BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 9th March 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
ORDERS IN
C.C.No.407/2016
(Admitted on 31.12.2016)
1. Sri. Devadas Alva,
Aged 68 years, S/o M Sankappa Alva,
2. Smt. Shashiprabha Alva,
Aged 60 years, W/o Devadas Alva,
Both are residing at Sitar, Near Kavoor,
Mahalingeshwara Temple, Maryhill Road,
Kavoor, Mangalore.
3. Sri. P. Balakrishna Rai,
Aged 66 years, s/o K Ajila Rai,
4. Smt. Sunanda B Rai,
Aged 63 years, W/o P. Balakrishna Rai,
5. Sri Ankit P Rai,
Aged 26 years, S/o P Balakrishna Rai,
No.3,4 and 5 are residing at Ashirvad,
Near Kavoor Mahalingeshwara Temple,
Maryhill Road, kavoor, Mangalore.
…… Complainants
(Advocate for Complainant by Smt. LAS)
VERSUS
Sri Praveen,
Prop: Vaishali Travels,
Kumudavathi Building,
Balamatta, Mangalore 575001.
…. Opposite Party
(Opposite Party: Exparte)
ORDER DELIVERED BY HON’BLE MEMBER
SMT. LAVANYA M. RAI
- This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite party claiming certain reliefs.
The brief facts of the case are as under:
The complainant had booked tour tickets through the Opposite Party being a Travel Agent named as VAISHALI TRAVELS from Bangalore to Srinagar on 18.6.2016 in Vistara flight UK 797, Airline PNR *8CDHDF* to be departing on 13.8.2016 with bearing ticket numbers 2282257993906, 2282257993907, 2282257993907, 2282257993909 and 2282257993910 for a tour with total gross far of Rs.42,275/ The complainants had also booked return tickets with the Opposite Party on 18.6.2016 from Srinagar to Mumbai in IndiGo Airlines to be departing on 19.8.2016 vide Airline PNR XDUTFA of complainant No.1 and 2 with Airfare of Rs.9,715/ and vide Airline PNR CEMB9H of complainant No.3, 4 and 5 with Airfare of Rs.19,546.50 and from Mumbai to Mangalore through Jet Airways vide Airline PNR RRCSBC of complainant No.1 and 2 with Airfare of Rs.9,327/ and vide Airline PNR IBOJNB of complainant No.3, 4 and 5 with Airfare of Rs.13,990.50 the total Airfare amount of all the complainants was Rs.94,853/
The complainants submits that vistara flight UK 797, Airline sent a mail message to the Opposite Party which reads that Dear Customers, we regret your Vistara flight UK 797 from Bangalore to Srinagar on 13.8.2016 has been cancelled due to operational reasons for assistance with alternative options or a full refund, kindly get in touch with our customer service center. Vistara regrets the inconvenience caused. This message was forwarded to the complainants by Opposite Party. When the Opposite Party got the message from the Vistara Flight UK 797, Airline, regarding the cancellation of the flight, it was the duty of the Opposite Party to cancel the return tickets from Srinagar to Mumbai in Indigo airlines and from Mumbai to Mangalore through Jet Airways immediately because the return tickets were also booked through the Opposite Party by the complainants as the complainants could not travel to Srinagar due to cancellation of flight from Bangalore to Srinagar due to operational reasons of the flight. Hence there was no purpose in withholding the return tickets of the complainants by the Opposite Party and the Opposite Party itself ought to have cancelled the return tickets as it is the duty and responsibility of the Opposite Party when it got the mail message from vistara Flight UK 797, Airline that the flight to Srinagar got cancelled due to operational reasons. Due to the negligent act of the Opposite Party for not cancelling the return tickets, it is the Opposite Party who has to refund the ticket amount to the complainants as the return tickets were also booked by the complainants through the Opposite Party.
As per the Opposite Party letter dated 19.8.2016 it has refunded only Rs.56,504/ instead of full refund of Rs.94,853/. It is clearly mentioned in the mail message that full refund would be given due to cancellation of the flight because of operational reasons and was not complainants fault to cancel the flight. But inspite of it, the Opposite Party has deducted the fare amount without any reasons thereby cheating the complainants. Hence the Opposite Party is liable to refund the full amount of Rs.94,853/ without any deductions out of Rs.94,853/ the Opposite Party has paid Rs.56,504/ and the Opposite Party is liable to refund balance amount of Rs.38,349/ to the complainants. Therefore the complainants sent lawyers Registered Notice dated 12.9.2016 and demanded the payment payable to the complainants. Opposite Party replayed the notice and not refunded the amount, hence the above complaint filed under section 12 of the C.P.Act 1986(here in after referred to as the Act) seeking direction from this Fora to the Opposite Party directed to refund Rs.38,349/ towards outstanding balance amount and Rs.50,000/ towards the compensation along with interest at 18% till the date of the payment.
