DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Complaint No. CC/15/192 of 3.9.2015

                                      Decided on:        10.3.2016

Kiran Singla wife of Mohinder Singla, resident of House No.170-B, Street No.9-B, Sarabha Nagar, Bhadson Road, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Star Travels Regd.(QLU), through its Partner/Prop. Adjacent To Hotel Harpavitter, Sirhind Road, Patiala-147001 Punjab (India).
2. Chetan Goyal Partner/Prop. of Star Travels Regd.(QLU), Adjacent to Hotel Harpavitte, Sirhind Road, Patiala-147001, Punjab (India).
3. Gurjit Singh Partner/Prop. of Star Travels Regd.(QLU), Adjacent to Hotel Harpavitte, Sirhind Road, Patiala-147001, Punjab (India).
4. Air Canada Reservations , AIR Canada  111, Ansal Bhawan 16, Kasturba Gandhi Marg New Delhi-110 001.

                                                                   …………….Ops

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Sh. A.P.S.Rajput, President

                                      Smt.Neelam Gupta, Member

                                      Smt.Sonia Bansal,Member

Present:

For the complainant:     Sh.Dhiraj Puri, Advocate

For Op No.1:                   Ex-parte 

                                         ORDER

NEELAM  GUPTA, MEMBER

1. The complainant is having tourist multiple visa of 10 years from 23.7.2014 to 19.3.2014 and she approached Op no.2 for purchasing the air tickets from Delhi to Toranto (Delhi-Bahrain-London-Toronto-Frankfurt-Delhi) through Op no.1. It is averred that on 31^st July,2014 OP supplied the traveler information of Mohinder Singla that E ticket number is 0145454316051-52, issuing Airline Act, Ticket status e-ticket processed 31 july 2014 and also gave the Flight information to complainant i.e. Delhi to Toronto,flight departure time was 21:50 dated 12 August 2014 from Indra Gandhi International DEL, Terminal 3 and Arrival time 11:10+1 day at Toronto, Canada, Lester-B, Pearson International YYZ,Terminal 1. The ticket and journey of complainant had been confirmed and the journey was start on 12 August 2014 at 21:50 as per schedule given by Op flight number Gulf Air –GF 135 and confirmation number Gilf Air NTOVX and the return journey of complainant Mohinder Singla from Toronto to Delhi was started on 12 October 2014 i.e. departure time was 21:40 from Toronto, Canada, Lester B, Pearson International YYZ Terminal 1 and arrival time 8:20+2 days at Delhi, Indra Gandhi International DEL, Terminal 1. Complainant came back on India on 13 October 2014 as per this schedule.
2. That on the same day i.e. on 31 July 2014 opposite party supplied the traveler information the E ticket number 0145454316049-50 of complainant Kiran Singla, issuing Airline AC, Ticket status e-ticket processed 31 July 2014 and also gave the Flight information to complainant i.e.Delhi to Toronto, flight  departure time was 21:50 dated 12 August 2014 from Indra Gandhi Intentional DEL, Terminal 3 and Arrival time 11:10+1 day at Toronto, Canada, Lester B, Pearson International YYZ, Terminal 1. The ticket and journey of complainant had been confirmed and the journey time was  to start on 12 August 2014 at 21:50 as per schedule given by opposite party through flight number Gulf Air-GF 135 and confirmation number Gilf Air LGIWCM and the return journey of complainant Kiran Singla from Toronto to Delhi was started on 12 November 2014 i.e. departure time was 22:10 from Toronto, Canada, Lester B, Pearson International YYZ Terminal I and arrival time 9:35+2 days at Delhi, India, Indra Gandhi International DEL, Terminal 3.
3. That as per the schedule given by the OP on 12 November,2014 complainant Kiran Singla reached Toronto air port for boarding the AIR Canada-AC 876 from Toronto, Canada/Lester-B,Pearson International YYZ  Terminal 1, where she was informed by the official of Canadian Air Port that the time of flight AIR Canada-AC 876 has been changed and she was not allowed for boarding the AIR Canada-AC 876 on her ticket number 0145454316049-50 issued by the op to the complainant. Even though she reached at 20:15 at car parking of Toronto, Canada, Lester B, Pearson Interlineal YYZ Terminal 1.
4. That in this regard, complainant complained to the AIR Canada that she was not informed by any one for the change of flight time. The AIR Canada informed the complainant that the office of said Air Line had sent an email to his travelers Agency regarding the change of time of AIR Canada-AC 876 with a direction to supply the information to Op about the change of time of flight AIR Canada-AC 876. Opposite parties No.1&2 were bound to give the information to the complainant about the change of time. Due to the negligence of travel agency, complainant missed her flight and she was not allowed to board the flight AIR Canada-AC 876 and to travel on her ticket number 01454543316049-50.Even she reached at 20:15 at car parking of Toronto, Canada, Lester B, Pearson International YYZ Terminal 1.
5. It is further averred that on 13 November,2014, the complainant Kiran Singla purchased a new ticket number 6075854899995 of ETIHAD AIRWAYS for amounting of Rs.38,500/- for her journey from Toronto to Delhi.
6. That complainant was not informed by the official of AIR Canada as well as by Opposite party that the schedule time of flight AIR Canada-AC 876 has been changed, which is clearly negligence and deficiency in service on the part of both of opposite parties.
7. The complainant sent a regd. legal notice on 27.7.2015 to the opposite parties through his counsel Sh.Sat Paul Sharma, Sangrur and requested the opposite parties to refund the air ticket within the period of 15 days from the date of receipt of notice, but the opposite parties did not even respond to the legal notice. Ultimately the complainant approached this Forum under Section 12 of the Consumer Protection Act,1986( for short the Act) praying for the refund of Rs.43,000/- cost of ticket No.0145454316049-50 alongwith interest, and amount of Rs.1,81,000/- as compensation and Rs.15000/- as litigation expenses.
8. Cognizance  of the complaint was taken against Op no.1 only, who failed to appear despite service and was thus proceeded against exparte.
9. In support of her case, the complainant produced in evidence her sworn affidavit alongwith the documents Exs.C1 to C18 and closed the evidence.
10. The complainant failed to file the written arguments. We have heard the counsel for the complainant and gone through the evidence on record.
11. In the present case, the complainant had gone to Toronto on 12^th August,2014 and she had to return from Toronto to Delhi on 12^th November,2014. Ex.C4 is the confirmation ticket vide which she had to travel from Toranto to Delhi.As per the schedule given by the Op, on 12^th November,2014, the complainant reached Toronto Airport for boarding the Air Canada-AC 876 from Toronto, Canada/Lester B Pearson International YYZ Terminal 1. As the scheduled departure time of the flight was 22:10 hrs the complainant reached the Toronto Airport at 20:15 hrs.Ex.C12 is the photocopy of the ticket dated 12.11.2014.Ex.C13 is her parking ticket at the airport when she reached the airport, she was informed by the official of Canadian airport that the time of flight AIR Canada-AC 876 was changed (pre-poned) as such she was not allowed to board the AIR Canada –AC 876 on her ticket No.0145454316049-50 issued by the Op, though she had reached the airport at 20:15 hrs at car parking of Toronto, Canada, Lester B, Pearson International YYZ Terminal 1.
12. Thereafter, the complainant made a complaint to the AIR Canada that she was not informed by anyone for the change of flight time. The AIR Canada told the complainant that the office of the said Air line had sent an e-mail to  its travelers agency regarding the change of time of AIR Canada-AC-876 with a direction –“Supply the information to OP about the change of time of flight AIR Canada-AC-876. Ops no.1&2 were bound to intimate the complainant about the change of time. Due to the negligence of Traveler Agency, the complainant missed her flight and she was not allowed to board the flight AIR Canada-AC-876 and to travel on her ticket no.01455454316049-50.As such, the complainant had to purchase a new ticket No.6075854899995 of  ETIHAD AIRWAYS for Rs.38,500/- on 13^th November,2014 for her return journey from Toronto to Delhi.
13. Ex.C11 is the e-mail dated 13.9.2015 sent by AIR Canada to the complainant that  ‘Our records indicate passenger was scheduled to depart Toronta Airport on flight AC-848 to London on November 11, 2014. There was a schedule change and passenger’s departure date was changed to November 12th, 2014 departing from Toronto to  Frankfurt”

