DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 1st day of December, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, President (I/C)<br /> Mrs.K.P.Suma, Member<br /> <br /> C.C.No.112/2006<br /> <br /> G.Ramesh Babu,<br /> S/o.Gangadharan,<br /> Infomatic Solutions,<br /> 16/63(19), Binshi Building,<br /> Kalmandapam, Palakkad. - Complainant <br /> <br /> Vs<br /> <br /> 1.The Manager,<br /> Akbar Travels & India Pvt. Ltd.,<br /> Anugraha Shopping Complex,<br /> H.P.O.Road,<br /> Sulthanpet, Palakkad.<br /> <br /> 2.The Director,<br /> Go Airlines India (P) Ltd.,<br /> Paper Box House,<br /> Off. Mahakali Gaves Road,<br /> Andheri East, Mumbai – 400093. - Opposite parties <br /> <br /> O R D E R<br /> <br /> By Mrs.K.P.Suma, Member <br /> <br /> <br /> Facts of the complaint is as follows:<br /> <br /> On 05-01-2006, the complainant had booked 4 tickets to proceed to Mumbai on 11-01-2006 and return for 4 tickets on 13-01-06 from Coimbatore to Mumbai and Mumbai to Coimbatore respectively of Go Airlines, 2nd opposite party, through 1st opposite party at Palakkad for attending Dealer Meet at <br /> <br /> Mumbai and made payment of Rs.15,680/- and Rs.9,360/- through his HDFC credit card. Complainant submits that due to reasons beyond control, the proposed meet was canceled and intimated to the complainant on 09-01-06. Immediately the complainant contacted the 1st opposite party to cancel the tickets and requested for the refund of the amount. Complainant submits that he was shocked to hear that Rs.500/- will be debited and the balance amount can only be credited and used towards future travel within 6 months. He further submits that the he had booked the tickets for his colleagues towards Mumbai only for the purpose of attending the Dealer meet at Mumbai. He avers that when the payment was made to 1st opposite party a E ticket was issued after crediting the complainant's payment. He avers that the complainant or his colleagues cannot be mandatorily asked to travel to Mumbai without any purpose. Complainant states that no other Airlines have such a clause of forcing the passenger to travel within six months without any basis and they have taken Rs.500/- per head towards cancellation charge also which amounting to Rs.3,500/-. He said the cancellation of the trip was made only due to the cancellation of the Dealers' Meet at Mumbai. A sum of Rs.200/- was also paid to the 1st opposite party towards reconfirmation A/c.<br /> <br /> Complainant alleges that a sum of Rs.21,540/- is unauthorisedly with held by the 2nd opposite party and it amounts to clear deficiency in service and unfair trade practice and several requests of the complainant for refund went to deaf ears. Further the complainant alleges that 2nd opposite party has absolutely no basis to withhold the above stated amount and raise a rule that the amount has to be used for future travel within six months is also amounts to deficiency in service and unfair trade practice.<br /> <br /> Hence the complainant filed this complaint seeking an order directing <br /> <br /> the opposite parties<br /> a) to direct the 2nd opposite party to refund the amount of Rs.21,540/- collected from the complainant,<br /> b) to direct the 1st opposite party to refund Rs.200/- collected towards reconfirmation account.<br /> c) to pay a sum of Rs.25,000/- towards compensation for mental agony and loss suffered by him and Rs.5,000/- towards the costs of this proceedings.<br /> <br /> Complaint was admitted and notice was served to the opposite parties for their appearance. Opposite parties entered appearance and filed their version. <br /> <br /> 1st opposite party filed their version denying all the allegations except the facts which are specifically admitted. This opposite party contented that this complaint is not maintainable and the complainant is not entitled to get any relief as claimed for and the complainant is not a consumer as defined under the provisions of the Consumer Protection Act. The allegation of the complainant that he has availed the service of this opposite party is incorrect and hence denied. Opposite party avers that under the above circumstance the complaint is liable to be dismissed as it is not maintainable. Further this opposite party denied the allegation of complainant that he has booked the tickets of 'Go Airlines' through this opposite party. Moreover he has booked the tickets by himself through his HDFC credit card.<br /> <br /> This opposite party further submits that the complainant made payment of Rs.15,680/- for Air Ticket from CBE to Mumbai and also the payment of return ticket amount of Rs.9,360/- was made through his HDFC credit card and this opposite party is in no way responsible for the booking of this tickets as <br /> <br /> well as refunding the tickets. This opposite party is unnecessarily dragged in to <br /> this case. Moreover, the allegation that this opposite party was paid Rs.200/- for reconfirmation a/c of Go Airlines tickets is incorrect and hence denied and as per the receipt produced by the complainant there is no proof that the reconfirmation A/c was for the tickets of Go Airlines.<br /> <br /> 1st opposite party contends that they had started the agency of “Go Airlines” from 06-02-06 only. It is incorrect that this opposite party has reconfirmed the ticket for “Go Airlines” 0n 05-01-06 since this opposite party has no agency of the 2nd opposite party at that point of time. Since the this opposite party is not connected with the booking of tickets of “Go Airlines” this complaint is not maintainable and the complainant has no locus standi to file this complaint before this forum. Further 1st opposite party avers that the allegation of the complainant that several request was made to this opposite party for refunding the ticket amount is incorrect and hence denied. There is no consideration between the complainant and 1st opposite party. Hence the complainant is not a consumer as defined under Consumer Protection Act and the complainant is not entitled to get any relief as prayed for.<br /> <br /> Hence this opposite party prayed to accept their contention and dismiss the complaint with costs.