SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OPs to pay  the  cost of cancelled flight ticket Rs.23,499/-  and Rs.37,104/-  being the cost of new  flight ticket and  Rs.10,000/- as cost of taxi charge along with Rs.50,000/-  as compensation for mental agony caused to the complainant for the  deficiency of service and unfair trade practice  on the part of OPs.

  The brief of the complaint :

       The complainant  had booked flight ticket under OPs 1&2 through 3^rd OP online travel company on 1/5/2023.  The  flight ticket was to travel the complainant, his wife Kavith.P and his mother Santha.K from Kannur to Mumbai on 9/5/2023 and from Mumbai to Kannur  on  13/5/2023.  The OP have issued confirmed ticket to him on 1/5/2023 with PNR No.OBLIQT from Kannur to Mumbai and PNR No.F4EDSY from Mumbai to Kannur respectively.  The trip was planned by him to attend the house warming ceremony of the  complainant’s mother’s sisters daughter at Mumbai.  The complainant’s mother had crossed the age of 79 years and she is suffering knee pain and allied problems much difficulty in walking and also she is suffering sight problem also.  So he had preferred wheel chair assistance also at the time of booking.  But on 3/5/2023 at 11.14 P.M the complainant got an E-mail from 1^st OP stating that (OBLIQT) 9/5/23, (GB-368) Kannur(CNN) –Mumbai(BOM) is cancelled due to operational reasons etc.  On 8/5/23 at 6.31 p.m got another E-mail from 1^st OP stating that the booking ref(F4EDSY) 13//5/2023,(G8335) Mumbai(BOM) Kannur (CNN) is cancelled due to operational reasons.  Then the complainant had requested 1^st OP to provide alternative arrangements to fulfill his journey.  But OPs 1&2 not provide the facility.  The OPs are not refund the flight ticket charge also. Due to the change of flight from Kannur Airport to Calicut Airport they constrained to travel more than 150 Kms by road and incurred Rs.10,000/- as taxi charge.  Moreover the complainant had sustained a loss of Rs.23,499/- being the cost of cancelled flight ticket and Rs.37,104/- being the cost of new flight ticket also.  Thereafter on 8/12/2023 the complainant send a registered lawyer notice to OPs to pay Rs.120603/- to  the complainant.  But after receiving the notice they neither send a reply nor pay the demanded amount. The act of  OPs the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

   After filing this complaint notice issued to all OPs. 3^rd Op received notice and not  appeared before the commission and not filed version . The steps taken against OPs 1&2 are substituted service and  the paper publication also produced.  Then OPs 1 to 3 are called absent and no version filed before the commission. As such this case came to be proceed against the  OPs 1 to 3  are  set  exparte.

     Even though the OPs have remained ex-parte, it is for the complainant to establish the allegations made by them against the OPs.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents.   Accordingly the  complainant has chosen to produce  his affidavit along with 4 documents marking them as Exts.A1 to A4(series).  The complainant was examined as PW1.  So the OPs have remained absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents of the complainant.  Ext.A1(series) is the  copy of air tickets and the amount paid to OPs as Rs.23,499/-. Ext.A2 is the copy of  registered lawyer notice dtd.7/12/2023.  As per the lawyer notice the complainant demanded the cost of cancelled flight ticket for Rs.23,499/- and the cost of new flight ticket Rs.37,140/-.  He also demanded the taxi charge of Rs.10,000/- along with Rs.50,000/- as the compensation for mental agony caused to the complainant. Ext.A3(series) is the postal receipts and  Ext.A4(series) is the return notice of OPs( 3 in Nos).  But after receiving the  notice the OPs are neither send a reply nor paid the amount to the complainant.  Moreover the OPs  not proved their defense also.   Under this circumstances we are of the considered view that there is deficiency of service and unfair trade practice against the OPs. The OPs 1 to 3 are jointly and severally liable to refund Rs.23,499/- as the  flight  cancellation charge, Rs.10,000/- as taxi charge along with Rs.10,000/- as compensation for mental agony caused to the  complainant and  Rs.5000/- as litigation cost

           In the result, the complaint is allowed in part directing  the OPs 1 to 3 are jointly and severally liable to refund  Rs.23,499/- being the cost of  flight  cancellation , Rs.10,000/- as taxi charge to the complainant along with Rs.10,000/- as compensation for mental agony caused to the  complainant and  Rs.5000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.33,499/-(Rs.23,499+Rs.10,000/- taxi charge) carries interest@ 12% per annum  from the date of order till realization. Failing which, the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1- Copy of flight ticket(2 in Nos)

A2-copy of lawyer notice

A3- postal receipts

A4-return notice of  OPs( 3 in Nos)

PW1-Ajith.G.P- complainant.

Sd/                                                   Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR