Date of Filing:06-01-2017
Date of Order: 13-5-2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B. PRESIDENT.
HON’BLE Smt. D.NIRMALA, B.Com., LLB., MEMBER
Monday, the 13th day of May, 2019
C.C.No.25 /2017
Between
- Yellarthi Raghavendra Rao,
Age 74 years, S/o.Late Y.Krishna Murthy Rao
- Y.Puspa, age 64 years,
W/o.Y.Raghavendra Rao
Both are resident of H.No.21-122/1,
Sai Plaza flat No.101,
Uttam Nagar Behind Bus Stop,
Malkajgiri, K.V.R. Ranga Reddy
Hyderabad ……Complainants
And
- M/s. Air India
Beside Ravindra Bharathi,
Saifabad, Hyderabad – 500001
Rep. by its M.B.O. and Chief Manager
- IRCTC
B-148, 11th floor, Statesman House,
Barakhamba Road, New Delhi -110001 ….Opposite Parties
Counsel for the complainants : Smt.Jaya Gowri
Counsel for the opposite party No.1 : M/s. Umadevi
opposite Party No.2 : Sri K.Ajay Kumar
O R D E R
(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
This complaint has been preferred under Section 12 of C.P. Act of 1986 alleging that failure to refund the entire cost of the tickets purchased by the complainant amounts to deficiency of service, hence a direction to the opposite parties to pay a sum of Rs.40,448/- as compensation for causing inconvenience, mental agony and for loss of entire time, journey schedule, important affairs etc and to pay Rs.5,000/- each towards hardship and the cost of this complaint.
- The complainants case in brief is that on13-12-2015 they have booked two tickets to travel from Bhuj to Hyderabad for flight of opposite party No.1 and from Bhuj to Mumbai and Mumbai to Hyderabad by using his credit card. Opposite party No.2 is public sector unit of the Indian Railways through which he purchased the tickets. The schedule departure of flight at Bhuj on 21-07-2016 at 8.50AM and at Mumbai at 7.30 P.M to travel back to Hyderabad after arrival.
While matter stood thus the complainant received a message from opposite party No.1 that schedule flight was cancelled due to technical reasons as a result of it they were constrained to reschedule the entire journey and other programmes. Soon after receipt of the message of cancellation of the flight complainants have approached Air India at Hyderabad on 09-04-2016 and obtained endorsement on the ticket for refund of entire amount spent for the tickets and they were promised that within a few days their amount will be credited in their bank account.
On 11-04-2016 they forwarded the scan copy of tickets with necessary endorsement from airlines for refund of the amount to their official website and opposite parties have acknowledge the tickets and forwarded enclosing the concerned department. Thereafter complainant checked their bank account and noticed that refund of the amount was not correct. The complainant was asked to furnish the account number for sending the payment through online even then amount was not remitted to his bank account even as on today. Hence the present complaint.
- Opposite party No.1&2 filed separate written versions. The opposite party No.1 contention is that complainant booked tickets through opposite party No.2 for their proposed outward journeys on 17-7-2016 and return journey on 21-7-2016 and said booking was done on 13-12-2015 and as per the booking tickets were issued by opposite party No.2. So the booking was done seven months prior to the schedule date of travel but later complainant advanced the return journey to 20-7-2016 from 21-07-2016 and as per the record of the opposite party No.1 complainant cancelled his outward journey i.e, Hyderabad to Bhuj via Mumbai on 15-02-2016 itself.
Thereafter there was a change in the days of the operation of flight of Mumbai-Bhuj-Mumbai Sector due to introduction of summer schedule 2016 with effect from 27-03-2016 and because of that the days of operation had changed from Monday, Tuesday, Wednesday and Thursday to Monday, Tuesday, Thursday and Saturday and same was communicated to complainant on 8-4-2016 by SMS and also by means of voice call communication and he was informed that operation of the flight on 20-7-2016 from Bhuj to Mumbai was withdrawn during summer schedule with effect from 27-03-2016. The changes in the flight operation schedules were done by airlines taking into account the climatic conditions prevailing at various stations to which the flights are operated depending upon the seasonal climatic conditions i.,e summer and winter and termed as summer schedule and winter schedule respectively. The complainant was never informed through SMS that flight schedule for 21-7-2016 was cancelled due to technical reasons. The complainants were made aware of fact of withdrawal of the operation of the flight about more than three months prior to the scheduled travel date on 20-7-2016. Complainants having advanced the date of journey from 21-07-2016 to 20-7-0216 have no ground to raise any grievance against reschedule of the flight more particular when it was communicated well in advance by 3 ½ months prior to the date of schedule travel as such there was no element of surprise in rescheduling the flight operation.