II. Version Notice served to the opposite party by RPAD, the Opposite Party neither appeared nor contested the case. Hence we have proceeded Ex-parte as against Opposite Party. Version of Opposite Party not filed hence treated nil.
III. In support of the complainant Sri.P. Balakrishna Rai, (CW1) the complainant filed affidavit on behalf of all the complainant reiterating what has been stated in the complaint and produced the documents same has got marked as Ex C1 to C10. The Opposite Party placed Ex-parte, hence Opposite Party not filed version nor led any evidence.
IV. In view of the above said facts, the points for arise for our consideration in the case are:
- Whether this Complainant proved that the Opposite Party committed deficiency in service?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
We have considered the arguments submitted by the complainant and also considered the materials that was placed before the Fora and answered the points are as follows:
Point No. (i) : Negative
Point No. (ii) : Negative
Point No. (iii): As per the final order.
REASONS
V. POINTS No. (i) to (iii): The complainant in order to substantiate the averments made in the complaint filed evidence by way of affidavit supported by documents i.e. Ex.C1 to C10. From the above documents it reveals that complainant had booked tour tickets though the Opposite Party named as Vaishali travels Agency from Bangalore to Srinagar in vistara flight U.K 797, Airline with total Fare of Rs.42,275/ and also booked return tickets from Srinagar to Mumbai in Indigo Airlines for sum of Rs.29,261.50/ and from Mumbai to Mangalore though Jet Airline by paying Rs.23,326.50/
After perusal of Ex.C1, under rule and regulations the fourth rules mentioned that For cancellation please refer to fare rules and conditions. The Ex.C2 to C5 reveals the information to the passengers that We are not be responsible for any flight delay/cancellation from airline’s end. Further it also mentioned We are a travel agent and all reservation made though our website are as per the terms and conditions of the concerned airlines. All modifications cancellations and refunds of the airline tickets shall be strictly in accordance with the policy of concerned airlines and we disclaim all liability in connection thereof, hence it is the bounden duty of the complainant to verify the same before the concerned airlines.
Apart from that it is the undisputed fact that the vistara flight U.K.797 and Indigo Airline refunded the amount as per Ex.C3 and Ex.C7 and Ex.C8 also disclosed that Air ticket refund details. It is true that as per Ex.C6 the vistara flight U.K.797 regrets the inconvenience caused and refunded the amount as per Ex.C7 in accordance with the rules and regulations the vistara flight and Indigo Airline refunded the amount, so that the Opposite Party is not held responsible. Now the dispute for discussion that the jet airways not refunded the amount instead of making necessary party to the proceedings the complainant filed complaint against this Opposite Party. Hence the non joinder of necessary party and claiming reliefs from the Opposite Party does not arise because Opposite Party in this case is the agent of the tours and travels in every flight tickets mentioned information that travel agents are disclaim all liability in connection with cancellation and refund of airlines. Therefore the defence taken by in complainant is not benefited to prove their case.
In view of the aforesaid reasons, we hold that the point No.1 and 2 is Negative.
In the result, accordingly we pass the following Order.
ORDER
The Complaint is dismissed. No order as to cost.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 7 dictated by Member to the Stenographer typed by him, revised and pronounced in the open court on this the 9th March 2017)
MEMBER PRESIDENT
(LAVANYA M RAI) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainants:
CW1 Sri. P Balakrishna Rai,
Documents marked on behalf of the Complainants:
Ex.C1: 18.6.2016: Computerized Ticket booked by the complainants from Bangalore to Srinagar in Vistar flight UK 797, Airline
through the Opposite Party.
Ex.C2: 18.6.2016: Computerized return tickets booked by complainant No.1 and 2 from Srinagar to Mumbai in Indigo
flight Airline through the Opposite Party.
Ex.C3: 18.6.2016: Computerized return tickets booked by complainant No.3,4 and 5 from Srinagar to Mumbai in Indigo
flight through the Opposite Party.
Ex.C4: 18.6.2016: Computerized return tickets booked by complainant No.1 and 2 from Mumbai to Mangalore in Jet
Airways Airline through the Opposite Party.
Ex.C5: 18.6.2016: Computerized return tickets booked by complainant No.3,4 and 5 from Mumbai to Mangalore in jet
Airways Airline through the Opposite Party.
Ex.C6: Mail message sent by vistara flight UK 797 to the Opposite Party regarding cancellation of flight from Bangalore to
Srinagar due to operational reasons.
Ex.C7: Computerized cancellation ticket of the complainants from Bangalore to Srinagar issued by Vistara flight through the
Opposite Party.
Ex.C8: 19.8.2016: Letter issued by the Opposite Party regarding refund of Air-ticket.
Ex.C9: 12.9.2016: copy of the lawyer notice sent to the Opposite Party by the complainants.
Ex.C10: 28.9.2016: Copy of reply notice sent by the Opposite Party to the complainants.
Witnesses examined on behalf of the Opposite Party:
Nil
Documents marked on behalf of the Opposite Party:
Nil
Dated: 9.3.2017 MEMBER
