Order No.  21  dt.  09/02/2017

                The fact of the case in brief is that the complainant booked tickets on internet on 17.05.2013 through o.p. to travel to Paris, Calgary, Victoria in order to perform in concerts. The o.ps booked their tickets through Seattle, which requires a US transit visa. But neither of the side of the o.p. nor the executive of the o.p. intimated the complainant that they would require a US transit visa. The o.p. enquired about the travel programme and health insurance of the complainant. But no intimation was given about the transit visa. Complainant lodged in his petition that if he would have been intimated about the transit visa he would have applied for it since he had ample time to apply for transit visa. At Bombay Air Port the complainant was stopped from boarding since the transit visa was not with them. The complainant tried to contact with the o.p. but no response came from their end. After convincing the officers of the Airlines, the   authority allowed the complainant to board since he was travelling to perform at the prestigious Theater De LA Ville. Since all the tickets were booked through Seattle, the complainant tried to contact with the o.p. to get the tickets  changed  but the complainant concern remained unanswered. Finally the brother of the complainant visited the branch office of o.p. situated in Kolkata  to cancel the ticket and for re-booking the tickets. But the brother of the complainant was informed by o.p. that the tickets could not be cancelled since the tickets were booked  online and  had to be cancelled online only. Then the complainant tried to cancel the tickets online but could not do so.

          Finally the complainant visited the office of the Airlines, Air France to cancel the ticket and this could not be done from their end too as the tickets were booked through a promotional offer. But this was also not informed to the complainant by the o.p.  Thereafter  the tickets from Victoria to Mumbai were cancelled but no refund was assured as the Airlines authority told the complainant that the refund would depend on the booking agent i.e. the o.p. of the instant case.  Complainant had to spend extra amount of 1640 Euros to book the new tickets for their journey.  When the complainant returned to India complainant contacted with o.p. and informed them about the harassment and mental agony which he faced and asked for a refund for the cancellation of the tickets but in vain.

          Then complainant  sent a letter on 17.05.2013 but no reply was received from the o.p. Hence the application praying for direction upon o.ps to refund the amount of cancelled tickets and additional 1640 Euros which the complainant had to spend along with compensation of Rs.50,000/- and litigation cost of Rs.1,000/-.

          O.p appeared before this Forum and contesting the case by filing written version. In their w/v o.p denied all material allegation inter alia stated that the complaint petition is not maintainable. The present complaint petition has been filed by the complainant on mere conjectures and surmises. The content of the complainant are misconceived , vexation, misleading,false and frivolous . There is no deficiency in service on the part of the o.p. and therefore no case can be made out against the o.p. under the C.P. Act, 1986.

          The present complaint is paid for mis-joinder of the Managing Director of o.p. company as the necessary party. Further complainant was required to accept the terms and conditions involved in the booking  apart from the specific term incorporated under  the website’s User Agreement. Therefore the complainant at no point of time can say that he had no knowledge of transit visa. It was sole discretion of the complainant to book the tickets for which sector he intensed to book. Moreover the complainant had not impeded   Air France as the necessary party.

          O.p. also mentioned the Force Majure Circumstances in their w/v.

          O.ps also mentioned in their w/v that the claim of the complainant regarding refund of the tickets, o.p. categorically checked with the concerned Airline but the same was denied as the tickets were non-refundable. Therefore o.p. was not  in a position to refund any amount to the complainant. As soon as the complainant made payment for the booking with o.p. on 17.05.2013, after deducting the booking fee entire cost of ticket was disbursed to the respective Airlines company. Therefore o.p. will not  be able to refund the amount in question if the same is not processed from the concerned Airline. Since the tickets were non-refundable the complainant is not entitled for any refund, compensation and cost. Hence o.ps prayed for dismissal of the case with cost.

Decision with reasons

          We have gone through the pleadings of the parties and materials on record evidence in particular. It is admitted fact that on 17.05.2013 complainant visited the web portal of o.p. i.e.

          When complainant came to Kolkata he contacted with o.p. for his grievance but his grievance remained unanswered.

          In their w/v o.ps stated  the Force Majure Circumstances. O.ps mentioned that there can be exceptional circumstances where the service operators like the Airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If MMT ( o.p.)is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported ad refunded by that respective service operators. The user agrees that MMT being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further  resolutions and refunds.

          In the instant case  there was no labour unrest as business exigencies or whatever is mentioned in the Force Majure Circumstances happened. Moreover  as per users agreement no scrap of paper shows that o.p. made its best offer to provide alternative arrangement to its customer or refund the booking amount after reasonable service charge.

          In para-8 of the w/v  o.ps stated that after deducting the booking fee the entire cost of ticket was further disbursed to the respective Airline companies. But no document has been annexed to that effect. O.ps never informed the same to the complainant that the complainant had to apply before the respective Airline companies. It was o.p’s duty  to refund the amount to the complainant after making communication with the respective Airline companies. But o.ps did not make any communication with the Airline companies for the grievance of the complainant. Complainant had to face tremendous problem in the foreign country due to absence of the transit visa. O.ps did not utter a single word that  for what reasons they did not respond the complainant’s calls from Mumbai Airport.. The plea taken by the o.ps that they would not be able to refund the amount in question if the same are not processed from the concerned  airlines. But o.ps did not contact with the  concerned airlines for the processing.

          In the facts and circumstances it is evident that the complainant suffered mental agony and did not get the proper service of the o.ps after paying a huge amount to them. Therefore we are in view that there is  deficiency in service on the part of the o,ps and as such complainant is entitled to get relief.

          As a result the complaint petition succeeds.

          Hence, ordered

          That the case no.687/2013 is allowed on contest with cost.

         The o.ps. are directed to refund  Rs.1,64,970/- to the complainant along with  compensation  of Rs.10,000/- and litigation cost of Rs.5,000/-. O.ps are also directed to pay the aforesaid amount within 30 days from the date of communication of this order i.d., an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

         Supply certified copy of this order to the parties free of cost.