SRI. SAJEESH.K.P     : MEMBER

    The  Complainant has filed this complaint  under Sec.35 of the Consumer Protection Act 2019 for an order directing the  OPs  to refund Rs.16160/- towards the air ticket fare  and also pay Rs.25,000/- as compensation  to the complainant  for the deficiency of service on their part.

     The complainant in brief:-

   The complainant,  a retired man from travel industry at Kannur, bought an  air ticket on 18/4/2021 for one Mr.Anoop Thaliyan Chathoth.  The said ticket was Air India Express schedule from Kannur to Muscat.  The payment of ticket quoted Rs.16160/- and  complainant paid Rs.15250/- after adjust his commission since complainant maintained a good  business dealings  with  1^st OP.  Unfortunately, the flight was cancelled on the booked date and the amount refund by  Air India company to 1^st OP.  Thereafter complainant contended   2^nd  OP who was the manager of  branch of 1^st OP at Kozhikode to settle the refunded amount by Airline.  The 1^st OP close their  branch at Kozhikode without settling the issue raised  by complainant.  The 2^nd OP never resolved the issue regarding the refund of ticket fare and 2^nd OP told complainant to contact head office at Mumbai and he had sent refund documents to Mumbai head office.  Thereafter complainant contacted 1^st OP  and they stopped their  response and complainant  constrained to file this complaint.  

         After filing this complaint, Notice  was issued to OPs which was duly served.  The OPs  have not  appeared before the commission and not filed any version.  Hence the commission   held that  the OPs have no version  as such in this case  came to be  proceed against the OPs as set exparte.

         Even though, the opposite parties  have  remained ex-parte, it is for the complainant to establish the allegation made by him against the  OPs.  Hence the  complainant was  adduced evidence in the form of proof  affidavit  with and documents.  Accordingly the  complainant  has chosen to produce his affidavit along with  5 documents  marking as Exts.A1 to A5. Ext.A1 is the print out of air ticket , Ext.A2 is  money transfer details, Ext.A3 is details of ticket refund confirmation, Ext.A4  is copy of e-mail messages, Ext.A5 is copy of  e-tickets.  The complainant was examined as PW1. So the OPs remained  absent in this case.  At the end the commission heard the case on merit.

   On the perusal of  documents produced by complainant, it is pertinent to say that as per Ext.A1,intimating  an air ticket booked from Kannur to Muscat and the date of journey was on 29^th April 2021.  The passenger’s name is  known as Mr.Anoop Thaliyan .  This is true  with the averment made by complainant in his complaint.  But as per Ext.A2, an amount of Rs.15230/- is seen as debited towards 1^st OP which was produced by complainant, in which there is an account  the said  amount was debited.  Hence it is not possible to say that the amount debited from whose account.  There is no  statement  with regard to the account holder’s name or account number.  As per Ext.A3 Air line  express, intimated about  the  cancellation of ticket and also intimate the  refund of amount to the travel agency.  Hence the averment regarding  the cancellation of  flight ticket and  refund of amount to the travel agent seems to be  true.  The Ext.A4 produced by complainant is a group of e mail conversation  between complainant and 1^st OP regarding the refund of cancelled ticket  fare which was credited by Airline company.  But on the perusal of entire e mail 1^st OP replied to complainant that the entire payment of ticket was not paid ( ie the ticket fare  is Rs.16160/- and  after adjustment of commission complainant paid Rs.15230/-) the complainant produced Ext.A2 to shown the payment of Rs.15230/- but  they were not the name of account holder or name of bank. Moreover, here the  complainant is stating that he is booking ticket for some other person and the account  was  transacted but there is no  clarity with regard to the payment of Rs.16160/- which is the actual fare and  adjustment of commission of Rs.930/- from the actual fare.  The 1^st OP sent reply  e mail that the entire amount was not paid and complainant failed to prove the adjustment of commission and the amount transacted from his account.  Furthermore, the complainant failed to prove that he is a “consumer” comes under the purview of  Sec.7(1) of Consumer Protection Act 2019.  Hence the compensation is  liable to be dismissed.

   In the result  complainant has not prove the case.  Hence the complaint is dismissed.  No cost.

Exts:

A1- Print out of Air ticket

A2-  Money transfer details

A3- Details of ticket refund confirmation

A4-copy of email messages

A5- copy of e tickets

PW1-Gopalan Vannarath- complainant

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                     MEMBER                                         MEMBER

Ravi Susha                                       Molykutty Mathew                             Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR