SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019  seeking direction against the  OPs to  reimbursement of  Rs.4,00,000/- and also pay Rs.2,00,000/- as the compensation to the complainant  .

Complaint in brief :-

   According to the complaint, on 23/1/2022 complainant purchased air tickets for her family with Indigo flight No.6E182 in order to fly from Kozhikode to Sharjah through Akbar Travels (OPs) worth Rs.27141/- as  they got family visa to Sharjah.  The ticket was booked for 27^th January 2022 and also booked return ticket worth Rs.21,428/- on 11^th February 2022.  But  complainant turned Covid +ve and  got  test result on 26^th January and constrained to cancel fight tickets as complainant cannot stay back without her husband and daughter.  Hence complainant contacted help desk of Indigo, customer help center, toll free number, manager of Akbar Travels etc,in order to get the tickets modified or another date at low rate.  After making several  communication complainant received a call from 2^nd OP stating that he was ready to pay Rs.27141/- which was the full amount as refunded and complainant contacted with Indigo customer care, came to know that the full amount was refunded by Airline  authority to Akbar travels.  The complainant went through long procedure of communications with her agency and  airlines to solve her issues and suffered hardships and mental  stress due to the behavior shown by OPs towards complainant and hence this complaint.

   After filing this complaint, commission sent notice to both OPs and both OPs have appeared before the commission and filed their version accordingly.

 Version in brief of OPs :

    The OPs denied the entire  averments except those  specifically admitted.  The purchase of tickets for 3 person from Kozhikode to Sharjah on 27/1/2022 and the fare value of tickets worth Rs.27141/- was admitted  by OPs.  The OPs contended that the ticket was issued  under special fare category and it was  not refunded and non changeable was agreed by complainant and she purchased the ticket.  The cancellation of tickets within the group  booking was the discretion of the airline which was already informed to complainant.  According to OPs, complainant intimated OPs regarding the  Covid result was on 26/1/2022 and airline sent  an email to OPs stating that the passengers no show tax can only be refunded.  The OP was unable to split the ticket and cancel the PNR of complainant  since it was a group booking.  On the  basis of several communications made between  OP and Airline company, on 8/2/2022 Airline informed OP that they have refunded an amount of Rs.39,000/- and OPs refunded Rs.26997/- to complainant  on 19/2/2022 with a refund ID5785820856.  The complainant was given refund of tickets only on humanitarian ground and due to the good business relation between OPs and airlines.  The allegation of complainant against OPs is only to defame OPs and thereby to obtain  unjust enrichment and hence the complaint is liable to be dismissed.

       Due to the rival contentions raised by the OP to the litigation, the commission decided to cast the issues  accordingly.

1. Whether there is any deficiency in service and unfair trade practice from the side of  OPs?
2. Whether there is any  compensation  &  cost to the complainant?

       In order to answer the issues, the commission called evidence from both parties. The  complainant produced documents which is marked as Exts.A1 to A10,  Ext.A1series is the  copy of ticket and  copy of visa , Ext.A2 series is the  screen shot of email, Ext.A3 is  the laboratory report, Ext.A4 is NCH grievance print out, Ext.A5 is the Akbar travels files  they updated  at NCH.  Ext.A6  is Indigo refund status information and also Akbar travels transaction details, Ext.A7 is the copy of letter sent by complainant to Indigo Airlines, Ext.A8 is the copy of mail, Ext.A9 is the terms and conditions of Airlines regulation rules for  Covid relevant and Ext.A10 is the  payment slips. The complainant  adduced evidence through proof affidavit and examined as PW1.  OPs  produced documents which is marked as Exts.B1 to B13.  Ext.B1 is the copy of booking confirmation  e-mail dtd.23/1/2022.  Ext.B2 is the screenshot of the whatsapp message.  Ext.B3 is the email dtd.26/1/2022 sent by OP to Indigo airline, Ext.B4 is the E mail dtd.26/1/2022 sent by OP to Indigo Airline, Ext.B5 is  the E mail dtd.27/1/2022 sent by Indigo Airlines to OP, Ext.B6 is the E- mail dtd. 27/1/2022 sent by Indigo airlines to OP, Ext.B7 is the  e-mail dtd.27/1/22 sent by OP to Indigo airlines, Ext.B8 is the  E mail dtd. 31/1/2022 sent  by Indigo  airlines to OP, Ext.B9 is the E- mail dtd. 2/2/2022 sent by OP to Indigo Airlines, Ext.B10 is the E mail dtd.2/2/2022 sent by Indigo airlines to OP,  Ext.B11 is the e- mail dtd.3/2/2022 sent by OP to Indigo airlines, Ext.B12 is the  E- mail dtd.8/2/2022 sent by Indigo to OP and Ext.B13 is the fare regulation of Indigo Airlines.  OPs adduced evidence through proof affidavit and examined as DW1.

