PRESENT

The journey was planned to match the holiday package, so they had booked from 26-2-2012 to 4-3-2012 to in Andaman Islands (8 days and 7 nights). Newspapers and electronic media were full of reports about mass cancellation of Kingfisher flights from 18-2-2012 onwards. Looking at the chaotic conditions resulted due to mass cancellation of Kingfisher flights on 20-2-2012, the complainant wanted to save the holiday package which he had booked. Since enough notice was not there cancelling the holiday package would have proved very costly to the complainant. So he decided to cancel the flight bookings in Kingfisher airlines and booked for the journey on the same day through some other airlines. The complainant kept trying on 21^st and 22^nd, the number could be accessed to the help line number 1800 200 9000, the response was the message “All routes to the dialed destination are busy at the moment, do call all again later, and on 21-2-2012 he sent an email to  web booking@flykingfisher.com, guestcare@flykingfisher.com with a copy of nodalofficer@flykingfisher.com and the said email was received on 24-2-2012 by OP and on 22-2-2012 and 23-2-2012, he sent an email requesting the OP to cancel the air tickets and refund the money, but he did not receive any response. Finally on 24-2-2012, the complainant when rush to the Kingfisher airlines counter at Bangalore airport to cancel the tickets. The executive claimed the flight was on schedule and that the complainant will have to pay penalty for cancellation of tickets. The tickets were cancelled by airlines executive with penalty of INR 1500 for each passenger. The complainant was promised refund with in a week, but till date, he has not received any refund nor received any communication. The holiday was planned with other two couples i.e. the friends of the complainant and complete payment was done for 8 days and 7 night’s package. Since less than 10 days were left for the package to start, no refund was possible, on 21-2-2012 he booked air tickets for their travel in Air India, the total cost from Chennai to Port Blair and back for himself and his wife was Rs.29,158=00, whereas, since they had booked very early, the cost of Kingfisher airlines was Rs.24,434=00. The Kingfisher airline flight in question from Chennai to Port Blair was indeed cancelled and did not operate on 26-2-2012. The intimation of the cancellation was sent to mobile of the complainant’s on 26-2-2012 at 12.40 a.m. This information was of no use for passengers residing at Bangalore and boarding the flight from Chennai. Had the complainant not made alternative bookings through Air India, he would not have been able to avail holiday package. The complainant did perform the journey as per planned schedule with Air India. It is more than one and a half months now after the complainant obtained the cancellation acknowledgment from Kingfisher airlines, he has not got the refund, though he was promised refund in 7 days, the complainant has not heard anything from Kingfisher about this. The grievance of the complainant is that, no official communication to confirmed ticket holders about the chaotic atmosphere prevailing at that time due to mass cancellation of their flights, and no answer for calls from confirmed ticket holders etc. So he has come up with the present complaint praying to refund total sum of Rs.24,434=00 and to pay Rs.1.5 lakhs or Rs.1,000=00 per tickets per each day of delay in making the payment, reckoned from the date the cancellation request was acknowledged by the airlines, which ever is higher. Hence, the present complaint is filed.

          3. After filing of the complaint, notice was issued to OP, and OP has appeared through its counsel and filed objection contending interalia as under.

