DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.1140/2007
Sh. Jasbir Singh
S/o Sh. Manjit Singh
R/o 6/46-A, Punjabi Bagh (West),
New Delhi-110026 ……Complainant
Versus
1. Kingfisher Airlines Ltd.
Office at: Kingfisher House,
Off. Western Express Highway,
Vile Parle (East),
Mumbai-400099
2. Yatra On Line Pvt. Ltd.
Office at: B-21, Info City
Near Hero Honda Chowk
Sector-34, Gurgaon, Haryana. ……Opposite Party
Date of Institution : 24.10.07 Date of Order : 12.01.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Brief facts of the case as made out in the amended complaint are that the Complainant had booked 5 air-tickets (four adult and one child) from Delhi to Jammu on 24.08.07 through the OP No.2 for 07.09.07 and return ticket for 09.09.07. He had paid Rs.24,420/- through his credit card. Due to some family problem they could not go to Jammu on the date fixed. He requested OP No.2 vide his email dated 27.08.07 for cancellation of all five tickets. The OP No.2 replied that the total amount of Rs.7925/- will be refunded back after the cancellation of the tickets. He was shocked and surprised to know that the OP No.1 does not refund back the money if the passenger goes for cancellation. Instead of getting help from OP No.2 they gave only customer care number and washed their hands towards the liability of the Complainant. He again requested the OP No.2 to refund back the money, otherwise he will take legal action before the appropriate forum. In response to his email dated 28.09.07 to the OP No.2, he had received only Rs.9050/- which was received by him without prejudice to his right to take further action against the OPs available under the law. Pleading deficiency in service on the part of OPs, the Complainant has prayed as under:-
- Direct the OPs to immediately pay a sum of Rs.15,370/- being the amount of tickets booked for OP No.1 through OP No.2 alongwith interest @ 18% per annum from the date of institution of the complaint till the realization of the sum.
- Direct the OPs to pay a sum of Rs.70,000/- for inconvenience, mental agony & harassment undergone by the Complainant.
- Direct the OPs to pay Rs.5,500/- towards cost.
OP No.1 in the written statement has stated that the Complainant had booked the tickets through OP No.2 for onward journey by the OP No.1 Airlines and return journey by GoAir and the amount mentioned by the Complainant was also paid for both sets of the tickets. The GoAir has not been arrayed as OP and as such the complaint suffers from the severe defect. For the tickets booked for one way, the total amount paid by the Complainant was Rs.12495/- and he had booked the one side ticket from GoAir and the balance amount was paid to the said Airlines. The OP No.1 follows the uniform refund policy as applicable during the relevant time. The refund for cancelled tickets was made as per the policy applicable at the time of booking of tickets. If the Complainant wants to challenge the terms and conditions of the contract, then he can file a Civil Suit before the Civil Court only. The Complainant booked the tickets through booking agencies and hence he is entitled to collect the refund through the same agency. The tickets booked through agents or other agencies are governed by the terms and conditions of the agreement enforced with them and the refund has already been made to the passenger as per the prevailing policies. Hence, there is no deficiency in service on the part OP No.1. It is prayed that the complaint be dismissed.
OP No.2 in the written statement has stated that the present complaint is not maintainable against OP No.2 as OP No.2 as an agent of Air Deccan made valid booking of five valid tickets on 24.08.2007 from Delhi to Jammu for Air Deccan (Now Kingfisher). The said tickets were cancelled by the Complainant. The procedure of cancellation and quantum of refund was the sole decision of the Air Deccan as they are the Principal and OP No.2 is an agent. Hence, there exists no cause of action against the OP No.2. It is admitted that OP No.2 offered refund of Rs.7925/- in accordance with the mandate of OP No.1. OP No.2 has prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement of OP No.1.
Complainant has filed his own affidavit in evidence while affidavit of Sh. Abdul Hamid, Sr. Manager (Legal) has been filed in evidence on behalf of the OP No.1.
No affidavit in evidence has been filed on behalf of OP No.2.
Written arguments have been filed on behalf of the Complainant and OP No.1. We have gone through the record carefully. No oral arguments have been advanced on behalf of the parties despite opportunities given in this behalf.
It is not in dispute that the Complainant had booked five tickets from Delhi to Jammu and Jammu to Delhi through OP No.2. Due to some personal problem he had cancelled the tickets through OP No.2. The OP No.2 after cancellation charges offered to pay an amount of Rs.7925/- to the Complainant. The OP No.2 booked the tickets from Delhi to Jammu by OP No.1 and from Jammu to Delhi by GoAir. Undeniably, the total amount of fare for the five tickets from Delhi to Jammu was Rs.12495/-. Hence rest of the money (Rs.24420-Rs.12495 = Rs.11925) was paid to GoAir for air journey of 5 persons from Jammu to Delhi. GoAir has not been arrayed as a Co- Opposite Party. Hence, the complaint is bad for non-joinder of a necessary party.
Ultimately according to the Complainant himself OP No.2 had refunded Rs.9050/- to him in response to his mail dated 29.08.2007. The break up of the said amount has not been given. According to OP No.1, it has refunded only Rs.1125/- (225 X 5 = 1125) to the Complainant. The refund for cancellation of tickets was made as per the policy applicable at the time of booking of the ticket. However, the Complainant has put the entire blame on the OPs without impleading GoAir as a Party. Therefore, the complaint besides being vague also suffers from inherent defects.
Therefore, the Complainant has failed to prove any deficiency in service on the part of OPs. Accordingly, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 12.01.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
By D K Yadav
