KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL 495/10

JUDGMENT DATED: 25.1.2011

PRESENT

JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

SRI.S.CHANDRAMOHAN NAIR             : MEMBER

1. Mrs. Chand Begum, residing at           : APPELLANTS

     MRA-112, Kamalalayam-2,C.O.

    Madhavan Road, Kunnukuzhy.P.O.,

    Thiruvananthapuram.

2. Khyrunnisa.A,

      -do-do-

3. Rizwana Ghouse,

      -do-do-

(By Adv.K.Santhoshkumar)

       Vs.

1. AIR DECCAN rep.by the                     : RESPONDENTS

    Area Captain/Airport Manager,

    Air Deccan, Domestic TerminalI,

    Trivandrum Airport, Trivandrum.

2. Manager, Air Deccan, 35/2,

    Cunningham Road, Opposite Canara Bank,

    Bangalore 560 052(presently known as

    King Fisher Airlines Ltd.)

(By Adv.M.Nizamudeen

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU                   : PRESIDENT

          The appellants are the complainants in CC.244/06 in the file of CDRF, Thiruvananthapuram. The complaint was filed seeking compensation for denial on the part of the opposite parties to travel in the flight on 20.6.06 inspite of the fact that the complainants had confirmed tickets, stands dismissed.

          2. It is the case of the complainants three in number that they had booked air tickets from Chennai to Thiruvananthapuram on 28.4.06 for traveling on 20.6.06 by Air Deccan Flight No.DN 719.  The tickets issued were confirmed tickets with PNR number.  The tickets were purchased from the Thiruvananthapuram counter  of Air Deccan.  It is alleged that on 20^th  June after the baggage was checked at Chennai Airport the complainants were told that their tickets were cancelled and hence they could not board the flight.  They had to take taxi to return to Chennai city and stay in a tourist home and purchase tickets for the next day from Indian Airlines on payment of Rs.7575/-.  It is also alleged that one of the passengers was sick. They have altogether claimed Rs.1,15,000/- as compensation. 

          3. The opposite parties have filed joint version mentioning  that the complainants booking was  a time hold booking from the call centre on 27.4.046 at 12.10 hours. It is alleged that no payment was made at the time of booking and it is valid only for 24 hours  and that the tickets are to be collected from the counter of Airlines before 12.10 hours on 28.4.06.  In the absence of  payment booking stood automatically cancelled.

          4. The evidence adduced consisted of the testimony of PW1,DW1; Exts.P1 to P4 and Exts.D1 and D2.

          5. The Forum dismissed the complaint on the ground that there is no objective evidence produced to prove  payment.

          6. We find that one of the complainants ie, the 2^nd complainant has filed proof affidavit and was cross examined. She has reiterated in the cross examination the case that she herself made the payment at the counter of the opposite party at Thiruvananathapuram and obtained Ext.P1 ticket which is in the form of a computer print out.  She has admitted that the  ticket was booked on 27.4.06 by telephone through the call centre.  She has denied the suggestion that no payment was paid.  DW1 is the Manager of the opposite parties who has testified in support of the  contentions of the opposite parties.  On an examination of Ext.P1 the alleged ticket produced by the complainants  we find that    it can be seen that Ext.P1 has been generated on 28.4.06 as it bears the above date.                                                                                                                    The status with respect to the three tickets is mentioned as confirmed. On the top of Ext.P1  the booking status is mentioned  as   on hold till 28^th April 12.10 hours.  It is also mentioned that the booking is made on 27.4.06 at 12.10.PM.   There is no case to the opposite parties that ticket in some other form will be issued on payment.  On an perusal of the evidence of PW1 we find nothing has been brought out to disbelieve the testimony that she paid a sum of Rs.3114/- on 28.4.06 and obtained the ticket.  There is no case for the opposite parties that on receiving payment a receipt will be issued. The circumstances of the case also would show that it is unlikely that such a false claim is made the complainants.  All the three complainants are ladies and that one of then was sick was no disputed.  In the circumstances we find that the reasoning of the Forum that the  complainant not produced any objective evidence as such to evidence payment appears not correct.  Hence the order of the Forum in this regard is set aside. 

          7. So far as the expenses  of the complainants for taxi and stay at Chennai no evidence apart from the testimony of PW1 has been adduced.  They had to pay a sum of Rs.7575/- for purchasing fresh tickets as evident from the Indian Airlines tickets produced which is seen in the case bundle.  In the circumstances we find that it would be reasonable to award a sum of Rs.15000/- as compensation to the complainant.  The opposite parties/respondents are directed to pay Rs.15000/- as compensation to the complainant with interest at 9% per annum from the date of complaint and also to pay a sum of Rs.5000/- towards costs.  The amounts are to be paid within 3 months from the date of receipt of this order failing which the complainant will be entitled for interest at the rate of 15% from 25.1.2011, the date of this order.

          The office will forward the LCR to the Forum along with the copy of this order.

          JUSTICE  K.R.UDAYABHANU                : PRESIDENT

          S.CHANDRAMOHAN NAIR                     : MEMBER

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