SRI. SAJEESH.K.P: MEMBER

            The complainant filed this complaint Under Section -35 of Consumer Protection Act 2019, seeking direction against opposite party to remit the balance amount of Rs. 565/- which was due by opposite parties towards the air ticket for given by complainant along with compensation.

            That the complaint is that on 17/01/2020 complainant booked an Air ticket for himself and his family to travel from Kannur to Ahammadabad through opposite party’s travel agency.  The said travelling was scheduled to 24/04/2020 and the Air ticket fare was 33565/- which was paid by complainant to opposite party.  But due to the pandemic, covid -19, the scheduled Flight was cancelled by the airlines itself and complainant got a confirmation message from the airlines with regard to the refund of his air ticket to the opposite party’s account.  When complainant enquired about the refund opposite party evaded by saying lame excuses and at last on 04/09/2020, on repeated demands from complainant, opposite parties remitted Rs. 20000/- only.  The balance amount of Rs. 13565/- remain unpaid till complainant constrained to set lawyer notice on 17/11/2020.  On the received of lawyer notice, opposite parties 

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Remitted Rs. 13000/- to complainant.  The complainant had demanded Rs. 18565/- from opposite party through lawyer notice including his compensation.  But opposite

parties was reluctant to remit Rs. 565/- and the compensation of Rs. 5000/-.  Hence this compliant.

            After filing the complaint, notice was issued to opposite parties that notice was delivered as duly served on opposite party.  The opposite party has not appeared before the commission and not filed any version.  Ultimately the commission had to hold that the opposite parties have no version as such in this case to be proceed against opposite parties as ex-pate.

           Even though, the opposite parties remained ex-parte the complainant called to establish his case in the form of chief affidavit and documents. Accordingly complainant filed his proof affidavit and his documents and marked as Ext-A1 to Ext- A4.

           On the perusal of documents. Ext – A1 is the bank statement dated 17/01/2020 shows the amount of Rs. 33565/- was transferred to the opposite parties. Ext – A2 is the Air ticket of Indigo Airlines taken on 17/01/2020 through opposite parties’ travel agency which also shows the fare as 33565/-.  Ext – A3 is the email from Indigo Airlines to the complainant regarding the cancellation of Air ticket scheduled on 24/04/2020.  Moreover, the exhibit clearly indicates the amount which the airline was refunded.  The refunded amount by the Airlines is 33180/-.  Ext - A4 is the lawyer notice sent by complainant to opposite demands the payment of balance amount which was unpaid by opposite parties.

          The only point which is to be discussed that whether complainant is entitled to get balance amount of Rs. 565/-.  Since complainant has already admitted that he had received and amount of Rs. 33000/-.  According to the Ext – A3 produced by complainant, it clearly indicated the refunded amount as Rs. 33180/-.  Hence this commission came into a conclusion on the basis of available documents produced by complainant, that he is eligible to get Rs. 180/- rather than Rs. 565/- from opposite parties.  It will meet the ends of Justice.  Hence the complaint is allowed in part.  

          In the result the compliant is allowed in part.  The opposite parties is directed to refund the amount of Rs. 180/-.  Which is the then balance of air ticket and also pay Rs. 2000/- as the compensation cum cost of litigation to the complainant.

          This order to be complied by the opposite party within 30 days from the date

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of communication of this order. Failing which the complainant is at liberty to

execute the order as per the provisions of Consumer Protection Act 2019.

Exhibits:

Ext. A1- Bank statement dated 17/01/2020

Ext. A2- Copy of Air ticket dated 17/01/2020

Ext. A3 – Email copy of cancellation Air ticket

Ext. A4 – Lawyer notice

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PRESIDENT                               MEMBER                              MEMBER

Ravi Susha                          Molykutty Mathew                      Sajeesh K.P

/Forwarded by Order/

Senior Superintendent

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