EX-P A R T Y O R D E R
PER SHRI. S.S. PATIL - HON’BLE MEMBER :
1) This is the complaint regarding deficiency in service on the part of Opposite Party as Opposite Party did not provide him two air tickets though he was entitled to the same.
The facts of the case as mentioned by the Complainant are that he joined Gulf Air Frequent Flyer membership from 1997 and his FFP No. is 11741243-00-4. He further stated that he was working in Quarter Oil Filed and Abudhabi Oil Field. Therefore, he was to fly Doha Mumbai Doha every month from 1997-2003. He was to fly Mumbai-Abudhabi-Mumbai every month from 2003 to 2006. He had earned more miles for past 10 year of continued flying.
2) The Complainant has further stated that during 2003 he received only two returned tickets Mumbai-Dubai-Mumbai from the Opposite Party for his wife & daughter. In 2005 he had requested for one Mumbai Abudhabi – Mumbai ticket. However, Opposite Party denied his request on the ground that it was season time.
3) In the year 2008, he requested for two return tickets to travel to Israel for his family but he did not receive any reply from the Opposite Party. In 2009, he sent a letter to Opposite Party for posting of his 9000 miles but Opposite Party denied the same. Then he sent a legal notice dtd.14/05/09 to Opposite Party. At this time, Opposite Party agreed for posting of 9000 miles and offered ticket vide Opposite Party’s letter dtd.11/06/09.
4) The Complainant further averred that he has been asking for 10 years frequent flying miles. Since he did not know as to how many miles were reduced from his account. In para 7, the Complainant has stated that he again requested Opposite Party for two return tickets since last 10 years he had not utilized his units.
5) The Complainant has further stated that, the Opposite Party told him that it required 84,000 miles in his account to obtain free two return tickets however, there were only 72000 miles in his account. He then told the Opposite Party that he was ready to pay for remaining 12000 miles. On this the Opposite Party personnel told him to pay Rs.14,325 equal to 300 US $ for 12000 miles and Rs.10,849 towards flying charges, taxes and fees. At this point, the Complainant has pointed out that if the value of 12000 miles is 300 US $ then value of the 72000 miles is Rs.90,000/-. Actual Gulf Air Fair for RTRV – Amman – RRV for two adults is 53679 plus Rs.10,849/- taxes and fees but the Complainant had Rs.90,000/- at his credit. That means he had excess amount than the Air ticket charges of Gulf Air and thus he was entitled to two free air tickets.
6) The Complainant has further stated that, he had already booked the Hotel at Jerusalem, Tiberius and Amman. Hence, delaying the issue of two return tickets by Opposite Party caused him tension and he was constrained to buy tickets from another Airlines.
7) The Complainant finally prayed that the Opposite Party be directed to refund a sum of Rs.44,000/- as cost of two air tickets from Egypt Airlines (b) Rs.1 Lac for mental agony and Rs.20,0000/- as legal charges. The Complainant has attached the xerox copies of the following documents with his complaint.
i)A card showing the name of the Complainant. Gulf Air, Frequent Flyer bearing No.11741243-004-003 02107 02110.
ii)Legal notice dtd.14/05/09.
iii)Reply from Opposite Party dtd.11/06/09.
iv)Frequent Flyer membership statement upto 09/04/06.
8) The complaint was admitted and notice was served on the Opposite Party. Inspite of the service of notice, the Opposite Party remained absent. Therefore, ex-parte order was passed against the Opposite Party vide roznama dtd.30/11/09. The Complainant then submitted his written argument wherein he reiterated the facts mentioned in the complaint.
9) We heard the Ld.Advocate for the Complainant. During the oral argument, this Forum directed the Complainant to submit the copies of Egypt Airlines Air tickets obtained by the Complainant. Accordingly the Complainant submitted the xerox copies of the said Egypt Airlines Air tickets obtained by the Complainant dtd.26/06/09. We perused all the papers submitted by the Complainant and our findings are as follows -
10) The Complainant has submitted a xerox copy of one card No.117412-43-00-4 and 11741243-00-3 which expires 2/10 and 2/07 respectively. The name of the Complainant and Opposite Party is mentioned on this card. The details are very scanty. We cannot conclude from this cards as to when these cards were issued, what consideration the Complainant had paid to the Opposite Party and credit of how many miles the Complainant obtained and upto what period.
