Shaw Wallace Building, P.S. Hare Street, Kolkata-1.                               ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   6    Dated  22/01/2013.

            In a nutshell, the case of the complainants is that complainants purchased two separate international air tickets for traveling to Phoenix, USA via Mumbai and London and back to Kolkata through the same route by flights of British Airways and King Fisher Airlines. The tickets were purchased through the travel agent Tasha Travels (P) Ltd. 4, Ho Chi Minh Sarani, Kolkata-71 at a total price ofRs.79,885/- for Jaytilak Biswas and Rs.83,885/- for Rita Biswas both the amounts were paid through cheques to Tasha Travels. The onward journey commenced on 18.1.12 for Rita Biswas and on 21.3.12 for Jaytilak Biswas by Flight no.BA 8894 from Kolkata to Mumbai operated by Kingfisher Airlins for both of them and reached Phoenix, USA on different dates. Both of them started return journey together from Phoenix, USA on 21.4.12 by Flight no.BA 288 and reached London on 22.4.12, stayed in London from 22.4.12 to 26.4.12 and departed from London (Heathrow
Airport) on 27.4.12 at 21-50 hrs by British Airways Flight no.BA 199 for Mumbai as per booking schedule of the air tickets. While checking in at the Hathrow Airport, London, they were told by the British Airways duty staff that Kingfisher Airlines Flight no.IT 513 from Mumbai to Kolkata will be operating and boarding cards for the same would be issued from Mumbai Domestic Airport. Accordingly boarding cards for Flight no. BA 199 were only issued. However, 4nos. of baggage tags for 4 pieces of check-in baggage (British Airways allows 2 check-in baggage upto 23 kgs each per passenger) were issued to them with endorsements for Flights BVA 199 and IT 513 also for carriage and delivery of the baggage at Kolkata Airport. It may further be mentioned that in the pre-departure confirmation e-mail sent to them by British Airways on 26.4.12 (24 hours before departure from London by Flight BA 199). It was also confirmed that boarding cards for Kingfisher Flight IT 513 will be issued at Mumbai Airport.

            Reaching Mumbai on 28.4.12 forenoon and after customs clearance as usual they were sent to domestic terminal of Kingfisher Airlines through transfer coach by the Mumbai Airport Authority. They reported to Kingfisher reporting counter with their baggage but were told by the staff that Kingfisher IT 513 had been cancelled since long. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.ps. did not contest the case by filing w/v and matter was heard ex parte against the o.p.

Decision with reasons:

            We have gone through the pleadings of the complainants, evidence and documents in particular and we find that the evidence adduced by complainants has remained unchallenged testimony since o.ps. did not appear to contest the case. Moreover, on perusal of the entire materials on record we find that o.ps. had sufficient negligency / deficiency on their part being service provider to their consumers / complainants   and complainants are entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to pay a sum of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only for inexplicable mental agony and prolong harassment caused to the complainants by o.ps. and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.