          The complaint of the complainant is false, frivolous and vexatious and it is not maintainable and it is liable to be dismissed. The grievance of the complainant arose only due to his conjectures and surmises that, the flight operated by the OP will be cancelled. The flight operated by was only re-scheduled. The OP is a reputed airlines and consumer satisfaction being one of its main mottos and it has provided for helpline service. The flight which the complainant had planned to travel on was not cancelled but delayed and that too partly, on account of weather conditions hence the OP demanded penalty for cancellation of the same. The averments of the complaint that the complainant alongwith the complainant and his wife and friends planned to make holiday package and accordingly wanted to make booking with the OP and the complainant had planned the holiday package from 26-2-2012 to 4-3-2012 is denied for want of knowledge. The OP cannot be made liable for cancellation of holiday plans which were not within the knowledge of the OP. The online cancellation is obtaining of many factors and it is unjust to blame the OP. The OP received an email dated 21-2-2012 for cancellation of ticket by complainant and as soon as the said email was received the acknowledgment to the same was sent. As soon as the OP receives a grievance mail from its consumers an ID is raised and sent to the personnel in charge. In the present case immediate grievance mail was received, the OP responded and raised ID-488595. The OP did not feel the need to take any immediate action, since the flight which the complainant was purported to travel on, was on schedule and the flight was not cancelled as assumed by the complainant, even if the flights were being cancelled on 20-2-2012 and 21-2-2012, there was no reason for the complainant to assume that his flight which was schedule to depart on 26-2-2012 is also to be cancelled. The OP has received email for cancellation and the OP has not denied the refund and is in the process of refunding the amount to the complainant. The averment of the complaint that the OP is not entitled to demand penalty is extremely unjust. The charge of penalty for cancellation of tickets is advertisement on the website. The complainant was well aware of this condition. The tickets were cancelled by the complainant on 24-2-2012 voluntarily and at that time there was no change in schedule of the flight which the complainant purported to travel on. So the complainant was asked to pay the applicable cancellation fee of INR 1500 per guest as per fare rule. There was no cancellation of the flight which the complainant purported to travel on never asked the complainant to make alternative ticket through other airlines. It was the complainant who based on his own assumptions, unwarranted fear and lack of trust on the trust on the OP went ahead and made bookings. So it is unjustified to make the OP liable for the same. IT-3633 of 26-2-2012 for Chennai to Port Blair was cancelled on 25-2-2012 at 23.29 hrs due to operational reasons and technical difficulty. However this flight was rescheduled on 27-2-2012 to accommodate stranded guest of 26-2-2012. The same was informed to the complainant on his mobile. The complainant’s refund is being processed. The alleged grievances of the complainants are all imagined and are denied in entirely. Hence it is prayed to dismiss the complaint of the complainant with exemplary cost, in the interest of justice and equity.        

4. So from the averments of the complaint of the complainant and objection of the OP, the following points arise for our consideration.

1.                           Whether the complainant proves that, the cancellation was as a result of the prevailing chaotic situation for which the airline is responsible, and the OP did cancel the flight later without any notice to the passengers and there is deficiency of service on the part of the OP?

2.                           If point no.1 is answered in the affirmative, what relief, the complainant is entitled to?

3.                           What order?

5. Our findings on the above points are;

          Point no.1:  In the Negative

Point no.2:  In view of the negative findings on the

Point no.1, the complainant is not entitled 

to any relief as prayed in the complaint

          Point no.3:  For the following order

REASONS

          6. So as to prove the case, the complainant has filed his affidavit by way of evidence and produced nine documents as exhibit-A to I alongwith complaint, and also he produced nine documents at the time of arguments. On the other hand, one Vivek Raizada, General Manager-Legal working in the OP Company has filed his affidavit by way of evidence and produced no documents. We have heard the arguments of both sides, and we have gone through the oral and documentary evidence of both parties scrupulously.    

7. One M.N.Sridhara, who being the complainant has stated in his affidavit filed by way of evidence that, he booked the tickets for travel on 26-2-2012 as early as 23-12-2011 being holiday package, he would not have any doubts about the OP operating their flight IT 3633 on 26-2-2011 from Chennai to Port Blair. There were innumerable media reports about cancellation of so many flights by OP for the reason attributable to their own mismanagement. Numbers of attempts were made by him to ascertain facts by calling helpline number of OP. The responses for all routes to the dialed destination are busy at the moment. The responses used to be sorry this sub service number i.e. 1800 266 9000 does not exist. No communication was made by OP to inform facts about correct operational status to him and clear his apprehensions that the flight operated by the OP was only rescheduled is false, he got SMS from OP that on 26-2-2012 MR flight IT 3633 is cancelled for real time status updated and schedule timings long on to WWW.FLYKINGFISHER.COM on 26-2-2012 at 12:40:24 AM. Since this cancellation is as a result of chaotic condition existing because of Kingfisher’s own making, it is illogical to charge cancellation charges, so make the full refund and confirm, when he had got the tickets cancelled at OP’s counter at Bangalore Airport, the executive conveyed to him that the amounts would be refunded within a week. He booked tickets for their journey on 26-2-2012 from Chennai to Port Blair and for their back journey on 4-3-2012 from Port Blair to Chennai with Indian Airlines by paying a total Rs.29,158=00. He reiterate that the grievances alleged by him are not imagined but real, the OP is negligent in not sending official communication to confirmed ticket holders about the chaotic atmosphere prevailing at that time due to mass cancellation of OP’s flights, and no response to emails addressed to airlines executive except one which came after almost four months. Illogically imposing cancellation penalty of Rs.1500=00 per ticket, and not refunding any money till 20-4-2012, though he had obtained the cancellation vouchers from the OP at Bangalore Airport on 24-2-2012, and higher costs were incurred by him because of OP’s mismanagement to buy the tickets, and time and efforts were consumed to make alternate arrangement of reservations due to mismanagement of operations by the OP. So he prayed to dismiss the version of the OP and to impose exemplary costs on the OP and grant to him relief and dismiss the complaint.