11) The Complainant has averred in the Complainant that he is the member of Frequent Flyer Programme since, 1997, but there is not a single document to show that he is such member since, 1997. Further he has averred that “he was flying Doha-Mumbai-Doha every month from 1997-2003 and Mumbai – Abudhabi-Mumbai from 2003-2006 and earned more miles for the past 10 years. However, the Complainant has miserably failed to produce any document to show that he had travelled as alleged, and earned “more miles”. The averment is vague. In Para 4 & 5 of the complaint, the statements are without any documentary evidence i.e. in the year 2003 he received two return tickets – Mumbai-Dubai-Mumbai and in 2005 he did not receive the tickets. These allegations are only averment without any documentary evidence.
12) The Complainant has also alleged that in 2008 he had a request for two return tickets to travel to Israel but Opposite Party did not respond his request. This is also a bare averment and Complainant has not produced any document in this respect.
13) The Complainant has further alleged that, in the year 2009 he sent a letter to Opposite Party for “posting of his 9000 miles but Opposite Party denied his request. In this behalf also Complainant has made the only averment without giving any copy of this letter, sent to Opposite Party or the Opposite Party’s denial letter if there is any.
14) The Complainant has also stated that he sent a legal notice to the Opposite Party and the Opposite Party agreed for posting of 9000 miles to the credit of the Complainant. This notice is on record but in this notice he has not mentioned that he has been not offered any ticket to the Complainant as alleged by the Complainant in his complaint.
15) In Para 6 & 7, the Complainant is making vague allegations regarding the frequent flying miles in his account as he himself does not know how many miles were in his accounts and how many miles were reduced. In para 7 he averred that “he requested the Opposite Party for two return tickets since past ten years he did not utilize his units. This is also a vague and bare submission without any document. He has failed to mention the date on which he requested for two return tickets. The averment in para 8 is also relied on the strength that what was discussed with the Opposite Party and what was told by the Opposite Party. There is absolutely nothing on record to show that Opposite Party has told the Complainant that it required 84000 miles in his account to obtain two free return tickets. All the calculations of 300 US dollars and 1800 US dollars are based on presumption of the Complainant without any proof.
16) The Complainant has further averred that he had done booking of Hotel at Jerusalem, Tiberius and Amman, but there is no documentary or any supporting evidence in this respect. It was further alleged that he was constrained to buy tickets from another Airlines. At this point, the Complainant was asked about the name of the airlines whose tickets were bought by the Complainant. The Complainant has explained that it was the Egyptian Airlines. He was then asked by the Forum to produce the copies of these tickets. He produced these tickets. We perused these tickets and found that these tickets are from Mumbai to Kairo and from Kairo to Mumbai. The total charges for these tickets are Rs.43,404/-. However, as per the complaint, the Complainant wanted return tickets to go to Israel but Kairo is in Egypt. The total cost of these tickets is Rs.43,404/-. The Complainant claimed Rs.44,000/- as cost incurred for buying two air tickets from Egypt Air Lines (Para 12 prayer of the complaint).
17) The Frequent Flyer Membership Statement produced b the Complainant is perused. It pertains to date 09/04/06 (Statement upto 09/04/06) and the maximum miles mentioned in this statement are 66000/-. The Complainant has failed to establish the link between these miles and the free tickets.
18) Therefore, from the above facts and circumstances it is clear that the Complainant has miserably failed to establish the deficiency on the part of the Opposite Party. He could not establish that, what consideration he had paid to become Frequent Flyer Member of the Opposite Party. He was also not able to establish how many miles exactly he accumulated to his credit for getting free return tickets from the Opposite Party. Therefore, in our considered opinion, the Complainant has failed to establish his case of deficiency in service against the Opposite Party and we do not find any merit in the complaint, hence, the following order –
O R D E R
i.Complaint No.203/2009 is hereby dismissed with no order as to cost.
ii Certified copies of this order be furnished to the parties.
