Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date- 3rd May, 2014
This complaint is filed by consumer against the Airline Company for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is resident of Kharadi, Pune. Opponent is Airline Company. Its Branch Office is situated at Koregaon Park, Pune. On 28/8/2012 Complainant had booked 3 tickets (#0902473017066, #0902473017067 and #090247308692) with Opponents for traveling from Pune to Guwahati on 30/12/2012. Complainant has paid Rs.10,147/- for the said ticket. However, the tickets were got cancelled due to the internal problems of Opponents. Hence, Complainant had requested for refund of ticket fare. Opponents assured to refund ticket fare but failed to refund the same. Hence, complainant has filed present complaint for deficiency in service. He has asked refund of Rs.10,147/-, compensation on various counts i.e. legal charges, mental distress and agony and deficiency in service. The total claim of the complainant is Rs.40,147/-.
[2] Opponents have appeared through Advocate but failed to file say. Hence, complaint is proceed for hearing without written version.
[3] Complainant has filed affidavit in support of his claim as well as documentary evidence such as copy of tickets, copy of cancellation of tickets, correspondence between the parties etc. The evidence which is adduced by the complainant remained unchallenged and corroborated by documentary evidence as well as affidavit. Hence, this Forum is of the opinion that Opponents have caused deficiency in service. It is the considered opinion of this Forum that, complainant is entitled for refund of Rs.10,147/- i.e. ticket fare and compensation of Rs.10,000/- for mental and physical sufferings and cost of the litigation. Hence, following order is passed.
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that Opponents have caused deficiency in service by not refunding the airfare amount to the complainant.
3. Opponent Nos.1 and 2 are jointly and severally directed to pay in all amount of Rs.20,147/- [Rupees Twenty Thousand One Hundred and Forty Seven only] to the complainant within six weeks from the date of receipt of copy of order.
4. If Opponents fail to pay or deposit the amount within the stipulated period, it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
5. Complainant is directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 03/05/2014