8. By careful reading of the averments of complaint and evidence of complainant as mentioned above, it is made manifest that, the complainant has tendered his evidence in conformity with the averments of complaint. Let us have a cursory glance at the relevant documents of the complainant, so as to know whether the oral evidence of the complainant is supported any documentary evidence or not. Document no.1 of the complainant’s list produced alongwith the complaint is Air ticket of OP issued in the name of complainant and his wife dated 23-12-2011, and departure date was 26-2-2012 from Chennai to Port Blair and back to Chennai from Port Blair on 4-3-2012 by flight no.IT3633 of OP and total cost was Rs.24,434=00. Document no.2 being exhibit-B produced by the complainant is email letter of complainant dated 21-2-2012 issued to OP stating that, due to uncertainty about the Kingfishers Airlines’s flights, he has re-planned their trip by Air India now and requested to cancel the flights ticket booked and refund the money to credit card account and it is illogical to charge cancellation charges, so make the full refund of ticket charges and confirm. Document no.3 is email letter of OP dated 24-2-2012 stating that they received email letter of complainant dated 21-2-2012 and his message has been assigned an ID 488595 and he will receive a response shortly and in that letter message of cancellation of ticket of the complainant is found. Document no.4 is copy of letter of the complainant dated 22-2-2012 addressed to OP praying to cancel tickets booked on 23-12-2011 and credit the entire tickets charges without deducting any cancellation charges. Next two documents of complainant are email letters of complainant dated 22-2-2012 and 23-2-2012 addressed to OP praying to refund tickets charge without any cancellation penalty charges as he has cancelled the booked tickets due to chaotic conditions of the OP. Document no.7 and 8 are the tickets cancellation reference sent by complainant praying to refund full ticket charges by cancelling penalty charges. Document no.9 is the copy of Air India invoice dated 21-2-2012 issued in the name of the complainant and his wife for a sum of Rs.29,158=00 to go to Port Blair from Chennai and back on 26-2-2012 and 4-3-2012 respectively. Document no.10 is the copy of DD drawn in the name of this forum for Rs.200=00 paid towards court fee of the present complaint. The complainant has produced four copies of generated news items published against the OP dated 18-2-2012, 20-2-2012 and 20-2-2012 in different news papers, and these copies of news items go to show that, the OP Airlines faced financial problems and due to that many flights of OP have been cancelled. The complainant has produced one more generated copy of news item published in different news papers dated 9-8-2012. Next document is the copy of email sent to the complainant by OP cancelling the flight IT 3633 on 26-2-2012 and instructed logon for reschedule timings. Document no.8 of the complainant’s second list is master credit card statement of HDFC bank of the complainant, wherein it is written with ink pen by putting star mark by the complainant that, whatever paid online on 23-12-2011 has been refunded to the account on 21-4-2012 by deducting cancellation penalty of Rs.3,000=00. Last document of the complainant’s second list is the copy of detail calculation for compensation of the complainant.

