Hon’ble Mrs. Rumpa Mandal, Member.

The pith and substance of the case is that the Complainant Smt. Kanan Sen booked an airline Ticket through authorized agent of O.P. No.1 i.e  Pratima Xerox ( O.P. No.2) to airlift her ailing  husband deceased Tarun  Sen for her better treatment from Bagdogra  IX B  to Hyderabad HYD in O.P. No.1 flight i.e Air Asia India flight bearing no 15181 on 28.05.22 worth Rs.60,753/-. On 28^th May,2022,while the Complainant went to reach for availing the schedule flight along with her ailing husband ,  she was denied  boarding stated that the condition of her ailing husband was not good so the authorities did not allow her to board the  flight and afterwards  Complainant cancelled the said Journey.  Then husband of the complainant shifted her ailing husband to Cooch Behar  hospital for better treatment and then   to Anandaloke hospital in Siliguri. Finally, Complainant brought  her ailing  husband to Bamanhat  B.P.H.C Cooch Behar for his better treatment but unfortunately on 01.06.22 the Complaint’s   husband deceased Tarun Sen passed away due to cardiac  arrest. After death of the Complaint’s husband complainant contacted with the customer care executives of O.P. No.1 company i.e Air Asia India Ltd  through phone regarding cancellation of her airline ticket dated 28^th May 2022 of flight No.15-1781. Complainant after that followed all the procedures, rules and regulations as well as submitted relevant documents before the concerned authority i.e OPs for getting the cancellation amount of the said ticket but unfortunately, the Complainant is still now abstained from getting any co-operation from the end of the O.P.s .The executives of the O.P. No.1 stated that they have already sent the vouchers to the  account  of the complainant but no Co-operation has been received from the Complainant’s end. Due to non Co-operation & negligence of the OPs regarding refunding the cancellation charges of the said ticket  amounting  to Rs.60,753/- it tantamounts to deficiency in service as well as unfair trade practice on the part of the O.P.s. On 20.09.22 a legal notice Registered with  A/D was  sent to the O.P. NO.1 through Complainant’s Ld. Advocate but all are in vain. The cause of action arose on 28^th May, 2022 when the Complainant went to fetch  her flight with her ailing husband and the Complainant was denied boarding but when complainant followed  all  procedures, rules and regulation and submitted relevant  documents before the concerned authority for getting the cancellation charges and when she was abstained from  getting any Co-operation from the end of opposite parties and  on 20.09.22 she filed legal notice before O.P. No.1  through her Ld. Advocate for getting  cancellation charges and it is still containing. The Complainant prayed for an award to refund  the cancellation amount of the said ticket after deduction of cancellation charges vide ticked No 15-1781 dt.28^th May, 2022 of Rs.60,753/- and further directed to pay Rs.50,000/- as compensation for mental pain, agony and unnecessary harassment & Rs.50,000/- for deficiency in service and Rs. 15,000/- towards cost of proceeding.

As per order No. 4 dt. 06.03.2023 the case is decided to be heard exparte against O.P. No 1&2.

The complainant in order to establish claim adduced evidence by filing evidence on affidavit and documents before this Commission.

Perused the pleading of the Complainant and the documents in the case record. Heard the argument advanced by the Ld. Advocate for the Complainant . The statement made in the evidence on affidavit are absolutely in consonance  with the averments made in the Complaint petition.

The O.P. did not controvert the specific allegation of the Complainant since the O.P. decided not to contest the case and did not file any written version.

The Annexure A is the copy of Air Asia ticket where it clearly shows the fare of the ticket and time of departure of the flight from Bagdogra to Hyderabad. The fare of the total ticket amounting to Rs.60,753/- dt.28.05.22.

Annexure B is the death declaration of complainant’s  husband named Tarun Sen who expired on 01.06.22 issued by  Medical officer Bamanhat B.P.H.C Cooch Behar dt.0706.22.

Annexure C is the carbon copy of letter issued by Pradhan Kishamat Das Gram Panchayat, Dinhata II. Pradhan requested to the authorities/ OPs to return the ticket money of the three passengers dt. 30.06.22.

Annexure D is legal notice of his Advocate dt. 20.09.22 to the O.P. No.1 for getting the refund cancellation  charges.

The aforesaid document could not be controverted   by these OPs and its averment stands unchallenged.

Accordingly it  is well established that the Complainant availed to fetch the flight but O.P. No.1  did not allow to board the flight due to her ailing husband. So this is the liability of the OPs. Because of Complainant  booked the three air ticket but they could not avail their flight. So OPs should refund the cancellation charges of air ticket.

The allegation of the Complainant that the OPs adopted his deficiency in service as well as unfair trade practice. The Ops are dragging the matter and thereafter despite repeated requests by the complainant stands well proved in as much as the O.P. did not contest the case  or cross –examined against the evidence on affidavit.

In the light of the aforesaid discussion and observation made in the foregoing paragraphs a reasonable inference is drawn that the Complainant successfully proved the case as a consumer against the O.P. It stands also duly proved that the misdeeds on the part of the O.P. should be considered as deficiency in service which caused mental pain & agony to the Complainant.

Accordingly, the case succeeds exparte against these O.P.s.

Hence, it is

Ordered

That the CC/2/2023 be and the same is allowed exparte with cost of Rs.7,000/-.

The Complainant do get an award for direction to refund the cancellation amount of the said ticket after deduction of cancellation charges vide ticket No. 15-1781 dt.28^th May  2022 of Rs.60,753/-.  O.P.s are directed to pay sum of Rs.20,000/- for deficiency in service  and Rs.7,000/- towards cost of the proceedings total Rs.87,753/- within 30 (thirty) days from the  date of passing the Final order failing which the Complainant shall be entitled  to get interest @ 6% per annum on the awarded sum i/d the Complainant shall be entitled to take recourse of law.

D.A to note in the trial Register.

Let plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.

The copy of the Final Order is also available in the official Website www.confonet.nic.in.

Dictated and corrected by me.