IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

A & N ISLANDS AT PORT BLAIR

C.D Case No: 17 Of 2013

Shri Onkar Nath Rahoni……………………..Complainant.

-Vs-

                                                         1. The Proprietor, Kingfisher Airlines Ltd.

  2. The Station Manager/In-Charge Kingfisher Airlines Ltd.

                                               ……………..Opposite Parties.

Date of Judgement: - on 28^th Day of February, 2014.

AWARD

Briefly stated, the case of the Complainant is that he is working in Indian Navy, presently posted at Port Blair. On 07/09/2012 he purchased three air tickets (two adults and one child) for the members of his family from Kingfisher Airlines (O.P No-1) for to and fro journey for the destination “Port Blair-Chennai-Mumbai” and vice versa on 19/12/2012 and 02/01/2013 respectively. By booking directly from the website of O.P No-1 www.flykingfisher.com through his E-mail I.D onkarnathrahoni@yahoo.com which was also confirmed from the said website of O.P No-1 he paid Rs. 57,162/- in total for the three tickets to O.P No-2 through his credit card account.

 Subsequently, following some changes in the schedule of flight departure for which he had booked tickets which was not matching with the trip of his family members he had to opt for cancellation of the said flight tickets and got confirmation thereof from the ticket/information Airport counter of O.P No-1 on Veer Savarkar Airport, Port Blair on 26/10/2012, where he was given assurances from O.P No-1 that the amount of air fare paid by him would be refunded through online to his bank account. But after such cancellation of the tickets no refund has been made till date. He made several correspondences through his e-mail for the refund of the air fare but till now, no payment has been made by the O.P.s.

It is further stated that the Complainant is living along with his family at Port Blair but due to such non refund of the air fare by the O.P.s the complainant was unable to make any further trip to their native place for a considerable period. Not only that his credit history has been badly affected so far as his credit card account is concerned.

            Later, Complainant served legal notice on the O.P.s and ultimately, finding no other alternative he was compelled to file a petition of Complaint U/S 12 of the Consumer Protection Act, praying for compensation of Rs. 2, 72,162/- on different counts of ticket fare, mental agony, damages etc.

O.P.No-1 received the notice of this case but has not made appearance to contest this case while the notice on O.P.No-2 returned with the postal endorsement “office alleged closed”.

            Now the points for consideration are as follows:-

1. Is the case maintainable?
2. Has the Complainant a reasonable grievance against the O.P.s?
3. Is the Complainant entitled to get the award as prayed for?
4. To what other relief, if any, is the Complainant entitled?         

Decisions with findings:-

          All the four points are taken up together for consideration. Complainant Shri Onkar Nath Rahoni has examined himself as PW-1, he has also produced documents, namely, the e-tickets, copies of the correspondences made online with the O.P.s and reply thereof , legal notices issued to the O.P.s etc .(marked Exhibit-1 to 11).

Ld. Advocate for the Complainant has submitted during argument that his client had booked three air tickets for the members of his family for to and fro journey from Port Blair to Mumbai via Chennai from Kingfisher Airlines but subsequently, the tickets had to be cancelled due to the change in the flight schedule by Kingfisher Airlines but till date the O.P.s have not refunded the air fare to him and thus he has been harassed and made suffered mentally and financially. So he has prayed for an award of compensation in favour of his client from the O.P.s.

          The petition of Complaint and evidence of PW-1 have revealed that on 07/09/2012 he had booked three tickets vide (PNR): DQNJAG for the members of his family for to and fro journey from Port Blair-Chennai-Mumbai and vice versa from the website of Kingfisher Airlines (O.P.No-1) through his e-mail but following a change in the flight schedule by the O.P.s he had to cancel the flight tickets. The exhibited documents have revealed that numerous correspondences were made by him through online with the O.P.s for refund of the air fare and response is also found to have been made on the part of the O.P.s on a few occasions but without making any payment to him and since then i.e. 26/10/2012, the actual refund of the air fare to the Complainant remains a distant dream.

The documents filed on behalf of the Complainant along with the evidence produced in court are going to reasonably support his contentions against the O.P.s who are not coming to this forum to controvert his claims.

The conduct of the O.P.s and their in actions in not taking proper steps, not making of any refund of the air fare during this long period and their apparent systematic effort to drag the matter, presumably, for an indefinite period until the Complainant gets tired and ultimately, abandoned the matter to his fate are nothing but absolutely tantamount to unfair trade practices adopted on their part, thereby compelling him to seek redressal from this forum by way of filing of a petition of complaint U/S 12 of the Consumer Protection Act, which is found to be quite maintainable in law.

It is said that the Complainant paid Rs. 57,162/- for the price of the three air tickets. He has also prayed compensation for his mental agony, harassment damage and also on some other counts namely- cost for correspondences and the litigation.

On the entire facts and circumstances of this case and considering the immense mental agony, harassment, financial loss since the month of October 2012 after the cancellation of the air ticket this forum is of the view that an amount of Rs. 1, 00,000/- (one lakh rupees only) would be justified towards compensation in this case.

It is found in this case that O.P No-2 who is the Station Manager/In-Charge, Kingfisher Airlines Ltd., Veer Savarkar Airport, Port Blair, is not in existence now as the O.P No-1 has discontinued air services form Port Blair, as a result of which the envelope containing notices to O.P No-1 returned with the     postal endorsement “office alleged closed”. In such a situation, the O.P No.1 is required to be directed to pay the amount of compensation to the Complainant.

Court fees are correctly paid.

Hence it is,

Ordered

that the instant case be and the same is allowed. The Complainant is entitled to get compensation of Rs. 1, 00,000/- (one lakh rupees only) in this case. O.P No-1 is directed to pay the said amount of compensation to the Complainant within 30 (thirty) days from the date of passing of this order, failing which, the Complainant would be entitled to realize the same in accordance with law.

Further, in default of payment of the amount of compensation within the stipulated time the awarded amount shall carry interest @ 10 % per annum till payment of the entire amount of compensation.

Let a copy of this order be given to the Complainant free of cost.