BEFORE THE III ADDITIONAL BANGALORE URBAN
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
BENGALURU – 560 027.
DATED THIS THE 3rd DAY OF SEPTEMBER, 2021
CONSUMER COMPLAINT NO.311/2020
PRESENT:
Sri.C.V.Maragoor, B.com, LL.M. …. PRESIDENT
Smt.L.Mamatha, B.A., (Law), LL.B.…. MEMBER
Sri. M.B. Seena, B.A., (Law), LL.B. …. MEMBER
Adhiraj Bose,
S/o Sri.Tilak Bose,
Aged about 31 Years,
R/at Plat No.207,
Vars All Seasons,
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(Rep by Sri.R.Krishna Murthy, Adv)
V/s
OPPOSITE PARTIES:
- M/s Air Arabia Airlines,
Business Point, GF4 and GF5,
No.137, Brigade Road,
Represented by its Manager.
- M/s Make My Trip (India) Private Limited,
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Opposite Prestige Co-opere Arch,
Represented by its Manager.
Ex-parte.
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//ORDER//
SRI.C.V.MARGOOR, PRESIDENT
This complaint is filed under Section 35 of the Consumer Protection Act, 2019 to direct the OP Nos.1 and 2 jointly and severally to pay an amount of Rs.35,329/- towards stay charges, local site seeing charges, cab charges and fee paid for issue of legal notice with interest @ 18% p.a. from the date of payment. Further direct the OP Nos.1 and 2 to pay Rs.1,00,000/- towards compensation for mental agony and loss of his leave and Rs.25,000/-towards cost of this complaint.
2. It is the case of complainant that he had booked his travel tickets in OP No.1 M/s. Air Arabia Airlines through OP No.2 M/s. Make My Trip (India) Pvt. Ltd. to travel from Bengaluru to Tbilisi and back. Travel schedule was on 09.08.2019 at 4.30 hours IST from Bengaluru to Tbilisi on 09.08.2019 at 16.20 hours Georgia time via Sharjah. The complainant tour was of site seeing on 10.08.2019 and 11.08.2019 and checked out from hotel at 12.00 hours Georgia time on 12.08.2019 and on the same day return journey ticket booked in OP No.1 through OP No.2.
3. That on 09.08.2019 the complainant had reached Bengaluru International Airport and reported at the check in counter well in time and produced relevant documents like Hotel booking details, Travel Insurance, three VISA print outs and Passport. The OP No.1 official at the counter did not allow him to travel after checking the documents stating that his air ticket did not bear “OK to Board stamp”. The complainant has asked the official of OP No.1 to give an endorsement or letter for his refusal to travel in flight. The complainant later on sent mails to OPs concerned authority but the OP No.2 told him to take back Air ticket amount nearby their office branch. The complainant has lost stay charges and local site seeing charges, Cab charges to and fro Bengaluru Airport a sum of Rs.35,329/-. That apart the complainant suffered inconvenience and mental agony and for that he asked compensation of Rs.1,00,000/- and legal notice charges hence, this complaint.
4. In response to the notice, the OP Nos.1 and 2 did not care to appear hence, they are placed ex-parte.
5. The complainant has filed his affidavit evidence and got marked Exs.P1 to P12 documents.
6. We have heard the oral arguments advanced by the learned counsel for complainant and the points that would arise for determination are as under:
i) Whether the complainant proves deficiency in service on the part of OPs?
ii) Is complainant entitled to the reliefs sought for?
7. Our findings on the aforesaid points are as follows:
Point No.1: In the affirmative
Point No.2: In the partly affirmative for the below
REASONS
8. Point No.1 and 2: The learned counsel for complainant has submitted that the OP No.2 has issued confirmed ticket to travel from Bengaluru to Tbilisi on 09.08.2019. But at the checking counter of OP No.1 did not allow him to travel only on the reason that Air ticket not bear “OK to Board stamp”. The OPs would have intimated the complainant to have “OK to Board stamp” on the Air ticket immediately after confirmation of ticket or otherwise should have put such note on the Air ticket to have “OK to Board stamp” on the air ticket. The OPs have booked ticket and it was their duty to intimate the complainant or would have got “OK to Board stamp” on the air ticket before delivery to the complainant.
