By Sri.Ananthakrishnan. P. S, President:
This is a complaint filed under Section 35 of Consumer Protection Act 2019.
2. The Complainant’s case in brief is as follows:-
The Complainant contacted the Opposite Party on 12.04.2021 to book a flight ticket for her husband to travel from Calicut to Qatar. Since, Covid-19 guidelines were there for overseas travel, as advised by the Opposite Party, she had booked full package for an amount of Rs.70,000/- which includes flight ticket and quarantine facilities at Qatar. Thereafter, the Opposite Party sent quarantine hotel voucher and confirmed ticket to the Complainant through whatsapp on 15.04.2021 and 26.04.2021 respectively. But, when the Complainant’s husband reached at Airport, the airline authorities had not allowed him to check in for the reason that he did not possess re-entry permit to Qatar. The opposite party never told about the re-entry permit to the Complainant or to her husband. The re-entry permit was newly introduced by Qatar Government in connection with Covid-19. It is the duty of Opposite Party to explain in detail with regard to the necessary travel documents which are to be carried out during travel. The Opposite Party never told the Complainant or her husband about the introduction of entry permit. It was the responsibility of the Opposite Party to make sure that the passengers possess such document for travel. So due to the non-possession of re-entry permit, the husband of the Complainant was unable to travel to Qatar on that day. This was happened due to the negligence and deficiency of service on the part of Opposite Party. Thereby, Complainant lost Rs.70,000/-, hotel charge and Rs.10,000/- as incidental travel expense. When the Complainant contacted the Opposite Party, the Opposite Party admitted their failure in conveying the need of the entry pass and therefore, they offered discount and adjustment of earlier booking amount on next booking. Therefore, Complainant booked another ticket to Qatar for her husband. But the Opposite Party did not give discount or adjustment as agreed. When the husband of the Complainant reached Qatar, he compelled to pay 500 Qatar Riyal ie around Rs.10,000/- as fine for late joining in job. It is due to the negligence act of the Opposite Party alone. So also, it is due to the deficiency of service and unfair trade practice from the part of Opposite Party. These affected the Complainant and her husband both financially and mentally. Hence this Complainant to get Rs.70,000/- as the charge of ticket and hotel room, Rs.10,000/- as travel expenses and Rs.10,000/- as the fine remitted and Rs.50,000/- as compensation and Rs.20,000/- as cost of this Complainant.
3. The Opposite Party filed version which is in short as follows:-
They admitted that the Complainant contacted them to book a ticket to Qatar and hotel room there for her husband and they booked flight ticket and quarantine room. If, the husband of the Complainant failed to travel, it is his fault, not the fault of the Opposite Party. The Complainant approached the Opposite Party only for booking a flight ticket and hotel. The husband of the Complainant failed to go to Qatar for want of entry permit. Even though, Opposite Party has no duty to explain about the re-entry permit, they also explained the need of re-entry permit to the Complainant. It is to be arranged by the sponsor of the husband of the Complainant and he alone is entitled to get it from the sponsor. Since, the husband of the Complainant failed to go to Qatar, the Opposite Party tried to get refund from the hotel. But they disallowed the refund. They denied that they offered discount and adjustment if, the Complainant books the ticket again. Thus, there is no deficiency on service and unfair trade practice from the part of Opposite Party. Hence the Complainant is not entitled to get anything from the Opposite Party.
4. On the above contentions, the points raised for consideration are:-
1. Whether there is any deficiency of service and unfair trade
practice on the part of Opposite Parties?.
2. Reliefs and Costs.
5. The evidence in this case consists of oral testimony of PW1, OPW1 and OPW2, Ext.A1 to A3, Ext.B1 to B3 and MO1. Both sides heard.
6. Point No.1:- It is an admitted fact that Opposite Party booked flight ticket and quarantine room for the husband of the Complainant on her request. It is also an admitted fact that her husband could not go to Qatar for want of re-entry permit. The specific case of Complainant is that the Opposite Party did not explain the necessity of re-entry pass. The case of Opposite Party is that the Complainant had entrusted them only to book flight ticket and quarantine room and they are not responsible if, her husband failed to go to Qatar. According to them, they are not responsible to arrange re-entry pass to Complainant’s husband and it is to be given by the sponsor of the husband of the Complainant to him. According to them, even then they explained what is re-entry pass and if there is any obstruction in the journey, the Complainant’s husband alone is responsible.
7. To prove the case of the Complainant, she was examined as PW1. It is an admitted fact that the Complainant entrusted the Opposite Party only to book flight ticket and quarantine room. It is also an admitted fact that the Opposite Party is not responsible to get re-entry permit which is newly introduced during the period of covid-19 to re-enter to Qatar. The Complainant has no case that Opposite Party failed to arrange re-entry permit. According to her, Opposite Party not explained the necessity of the re-entry permit to them. OPW1 is the Manager of Opposite Party. OPW1 deposed that though, it is not the duty of Opposite Party to arrange re-entry permit, they explained the nature and necessity of the re entry permit to the Complainant through text message and voice message in the whatsapp of Complainant. Ext.B1 is the copy of text message. MO1 contains voice message. PW1 admitted that she contacted the Opposite Party only to book flight ticket and hotel room. But, she deposed that she is unable to remember whether she asked about re entry permit and whether OPW2 explained about re-entry permit. But PW1 admitted that re-entry permit is a permit which is to be obtained by her husband from the Qatar Government through his sponsor. She also admitted that third party will not get it. According to PW1, she entrusted the Opposite Party only to book flight ticket and quarantine hotel. Even then it is evident from Ext.B1 and MO1 that the Opposite Party explained the nature and necessity of re-entry permit. Therefore, it cannot be held that the Complainant or her husband had no knowledge about re-entry permit before going to airport. The Complainant alleged deficiency of service and unfair trade practice on the part of Opposite Party only because the journey of her husband has been extended for want of re-entry permit. According to her, the reason is that the Opposite Party failed to explain the nature and necessity of re-entry permit. But the materials here would go to show that the Opposite Party explained about the nature and necessity of re-entry permit prior to the journey of the husband of Complainant. Thus there is no deficiency in service from the Opposite Party. So the Complainant is not entitled to get any compensation and consequences reliefs from the Opposite Party. Thus Point No.1 is answered against the Complainant.
8. Point No.2: Since Point No.1 is found against the Complainant, she is not entitled to get any relief as prayed for.
In the result, the Complaint is dismissed, but without costs. MO1 shall be given to Opposite Party after the appeal period.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 18th day of November 2022.
Date of Filing:-06.08.2021.
PRESIDENT :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Vassila Farvin. Housewife.
Witness for the Opposite Party:-
OPW1. Nishad. E. P. Travel Agent.
OPW2. Abilal. P. S. Sales Executive.
Exhibits for the complainant:
A1. E-Ticket. Dt:14.04.2021.
A2. Hotel Booking Confirmation Letter.
A3. Copy of Letter. Dt:16.07.2021.
Exhibits for the Opposite Party:-
B1. Printout of Whatsapp Chat.
B2. Copy of E-mail. Dt:29.04.2021.
B3. Copy of Reply E-mail. Dt:30.04.2021.
MO1. CD.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
