05-12-14 – The reasons for delay in disposal of this appeal can be seen from the ordersheet.

1.       This case was fixed for ex-parte hearing as nobody appeared on behalf of the Respondent/Complainant.  Accordingly, learned counsel for the appellant was heard on 17.11.2014 and the order was reserved.

2.       Mr. Vivek Kumar Singh learned counsel for the appellant prayed for condoning the delay of about 53 days in filing this appeal.

          On being satisfied with the grounds, the delay in filing this appeal is condoned.

3.       On merit, Mr. Singh submitted that the appellant is simply a travel agent and was not liable to refund the Air fare, if the flight was cancelled by the Airlines.  The Complainant should have approached the Airlines- O.P. 1/Respondent No. 2 for refund of fare as the fare was paid to the Airlines.  The appellant only gets some commission from the Airlines. 

4.       By the impugned order, learned Lower Forum has directed the appellant to pay Rs. 13,166/- + Rs. 2,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant with a liberty to realize the said amounts from the Airlines.

5.       Respondent No. 2- Manager, MDLR Airlines, Gurgaon/O.P. 1 neither appeared before the learned Lower Forum, nor before this Forum, inspite of service of notice.

6.       It appears that the complainant purchased Air ticket through the appellant on 20.10.2009 by paying Rs. 13,166/- from Ranchi to Delhi.  For departure from Ranchi to Delhi on 11.01.2010, when the complainant went from Dhanbad to Ranchi alongwith his family members, he found that the flight was cancelled without assigning any reason.   Therefore, he asked the appellant for refund of the said amount, which the appellant denied. 

7.       Admittedly, the appellant is a travel agent and gets some commission from the Airlines. He is an agent of the Airlines Company.  It was his duty to insure refund of full amount of fare, if the flight was cancelled by the Airlines Company.  Equally it was the duty of the Airlines Company to refund the full amount if the flight was cancelled.  There is nothing to show that the appellant made efforts to get refund of the said amount in favour of the complainant.  He can not escape his responsibility only by saying that he is simply a commission agent, and the fare was paid to the Airlines Company.  It appears that the Complainant also approached Airlines for refund of the full amount but there is nothing to show that the fare was refunded to the complainant. 

8.       In the facts and circumstances of this case, we are not inclined to interfere with the impugned order except modifying the operative portion as follows.  The appellant and R-2 are directed to pay jointly or severely Rs. 17,166/- being the full amount of the fare + Rs. 2,000/- as compensation + Rs. 2,000/- as litigation cost, within 60 days of passing of this order failing which, they will also be liable to pay simple interest on the said amount @ 9% p.a. from the date of this order, till the payment/realization.

With these observations and directions this appeal stands disposed off.

 Issue free copy of this order to all concerned for information and needful.

            Ranchi,    

Dated: 05.12.2014