9. The complainant has produced Ex-P1 to and fro confirmed flight ticket to travel in the OP No.1 flight on 09.08.2019 and return journey ticket on 12.08.2019. The complainant has sent Ex.P2 email to the officers of OP No.1 on 09.08.2019 mentioning the events took place in the Airport in detail which runs four pages. Ex.P3 is reply given by the OP No.1 stating regret for inconvenience caused to the complainant. The documents produced by complainant prove that he has booked travel ticket in OP No.1 Airlines through OP No.2 to travel from Bengaluru to Tbilisi and back. The OP No.1 has admitted that the complainant could not travel on account of air ticket not bearing “OK to Board stamp”. While booking air ticket the complainant has submitted copy of VISA and Passport and it was the duty of OP Nos.1 and 2 immediately after confirming the ticket they would have got “OK to Board Stamp” on the air ticket. It was obligation on the part of OPs to have “OK to Board stamp” on the air ticket of complainant. Otherwise the OPs would have made note on the air ticket that the complainant should get “OK to Board stamp” on the air ticket. Thus the OPs have committed deficiency in service not allowing the complainant to travel from Bengaluru to Tbilisi though his air ticket was confirmed.
10. The complainant has asked for stay charges to and fro cab charges to reach Bengaluru International Airport and legal notice charges. The complainant admitted that the OPs have refunded air fare a sum of Rs.49,118/-. The complainant has lost stay charges due to deficiency in service on the part of OPs. The complainant had paid stay charges at Tbilisi and local site seeing expenses a sum of Rs.23,400/- which is not refundable. Therefore, the amount claimed by complainant a sum of Rs.35,329/- is correct and it shall be paid by the OPs. The complainant has asked for Rs.1,00,000/- towards compensation for mental agony but he has not furnished any material for award of huge amount as compensation as already he has received back air fare. The complainant has suffered mental agony as he did not enjoy the tour as he was chalked out tour program well in advance. Therefore, the OPs shall pay compensation of Rs.25,000/- to the complainant for his mental agony etc. In addition to that the OPs shall pay legal expenses of Rs.15,000/- to the complainant. Accordingly, we proceed to pass the following;
ORDER
The complaint is partly allowed with cost directing the OP Nos.1 & 2 shall jointly and severally pay a sum of Rs.35,329/- to the complainant with interest @ 8% p.a. from 09.08.2019 till the date of payment.
It is further ordered that the OP Nos.1 and 2 shall pay a sum of Rs.40,000/- to the complainant as compensation and litigation cost within 30 days from the date of order otherwise, it carries interest @ 8% p.a. from the date of filing complaint till its payment.
Furnish the copy of order to the complainant and opposite parties at free of cost.
(Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 3rd day of September, 2021)
- M.B.SEENA) (L.MAMATHA) (C.V.MARAGOOR)
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//ANNEXURE//
Witness examined for the complainants side:
Sri.Adhiraj Bose, the complainant has filed his affidavit.
Documents marked for the complainant side:
- The Air ticket.
- Copy of Complainant email dt.09.08.2019.
- Copy of email dt.14.08.2019 of Opposite party no.1.
- Copy of Hotel Booking document.
- Copy of taxi bill from residence to airport.
- Copy of taxi bill from airport to residence.
- Copy of legal notice to opposite party no.1.
- Copy of postal acknowledgement.
- Reply of Opposite party no.1.
- Copy of legal notice.
- Postal acknowledgement.
- Advocate’s fee receipt.
Witness examined for the opposite party side:
-NIL-
Documents marked for the Opposite Parties side:
-NIL-
- M.B. SEENA) (L.MAMATHA) (C.V.MARAGOOR)
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