<br /> <br /> 2nd opposite party contented that this complaint is not maintainable and the complainant is not entitled to get any relief as prayed for. This opposite party admitted that the complainant had booked ticket with this opposite party and had also paid the ticket fare but the rest of the allegations and averments leveled against this opposite party are absolutely false and baseless. Further this opposite party contended that allegation of the complainant that he was <br /> <br /> shocked to hear that no refund is possible and Rs.500/- per person will be <br /> debited and that the balance amount can only be credited and used towards future travel within 6 months and that there was no possibility for the complainant to know about fare rules and that it amounts to unfair trade practice and this opposite party has unauthorisedly withheld an amount of Rs.21,540/- it amount to clear deficiency of service are all absolutely incorrect. <br /> <br /> They averred that they are providing economic traveling by Air by charging low rate of tariff comparing to other Airlines. While Indian Airlines was charging an amount of Rs.9,500/- as ticket fare for the journey mentioned in the complaint this opposite party was only charging an amount of Rs.2,500/- to Rs.3,000/- during the relevant time. This is almost one third of the normal ticket fare and it was permitted as any time tariff. Opposite party submits that since the ticket fare charged was very low they could not afford to have a cancellation of ticket by refunding the ticket fare. The terms and conditions of this opposite party clearly lays down that as the company offers traveling on low fares, once a customer's booking is confirmed and paid for and the ticket is issued, the amount paid is non refundable. It is also clearly laid down that cancellations to bookings may be made up to two (2) hours prior to the scheduled departure time for a fee of Rs.600/- per person, per segment, per event. The balance of the original booking amount will be retained in a credit shell for a period of 6 months where the passenger may use it as payment towards future travel, after which the credit note will be forfeited. Further it is also clearly laid down in the citizen's charter that no refunds will be given once reservations are confirmed and booked on Go Air flights. It is also clearly shown in the overleaf of the tickets. They further averred that any person who is buying ticket from this opposite party is buying it after accepting its terms <br /> <br /> and conditions. This complainant also bought the tickets after accepting the <br /> above terms and conditions and with full knowledge that refund of ticket fare is not possible. Hence it is only absurd and false to content that he was chocked to hear that there was no possibility for the complainant to know about the fare rules of this opposite party. Moreover all rules regarding cancellation of tickets are made available in the web site of this opposite party.<br /> <br /> 2nd opposite party further stated that they have only acted as per its rules and terms and conditions and no way it amounts to unfair trade practice. The ticket fare withheld only as per the terms and condition of this opposite party and they are legally entitled to withhold the fare as per its terms and conditions. There is no deficiency of service on the part of this opposite party as alleged in the complaint. Further they averred that the complainant is not entitled to get refund of any amount of Rs.21,540/- or any other amount from this opposite party. There is no base in claiming an amount of RS.25,000/- as compensation. <br /> <br /> 2nd opposite party submits that the complainant has filed this complaint fully knowing that he is not entitled to get any amount refunded and the complainant has filed this complaint only on an experimental basis to harass this opposite party and put this opposite party in difficulty. Hence this opposite party prays to accept their contentions of this opposite party and to dismiss the complaint with compensatory costs as this opposite party is unnecessarily dragged into the forum.<br /> <br /> Complainant filed proof affidavit and documents Exbts A1 to A6 was marked from the side of the complainant. Opposite parties filed affidavit and <br /> <br /> Ext B1 to B2 were marked from the side of opposite party . Evidence was closed and matter heard. We have perused all the relevant documents produced before the forum.<br /> <br /> It is obvious from Exbts A1 to A4 that the complainant has received E ticket from the opposite party 2 through opposite party 1 for the air travel to Mumbai from Coimbatore. But we have noticed from Ext A6 that an E-mail was issued by opposite party 2 regarding reconfirmation of the 3 return ticket from Mumbai to Coimbatore. The allegation of the complainant is that, he is entitled for the refund of ticket charges already paid after deducting a sum of Rs.3,500/- towards cancellation charges as they had canceled their travel due to unavoidable circumstance. According to complainant he was unaware of the fare rules at the time of booking the air tickets at opposite party 1 office. <br /> <br /> The contention of the opposite party 2 is that they are legally entitled to withhold the ticket fare as per its terms and conditions marked as Exbt B1. We are not in a position to accept the allegation of the complainant that the E-ticket did not contain fare rules. But it is evident from Exbt A1 to A4 ( E Ticket) that ticket fare paid is non-refundable. When cancellation or changes are made by the customers, it is very clear from Ext A5 that the opposite party 1 has collected only the service charges of Rs.200/- from the ground to attribute deficiency of service on the part of opposite party.<br /> <br /> We are of the view that opposite party s had not adopted unfair trade practice by withholding the amount collected from the complainant towards ticket charges as per their terms and conditions.<br /> <br /> In the afore mentioned circumstances we find no merit in this complaint. <br /> <br /> Hence the complaint is dismissed with no order as to costs.<br /> <br /> Pronounced in the open court on this the 1st day of December, 2007 <br /> <br /> President I/C (Sd)<br /> Member (Sd)<br /> Appendix<br /> Exhibits marked on the side of complainant <br /> Ext.A1 – Ticket issued to complainant <br /> Ext.A2 – Ticket issued to Sunil Radhakrishnan<br /> Ext.A3 – Ticket issued to Shameer.S<br /> Ext.A4 – Ticket issued to Kuriakose.M<br /> Ext.A5 – Receipt of reconfirmation issued by 1st opposite party <br /> Ext.A6 – E mail issued from 2nd opposite party regarding reconfirmation<br /> Exhibits marked on the side of opposite parties<br /> Ext.B1 – Extract of the terms and conditions<br /> Ext.B2 – Extract of the citizens charter<br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent