Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 11-03-2015 passed by the Ld. District Forum, Kolkata, Unit II in C.C. No. 429/2014 whereof the complaint has been allowed.

Briefly narrated, case of the Complainant is that in the month of August, 2013, he purchased an air ticket which was on return mode.  On 15-10-2013, he cancelled the said e-ticket.  Thereafter, on 19-05-2014, he again visited the Office of the OP No. 2 to confirm the date of his return journey.  However, such request of the Complainant was turned down by the OP on the ground that validity period of the said E-ticket already expired.  Several representation with the OPs thereafter being went in vain, the Complainant filed the complaint before the Ld. District Forum.

In opposition, it is stated by the OP Nos. 1&2 that after expiry of the validity period of the e-ticket, the Complainant asked for booking his return ticket.  However, such prayer of the Complainant could not be accommodated on account of fare rules applicable to the said ticket.

Decision with reasons

Before I embark on dwelling on the issue at stake, relevant provision of the “General Terms and Conditions’ applicable for air tickets of all Air India flights is appended below.

“Totally unutilized open tickets and domestic tickets are valid for one year from date of issue.  Unless otherwise specified on the ticket, the period of validity of international tickets issued at normal one way, round or circle trip fares shall be one year from date of commencement of travel.  Or if the first flight coupon of international ticket is open dated and/or unused, the ticket is valid from the date of issue thereof…..”

A glance through the aforesaid provision makes it abundantly clear that although an open ticket normally remains valid for one year from the date of commencement of travel, if the ticket concerned specifies otherwise, the contents of said ticket shall prevail over the aforesaid general terms and conditions.

On going through the photocopy of Rules applicable for E-ticket, it transpires that there is clear stipulation to the effect that “travel from last stopover must commence no later than 6 months after departure from fare origin”.  Ld. Advocate for the Appellants submitted that the said rule is available from the internet booking system under the head “View Fare Code”.  Stretching further his argument, it is contended by the Ld. Advocate that since the Respondent booked an e-ticket, he cannot feign ignorance about the specific validity period of said ticket. 

Besides appreciating the views articulated by the Ld. Advocate of the Appellants, I would like to stress upon the fact that ignorance is no excuse.  While purchasing something, in one’s self-interest, it is always advisable to look before one leaps.  If one does not exercise due caution, one would do so at one’s own peril.  Since governing terms and conditions of e-ticket was available on the official website of the Appellant, it was incumbent upon the Respondent to go through the same carefully. 

It appears that the Ld. District Forum did not go through the concerned fare rules applicable for the e-ticket in question properly resulting which it came to an erroneous conclusion.  Given that rules and regulations governing the air ticket in question are binding on both sides, I find no infirmity with the decision of the Appellants to turn down the request of the Respondent to book his return ticket after expiry of the validity period of the same. 

The Appeal, resultantly, succeed.

Hence,

O R D E R E D

that A/457/2015 be and the same is allowed on contest.  The impugned order is hereby set aside.  No order as to costs.