          “The passenger did not travel on these Flights and our Refund Services processed a refund on the unused portion of her tickets”.  

14. Ex.C10 is the e-mail dated 23.9.2015 sent by Air Canada to the complainant that the ticket of the complainant has been refunded to the travel agency. The complainant sent another e-mail on 23^rd September,2015 to Air Canada as to when the ticket was refunded and in to which credit card . In reply Air Canada sent another e-mail on 23^rd September,2015 that their record shows that  the ticket of the complainant was refunded to the travel agency on 30^th June,2015 and the complainant should contact the travel agency for reimbursement.
15. In view of the facts and circumstances of the case, it is very much evident that Air Canada refunded the  ticket amount to  Op no.1 on 30^th June,2015 but Op no.1 failed to refund the same to the complainant which resulted into deficiency of service on the part of Op no.1.Firstly Op no.1 failed to intimate the complainant regarding pre-poning of the flight and the complainant faced inconvenience and underwent a lot of harassment at the hands of Op no.1.Secondly Op no.1 failed to refund the ticket amount i.e. Rs.43,000/- to the complainant though Air Canada had remitted the same to Op no.1 and the complainant was dragged into forced litigation which also shows malafide intention of Op no.1.Further failure on the part of Op no.1 to contest the claim of the complainant shows the indifferent attitude of Op No.1 to redress the grievance of the complainant. All these facts prove gross negligence as well as deficiency of service on the part of Op no.1
16.           In view of the aforesaid discussion , we accept the complaint with a direction to Op no.1 to refund the amount of Rs.43,000/-( the price of the air ticket No.0145454316049-50 from Toronto to Delhi) alongwith interest @6% per annum from 12.11.2014 till payment. Op no.1 is further burdened with a compensation to the tune of Rs.20,000/- for the harassment undergone by the complainant and Rs.10,000/- as litigation expenses. Order be complied by Op no.1 within 45 days of the receipt of the certified copy of the order.

Pronounced

Dated:10.3.2016

               Sonia Bansal           Neelam Gupta                        A.P.S.Rajput

        Member                Member                                  President