Present :       Sri. C.T. Sabu, President

                                                            Smt. Sreeja. S., Member

                                                            Sri. Ram Mohan R, Member

30^th day of November 2022

CC 22/19  filed on 11/01/19

Complainant            :           Shine Puliparambil, S/o Pushpan, Puliparambil House,

                                                Thrithallur West, Thrissur- 680 619.

                                                (By Adv. P.V.Shine, Thrissur)

Opposite Party        :           Air Asia (India) Limited, Rep.by Santhosh Chand,

                                                Head Customer Experience, Ground Floor, Alpha 3,

                                                Kempegowda International Airport, Devanahalli,

                                                Bengaluru, Karnataka- 560 300.

                                                (Ex-parte)    

O R D E R

By Smt. Sreeja S. Member:

1) The petitioner booked 2 air tickets with opposite party for his journey from Kochi to Banglore on 08/07/18 for Rs.2996/-. Due to floods, the airport closed and so complainant could not travel on that day. The request to return the ticket money was also not attended by the opposite party. At last they paid only Rs.440/- along with a confirmation letter. Since the complainant did not travel on the day, the opposite party has to return the entire money paid to them. The failure to pay back the entire money amounts to deficiency of service and same caused high mental agony and loss to the complainant. Hence this complaint filed.

            2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.

            3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Exts. P1 to P3.     Ext. P1 is the copy of flight details, Air Asia (India) Ltd; Ext.P2 is the copy payment details dated 08/07/18 and  Ext.P3 is the confirmation of the flight cancellation dated 20/11/18.

            4) We have gone through the pleadings and documents produced by the complainant. Ext.P1 to P3 marked. Ext.P2 proves the payment. Ext.P3 show that the complainant received only Rs.440/- and Ext.P1 also substantiate the case of the complainant. Since there is no contra evidence available before us, we are inclined to allow this complaint. Complainant also establish his mental agony and loss which is to be compensated.

            In the result complaint is allowed and hereby direct the opposite party to pay Rs.2996/- with interest @ 12% from the date of the complaint (ie. 11/01/19) till realization. Opposite party is further directed to pay Rs.5000/- as compensation and 2500/- as cost to the complainant within one month from the date of receipt of copy of this order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th  day of  November 2022.

    Sd/-                                                          Sd/-                                                            Sd/-

Sreeja S                                             Ram Mohan R                                             C.T. Sabu

Member                                            Member                                                        President

Appendix

Complainant’s Exhibits :

Ext. P1 is the copy of flight details, Air Asia (India) Ltd.

Ext.P2 is the copy payment details dated 08/07/18.

Ext.P3 is the confirmation of the flight cancellation dated 20/11/18.

Id/-

Member