9. By making careful scrutiny of the documents of complainant as mentioned above, it is made explicitly clear that, by seeing some of the news items published as against the OP in different news papers, the complainant who booked Air tickets of OP to go to Port Blair from Chennai and back on 26-2-2012 and 4-3-2012 respectively by paying total a sum of Rs.24,434=00 has been cancelled by the complainant himself by sending email letter to the OP on 21-2-2012 and requested to refund the entire tickets charges and booked Air tickets of Air India by paying a sum of Rs.29,158=00 and went to Post Blair from Chennai and returned back after enjoying tour package as planned by complainant. It is an admitted facts between the parties that, till 26-2-2012 the OP has not cancelled the flight IT 3633, and it is only on 26-2-2012 the OP has sent a message to the complainant for having cancelled the flight no.3633 and instructed to logon www.flykingfisher.com to know the real time, flight status put to date and schedule timings, and by that time, the complainant had already cancelled the flight tickets booked with the OP. The main contention of the complainant both in the complaint and during the course of his evidence is that, news papers and electronic media were full of report about mass cancellation of Kingfisher flights from 18-2-2012 onwards, and so looking to the said chaotic conditions, he took decision to cancel the Air tickets booked with the OP. In order to show that, news papers and electronic media were full of report as against the OP, the complainant has produced the only copies of news items of computer generated statements, but not the news papers, as such to show the news items published against the OP.  Unless and until, the complainant has produced news papers to show the news items published against the OP it is not justifiable to place reliance on the copies of news items of computer generated statements produced by the complainant. If the OP had cancelled the flights of the complainant before 26-2-2012, the complainant would have been justified in making an allegation against the OP. Since the cancellation of Air tickets booked with the OP is a decision of the complainant himself. So, no sort of allegation can be made against the OP basing on the news papers and electronic media. Whatever stand taken by the complainant by cancellation of Air tickets of the OP on 21-2-2012 is based on his assumption and presumption. It is no doubt true that, on 26-2-2012 the OP has cancelled the flight of the complainant and informed the same to the complainant, but the said flight has been rescheduled on subsequent date, that is on 27-2-2012 by informing the same to the complainant through SMS. The bank statement account of the complainant produced by the complainant, makes it is clear that, the OP has already refunded the air tickets charges in view of cancellation of tickets by the complainant. As per the terms and condition of the OP, an amount of Rs.3,000=00 has been deducted as a penalty and refunded the balance of Rs.21,434=00. But it is required to be noted from the complaint and evidence of the complainant that, no where the complainant has stated that, the OP has refunded an amount of Rs.21,431=00 towards full of tickets by deducting penalty amount of Rs.3,000=00. The entire complaint and evidence of the complainant are silent on this vital aspect, for the reasons best known to the complainant. The fact of refund a sum of Rs.21,434=00 has been disclosed only in the credit card statement of complainant. In fact, the complainant has hided the fact of refund of value of the tickets by OP particularly. When the complainant has chosen not to avail any service of the OP by cancelling Air tickets booked with the OP before 26-2-2012, the OP cannot be blamed for deficiency of service. So also the OP cannot be made liable for alternative booking of complainant i.e. tickets from Air India. Since, alternative booking was made by the complainant himself before 26-2-2012 out of his own volition. The oral evidence of the complainant in relation to cancellation of tickets by him was due to prevailing chaotic situation of OP and cancellation of tickets by OP without any notice to the passengers is not countenanced by any believable documentary evidence. On the other hand, the OP has stated both in the version and evidence that, the complainant himself cancelled the tickets booked by him and as per the cancellation letter of the complainant, they have refunded the value of the tickets by deducting penalty of Rs.3,000=00 as per the terms and conditions and they are not negligent in attending an email of the complainant, and there is no deficiency of service on their part. The complainant has come to the forum with a false complaint. So taking into consideration, the oral and documentary evidence of the complainant and compare the same with the material evidence of the OP, it is made unambiguously clear that, the complainant who knocks the doors of the forum seeking relief, has not approached the forum with clean hand, and he has failed to prove this point by placing clear cogent and consistent material evidence. On the other hand, the OP has taken clear tangible defence that, there is no negligence or deficiency in service on their part. So, they are not liable to pay any amount to the complainant as prayed in the complaint, and they have already refunded the tickets value to the complainant by deducting the some nominal amount as a penalty, as per the terms and conditions. The material evidence of the OP is more believable trustworthy and acted upon than the oral documentary evidence of the complainant, and as such, we are of the considered opinion that, the complainant has failed to prove this point satisfactorily and accordingly we answer this point in a negative.

          10. In view of the negative findings on the point no.1, the complainant is not entitled to any relief as prayed in the complaint. So, we answer this point in a negative. In the result, for the foregoing reasons, we proceed to pass the following order.

ORDER

          The complaint of the complainant is hereby dismissed. So, under the circumstance, both parties shall bear their own cost.

          Supply free copy of this order to both parties.  

          Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 10^th day of October 2012.

MEMBER                 MEMBER                 PRESIDENT