KINGFISHER AIRLINES LTD Vs. JAGROOP KAUR & ORS

JUDGEMENT

(1.) THIS is an appeal filed by the appellant/opposite party No. 1 against the order, dated 20.6.2011 passed by the District Consumer Disputes Redressal Forum -I, UT, Chandigarh (hereinafter to be called as the District Forum only) in complaint case No. 601 of 2010 vide which, it accepted the complaint of the complainants (now respondents) and directed the OP No. 1 Kingfisher Airlines Ltd. (now appellant) and OP No. 2 (in the complaint) as under:

(2.) IN brief, the facts of the case are that the complainants planned a trip to Srinagar and for this purpose approached M/s. Bajaj Travels Ltd. (OP No. 3) in the complaint who is carrying on its business of travel booking at Chandigarh. It was stated that they got booked tickets of Kingfisher Airlines through M/s. Bajaj Travels Ltd. with the assurance that comfortable and hassle free travel would be provided. It was further stated that after the trip while they were returning from Srinagar for Chandigarh on 24.10.2009, the above said flight which was scheduled to depart from Srinagar to Jammu was cancelled without any prior intimation and due to cancellation, they had to stay back at Srinagar without proper arrangements and thus they faced a lot of inconvenience. It was further stated that despite numerous requests Kingfisher Airlines did not arrange flight from Srinagar to Chandigarh for the next day and, ultimately, they had to purchase tickets of Spice Jet for 25.10.2009, from Srinagar to Jammu, in the sum of Rs. 3,200 per person and expenses thereof were reimbursed later on. It was further stated that due to the cancellation of flight, the complainants had to bear miscallaneous expenses, like travel through taxi from Jammu Airport to Chandigarh but the OPs did not accept their genuine demand of paying them the compensation. It was further stated that the OPs were deficient, in rendering service, as also, indulged into unfair trade practice. When the grievance of the complainants was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed.

(3.) IN their written reply, OP Nos. 1 and 2 stated that the flight was cancelled at the last minute due to technical reasons which were beyond their control and thus, the complainants could not be intimated regarding cancellation of flight in advance. It was further stated that after the cancellation of flights subject to availability of seats, but the complainants preferred for full refund. They were accordingly refunded the full fare as per the policy of the OPs. It was further stated that the seats, on any other Airlines could not be provided to the complainants because there was no other direct flight to Chandigarh. It was further stated that, the OPs were neither deficient, in rendering service, not indulged into unfair trade practice.