The complainants approached the main booking office of opposite party No.1 on 9-4-2016 for endorsement on the ticket for full refund of the fare paid for travel from Bhuj-Mumbai-Hyderabad as there was no operation of flight on 20-7-2016. Complainants were advised to take refund of the amount from opposite party No.2 by processing the refund as per the procedure which is uniform and common for every passenger who travel by the flights operated by opposite party No.1. Thereafter there was no communication to the opposite party No.1 from the complainants till receiving of the notice of this complaint. Soon after receipt of the notice of this complaint opposite party No.1 contacted opposite party No..2 and has taken up the matter very seriously and process of the refund through opposite party No.1 and issued a cheque for Rs.14,864/- on 10-02-2017 towards refund of the tickets of the complainant for the sector Bhuj –Mumbai-Hyderabad same was verbally communicated to the complainant with request to collect the cheque but complainant refused and challenged to see the issue before the Court of law. Had the complainant approached the office of opposite party No.1 when he was not getting response from opposite party No.2, opposite party No.1 would have helped him in getting the refund from opposite party No.2. As a matter of fact complainant had never communicated with opposite party No.1 till 23-01-2017 from the date of cancellation of tickets on 09-04-2016 about this problem of not getting refund of tickets cost from opposite party No.2 in spite of approaching opposite party No.2 the complainant preferred the present complaint. Since an intimation of change of schedule in the sector Mumbai-Bhuj-Mumbai was communicated to the complainant well in advance on 8-4-2016 and complainant visited the opposite party No.1 on 9-01-2016 and cancelled the journey from from Bhuj to Hyderabad Via Mumbai and obtained necessary endorsement on the tickets for collecting refund from opposite party No.2 there is no deficiency of service on the part of the opposite party No.1. Hence there is no cause of action for the complainant to file the present complaint and same is liable to be dismissed.
- The defence of opposite party No.2 in its written version is that it is the public Sector unit and it only acts as a booking agent on behalf of the concerned airlines and for that it levies a normal service charge. It has no control over the operation of the flights operated by opposite party No.1. Complainant after booking of the air tickets on 13-12-2015 from the website of the opposite party No.2 for the journey Hyderabad –Mumbai-Bhuj on 17-7-2016 and 18-7-2016 and Bhuj –Mumbai-Hyderabad sector on 21-07-2016 cancelled onward tickets for Hyderabad-Mumbai-Bhuj sector on 15-02-2016 and he was refunded as per the airline cancellation charges. The fare remitted online stood transferred to the concerned Airlines hence opposite party No.1 alone is responsible for its operations /liabilities if any inconvenience is caused to the complainant. Since the complainant cancelled the ticket entire amount was refunded to him even without receiving any refund from opposite party No.1 on 23-03-2017 thus there is no cause of action for the complaint raised by the complainant against the opposite party No.2 hence it is liable to be dismissed with costs.
In the enquiry stage the complainant has got filed his evidence affidavit reiterating the facts narrated in the complaint and to support the same got exhibited five (5) documents which are the statement of account showing remittance of Rs.18,828.21 to the account of opposite party No.2 towards the cost of flight tickets booked by him through online, Xerox copy of the flight tickets, itinerary receipts and email extract . For the Opposite Party No.1 the evidence affidavit of Sri T.Raghubabu stated to be Station Manager of opposite party No.1 is got filed and the substance of his evidence affidavit is in line with the defense set out in the written version filed for it and through him five (5) documents are got exhibited which includes copy of cheque for an amount of Rs.14,864/- in the name of first complainant dated 10-2-2017. Ex.B4 is journey list of the complainant whereas B1 to B3 are Xerox copies of E tickets. On behalf of the opposite party No.2 there is no evidence either oral or documentary. For the complainant as well as opposite party No.1 written arguments are filed
On a consideration of material available on record the following points have emerged for consideration .