   On the perusal of documents produced by both parties, the commission entered in to the  following conclusions in order to answer the issues raised.

Issue No.1:

   Since there is no conflict with regard to the purchase of tickets and ticket fare, commission is not in a view to discuss  about the Ext.A1 series in detail.  The conflicts arise regarding the refund of amount, rescheduling tickets, misbehavior of OPs etc.  As per Ext.A2 series, the complainant demanded  re-schedule of tickets since complainant and  subsequently her family turned Covid+ve.  On the perusal of  one of the mails dated 27/1/2022 in Ext.A2 series, it is seen  that the complainant had the knowledge about  her ticket  that it was a group ticket and from  Ext.B1 dtd.23/1/2022 which was issued by Akbar Travels to complainant, it is seen that the terms and conditions mentioned as that tickets issued under special fare category are non-refundable and non changeable and should undergo RTPCR test prior before 48 hours of departure.  As per Exts.A3 and B2, it is seen that complainant turned Covid+ve and her reports was intimated to OP at around 8.49.A.M.  From Ext.B3 dtd. 26/1/2022, it is seen that the OP had intimated Airline authority to  cancel the tickets and refund request regarding the tickets of complainant and her daughter and the time seen in Ext.B3 is 10.34.a.m and Ext.B4 shows the request made by OP to Airline to refund the tickets amount in  humanitarian ground.  During the cross examination of complainant she admitted about  her knowledge with regard to the terms and conditions of Ext.B1, she also admitted Ext.B2.  Moreover, she admitted the e-mail dtd.26/1/2022 sent at 9.23 a.m with regard to the intimation re-scheduling  her travel.  The complainant specifically denied the steps taken by OPs towards the cancellation and refund process of her tickets.  But on perusal  of Exts.B3 to Ext.B11, it is seen that OP had taken steps to resolve the issue of complainant with the booking.  As per Ext.B12 dtd.8/2/2022, Airline refunded Rs.39,000/- in which complainant’s tickets fare is included.  And  the complainant admitted during the cross examination that she had received her full amount which was refunded by Airline.  From all these evidences it is clear that there is no deficiency in service and unfair trade practice as stated in  the complaint and the prayer made by complainant is with regard to cheating  which is not  under the jurisdiction of this commission.  Hence issue No.1 is answered against complainant.

Issue No.2:

   Since there is no deficiency in service is proved against OPs , the  complainant is not entitled to get any compensation.  Hence issue No.2 is answered against complainant.

       In the result, the commission dismissed the complaint with no cost and compensation as there  is no deficiency in service  is proved by complainant against  opposite parties.

Exts:

A1-series -  copy of ticket and  copy of visa

A2 series-  screen shot of email,

A3 - laboratory report

A4 - NCH grievance print out,

A5- Akbar travels files  they updated  at NCH

A6 - Indigo refund status information and also Akbar travels transaction details,

A7 - copy of letter sent by complainant to Indigo Airlines

A8-copy of mail

A9- terms and conditions of Airlines regulation rules for  Covid relevant

 A10-  payment slips

B1- E mail  sent to complainant dtd.23/1/2022

B2-Screenshot  of the whattsapp message sent by complainant

B3,B4,B7,B9,B11-E mail sent  by  OPs to Indigo Airlines Dtd.26/1/22,27/1/22,2/2/22,3/2/22

B5,B6,B8,B10,B12-E mail sent by Indigo Airlines to OPs dtd.27/1/22,31/1/22,2/2/22,8/2/22

B13-Fare Regulation of Indigo Airline

PW1-Suneetta Sreedhar-Complainant

DW1-ArunKumar- witness of OP

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR