BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 410/2013  Filed on 04/10/2013

ORDER DATED: 10/10/2022

ORDER

SMT. PREETHA G. NAIR: MEMBER

                        Complainant booked to and fro air ticket to Doha to Trivandrum from the opposite party’s office.  As it was on visiting visa the first complainant had to purchase to and fro ticket as per the rules.  Complainant, when reached Doha and extended the return ticket to 19/06/2012 and the complainant tried to grab a job at Doha.  Later complainant got an offer letter of employment from Doha and he cancelled the return ticket from Doha to Trivandrum.  Complainant was entitled for a refund of an amount of Rs.14,500/- and it was informed that refund shall be made from the office where the ticket was issued.  The complainant again after reaching Doha booked to and fro air tickets from Doha to Trivandrum and Trivandrum to Doha on 19/06/2012.  The return ticket from Trivandrum to Doha was booked due to the reason that he was offered a job at Doha.  So, the complainant wants to reach the native place immediately for his further arrangements and he booked the to and fro ticket.  Later complainant cancelled the ticket from Trivandrum to Doha due to the reason that the job was not okay and an amount of Rs.14,500/- was received from the Qatar Airways at Salwa branch Doha on 17/09/2012.  Trivandrum Doha return ticket was cancelled, immediately and amount of Rs.14,500/- was refunded from Doha Qatar office.  Complainant received the reimbursement of Rs.14,500/- on 07/04/2012 from Qatar Airways Salwa branch Doha against the fresh booking made at Doha.  Complainant, after reaching Trivandrum requested opposite party to refund the Doha Trivandrum the return ticket but reimbursement of that amount was not given to the complainant.  Complainant was entitled for an amount of Rs. 14,500/- he spent for purchasing the ticket from Doha to Trivandrum which was booked at the opposite party office at Trivandrum.  The act of the opposite party amounts to unfair trade practice and deficiency in service.  On several time complainant approached the opposite party for refund but all in vain.  A legal notice was issued on 16/08/2013 and a reply notice was received stating false contention.  Hence the complaint. 

            The opposite party admitted that the complainant had booked to and fro air ticket from Trivandrum to Doha and Doha to Trivandrum and subsequently he has cancelled the Doha to Trivandrum ticket on 12/04/2012.  But as per the request of the complainant the same was revalidated/ reissued over six times.  At last, on 20/09/2012 he has travelled from Doha to Trivandrum using that reissued ticket.  Hence, the complainant is not eligible for refund of Doha Trivandrum ticket.  Hence the complainant has no right to claim reimbursement.  The opposite party has finally rescheduled the ticket on 17/09/2012 for travelling Doha to Trivandrum on 20/09/2012.  The original ticket was reissued more than six times after initial cancellation on 12/04/2012.  Without disclosing the above fact, the complainant has approached this commission hence the complaint may be dismissed.

            Complainant was examined as PW1 and the complaint’s documents marked as Ext.P1 to P7 opposite party was examined as DW1 and no documentary evidence for opposite party. 

Issues to be considered are:

1. Whether there is any deficiency in service and unfair trade practice from the part of opposite parties?
2. Whether complainant entitled for relief?

            Complainants have booked to and fro ticket from Trivandrum Doha and Doha Trivandrum and he booked that ticket from the opposite party’s office at Trivandrum using that ticket, he travelled to Doha.  After reaching Doha he tried to reschedule, the return ticket 3 to 4 times, and also, he paid an extra amount to validate the ticket for six months.

            The complainant had produced all documents to prove that complainant has not used the return ticket from Doha to Trivandrum which was booked first on 12/04/2012.  The complainant was forced to purchase another ticket dated 17/09/2012 by paying QR1980, that is evident from Ext.P4.  Later cancelled the ticket from Doha to Trivandrum and requested for refund, opposite party has informed the complainant that since the ticket has been purchased from Trivandrum office that cancellation can be done only at Trivandrum office and that has been admitted by the opposite party in his deposition.  Opposite party failed to refund the amount of the ticket to complainant.  The documents produced by the complainant is clear that the complainant had taken another ticket to travel back to Trivandrum. 

                        We perused relevant documents on record.  As per Ext.P1 is the copy of Ticket showed that return date rebooked for 6^th May as one month visa.  Ext.P2, P3, P4 were copy of tickets.  Ext.P5 is the copy of legal notice sent to opposite party.  Ect.P6 is the reply notice sent by the opposite party.  The opposite party had not produced documentary evidence to disprove the case of complainant.  The ticket cancelled due to the reason that the job was not OK.  The opposite party had not produced evidence to prove that Ext.P2 ticket was rescheduled.  The complainant admitted that the return ticket was thereafter revalidated and reissued several times wherein the date of journey was postponed.  The opposite party had not produced the evidence to prove that on 20/09/2012, the complainant has travelled from Doha to Trivandrum by using the raised ticket of opposite party.  Hence we are unable to accept the contention of opposite party that the complainant is not eligible for refund of the ticket fare of Doha to Trivandrum. 

            In view of the above discussion we find that the act of the opposite party amounts to deficiency in service.

            In the result complaint allowed.  We direct the opposite party to refund Rs.14,500/- (Rupees Fourteen Thousand Five Hundred Only) as the ticket charge and pay Rs.10,000/- (Rupees Ten Thousand Only) as compensation for mental agony and Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as cost of the proceedings to the complainant, within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.  

                        A copy of this order as per the statutory requirements is forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 10^th day of October 2022.

C.C.No.410/2013

          APPENDIX

I           COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

                  NIL

                                                        Sd/-

PRESIDENT