to get relief as prayed for ?
DECISION WITH REASONS
All the points are taken together for easiness of discussion.
It is admitted fact that the complainant purchased tickets from the Op. Complainant did not avail the journey and as such the ticket was cancelled. The manner of cancellation has been laid down in the lower part in the ticket in the heading cancellation and rescheduling initiated by passenger in case of Spicejet. There is no document filed by the complainant that he approached to the Opposite party or the concerned Airflight authority for cancellation of the ticket on 8.10.2015 or any date. The terms and conditions as laid down in the ticket in Spicejet is quoted from the ticket as hereinunder.
“Changes/cancellation in the bookings can be made only upto 1 hour prior to scheduled departure time (3 hours in case of international travel) upon
payment of a change/cancellation fee (amount depends on the type of fare purchased advised at the time of booking) along with difference in fare, if applicable. Changes/cancellation for Interline travel bookings can be made only upto 3 hours prior to scheduled departure time upon payment of INR 4,600 per passenger per change for each way of travel along with difference in fare any applicable.”
Moreover, in this case the Airlines has not been made party and complainant did not any paper to show that the Op is a registered ticket seller. On this premises, the material in record does not inspire confidence in the mind of this Forum regarding the actual position of the fact. Accordingly, the complainant has been failed to prove his allegation with trustworthy document. As such, case fail. Hence it is –
Ordered
That the CC no. 200 of 2015 be and the same is dismissed on contest. No order as to cost.
Let a copy of this order be made over to the parties free of cost.
