By: Sri. Mohandasan.K, Member
1. Mr. Muhammed Suhail, brother of the complainant booked an air ticket from the opposite party to travel from Calicut to Muscat in Oman Airways flight . On that particular day he could not travel and so he requested the opposite party to refund fare after deducting penalty amount. The request for refund was submitted on 03/04/2018 through the complainant. Complainant claims that he spent Rs.16,000/- (Sixteen thousand rupees only) as ticket fare and service charge. But till filing this complaint though the complainant submitted all the documents the opposite party did not refund the ticket amount. Hence complainant prays the refund of Rs.16000/- (Sixteen thousand rupees only) as ticket fare and Rs. 20,000/- (Twenty thousand rupees only) as compensation and travelling expenses of complainant from Manjeri to Calicut to approach opposite party and cost of the proceedings.
2. On admission of the complaint notice issued to the opposite party and entered appearance and filed version. As per the version, complainant is not a consumer of opposite party , he is not power of Attorney of the traveller and so complainant has no locus standi to file this complaint. Opposite party contented that Mr. Suhail, the traveller was issued air ticket through Oman air website on 19/01/2018 for his travel from Muscat to Calicut on 23/01/2018 and for his return journey from Calicut to Muscat . He made the payment of cost of ticket through his credit card in Oman Riyal . He travelled on 23/01/2018 Muscat – Calicut sector holding a return ticket for travel on 25/03/2018. The passenger subsequently requested to reschedule his travel on 29-03-2018 and ticket was re issued by collecting additional charges The passenger did not travelled on that day and later contacted opposite party office for refund of the balance value of the ticket on 03/04/2018. Opposite party contented that the original ticket was issued through Oman air website and payment was made through credit card and so opposite party informed complainant that they will contact when the refund approval gets from concerned department. After the completion of refund procedure by the head office of opposite party they issued a cheque dated 10/07/2018 for the refund value of Rs.9045/- (Nine thousand and forty five rupees only). Opposite party states that they contacted Mr. Sakkeel on 16/07/2018 over phone and advised him to collect the cheque from their office, but instead of the same the complainant filed this complaint suppressing the facts. Opposite party states that refund has been processed as per Oman air policy and the complainant is at liberty to collect the above mentioned cheque amount from Oman air from Calicut office during their working days between 9 am to 5 pm. Hence the complaint is liable to be dismissed.
3. The complainant filed affidavit in lieu of evidence. He produced two documents and they are marked as Ext.A1 and A2. Ext. A1 is the letter to refund the ticket amount , Ext. A2 the letter requesting to transfer refund amount in to the account of complainant. Opposite party also filed proof affidavit in lieu of evidence . Opposite party has not produced any documents . Forum consider following points for adjudicating the complaint:-
(1) Whether the complaint is maintainable?
(2) Whether there is any deficiency in service of opposite party ?
(3) Relief and cost
4. Point No.1
The complainant is none other than the brother of the passenger Mr. Muhamed Suhail who booked air ticket in opposite party flight . He authorized to collect refund amount from the opposite party. So he is very well competent to file a complaint under consumer protection Act and so the complaint is maintainable.
5. Point No.2
There is no dispute with respect to air ticket booking and none travelling on 29/03/2018 through the opposite party Oman air ways flight . The opposite party also not disputed in his affidavit about the request of the complainant for refund of air ticket fare. Ext. A1 is the document which establishes request for refund of ticket fare. Opposite party contented that they had issued cheque for Rs.9045/- (Nine thousand and forty five rupees only) to the complainant. Opposite party has stated that instead of collecting the cheque, the complainant approached this Forum. Opposite party states that complainant is at liberty to collect the above cheque from their Calicut office during the working hours from 9 am to 5 pm. From the perusal of this averements in the affidavits submitted by both parties, there is a delay of certain months in releasing the refund amount. Consuming more than 3 months for refunding a ticket fare is amount to deficiency of service. So Forum finds that there is deficiency of service on the part of the opposite party.
6. The air ticket was booked to and fro journey. Complainant admitted that he has travelled one side . But he could not travel on the next occasion only because of his own reasons . The deficiency of service on the part of opposite party is limited to a short span of time . The claim of compensation for that can not be a an exorbitant amount. We allow Rs. 3000/- (Three thousand rupees only) as compensation for the delay and there by inconvenience caused to the complainant. Complainant can not claim refund of entire ticket amount of Rs.16,000/- (Sixteen thousand rupees only) . The opposite party as per their conditions it is fixed as Rs.9,045/- (Nine thousand and forty five rupees only). Complainant is entitled to for that amount of Rs.9045/-(Nine thousand and forty five rupees only) .
7. Complainant has got a contention that he was constrained to travel from Manjeri to Calicut for this purpose. Considering that aspect also Forum allows Rs.3000/- (Three thousand rupees only) as cost. In the above circumstance the Forum allows the complaint as follows:-
(a) Opposite party is directed to pay Rs.3000/- (Three thousand rupees only) as compensation to the complainant for the deficiency of service of the opposite party.
(b) opposite party is directed to pay refund value of the Rs.9045/-(Nine thousand and forty five rupees only) to the complainant
(c) opposite parties directed to pay Rs.3000/- (Three thousand rupees only) as cost to the complainant.
The opposite party shall comply this order within one month from the date of receipt of this order, failing which the above amounts will carry interest at the rateof 9% till date of realization.
Dated this 22th day of May, 2020.
PREETHI SIVARAMAN . C, MEMBER
(President In-Charge )
MOHANDASAN.K, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext. A1 and A2
Ext.A1 : Photo copy of letter to refund the ticket amount dated 03/04/2018.
Ext.A2 : Photo copy of the letter requesting to transfer refund amount in to the account of complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
PREETHI SIVARAMAN . C, MEMBER
(President In-Charge )
MOHANDASAN.K, MEMBER