- Whether the complainant could be able to establish deficiency of service on the part of the opposite parties ?
- Whether the complainants are entitled for the amount claimed in the complaint?
- To what relief?
Point No.1: The fact of booking of E-tickets by the complainant on 13-12-2015 to travel in the flights being operated by opposite party No.1 is not in dispute. It is also a fact that opposite party No.2 is public sector unit of the Indian Railways and is only a booking agent of the airlines being operated by the opposite party No.1. The complainant’s stand is though he booked tickets on 13-12-2015 for travel on 21-7-2016 by more than seven months in advance he received a message on 8-4-2016 about the cancellation of the flight due to technical reasons. But he has not filed the extract of the said message received by him on 8-4-2016 as same is important because it has been categorically stated by opposite party No. 1 that at no point of time complainant was informed by on message about the cancellation of flight on account of technical reasons. It is not in dispute that the schedule travel date was on 21-07-2016 but much before that the operation of flight in the given sector were changed on account of the season and said fact was intimated to the complainant by way of message on 8-4-2016 and also by way of voice call. So more than 2 months prior to the schedule date of travel the complainant was made aware of rescheduling of the flights under the operation of opposite party No.1. So there was no element of surprise as sought to be contended by the complainant. Though the complainant suppressed the fact of advancing of his journey from 21-07-2016 to 20-7-2016 the same has been stated by opposite party which fact is also not denied by the complainant in his evidence affidavit. The travel schedule of the complainant was 21-7-2016 and he preponed it to 20-7-2016 but unfortunately as per the rescheduling of the flights the flight on 20-7-2016 was not available for complainant travel and this fact was known to the complainant on 8-4-2016 itself. As such the question of causing either inconvenience or mental agony for not making flight available for his preponed journey does not arise. For the cancelation of the journey by the complainant towards refund of the amount opposite party prepared a cheque on 10-2-2017 and asked the complainant to collect it but he did not agree which fact is also not denied by the complainant in his evidence affidavit. Opposite party No.2 has categorically stated in the written version that towards refund of the amount for the cancellation of journey by the complainant the entire cost of the tickets was refunded to him on 23-03-2017 i.e, subsequent to filing of the present complaint. Accordingly complainant received the amount with delay.
It is specifically pleaded by the opposite party No.1 that the complainant after obtaining endorsement on 09-4-2016 on the tickets for full refund of the fare paid for the booking of the tickets he did not turn up again to opposite party No.1 to inform that he did not receive any amount from opposite party No.2 and had he approached it would have helped in processing of refund of the amount at the earliest. This fact also not denied by the complainant in his evidence affidavit. It appears that the complainant taking an advantage of non-availability of flight on account of rescheduling of flight by opposite party No.1 for the date for which he got preponed his journey is seeking compensation. If really complainant got inconvenienced and he was aware rescheduling of flight just one or two days prior to the schedule journey certainly it can be said he was surprised to receive the information of non-availability of flight. As already said he was informed reschedule of the flight more than 2 ½ months prior to the schedule date of flight as such there was no inconvenience experienced by the complainant in the given circumstances of the case. Hence there was no deficiency of service on the part of the opposite parties. Accordingly point is answered against the complainant.
Point No.2: In view of the findings of this Forum that the complainants could not able to establish deficiency of service and not entitled to amounts claimed in the complaint.
Point No.3: In the result, the complaint is dismissed. No order as to costs.
Dictated to steno, transcribed and typed by her, pronounced by us on this the 13th day of May , 2019
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Exs. filed on behalf of the Complainant:
Ex.A1- yearend statement and summary
Ex.A2- electronic reservation slip dt.13-12-2015
Ex.A3- itinerary receipt dt.9-4-2016
Ex.A4- itinerary receipt dt.9-4-2016
Ex.A5- emails
Exs. filed on behalf of the Opposite party No.1
Ex.B1toB3- e-tickets
Ex.B4- journey history of the complainants
Exx.B5 cheque for Rs.14,864/- dt.10-2-2017
MEMBER PRESIDENT
