Kingfisher directed not to indulge in unfair trade practice

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

Consumer Complaint No. 67 of 2008
J. K. Mittal & Ors, Complainant
Vs.
Kingfisher Airlines Ltd. & Ors., Opposite Parties

Order Dt.13-08-2008

It is the case of complainant no.1, Mr. J. K. Mittal, a practising advocate at Delhi and a Member of the Supreme Court and Delhi High Court Bar Associations and also a qualified Chartered Accountant as well as Company Secretary, through his Visa Credit Card booked air tickets from Delhi to Bhubneshwar and back on 8th March, 2008. These tickets were purchased on the Internet from the Kingfisher Airlines website. An amount of Rs.4800/- was charged for the outward flight No. IT 4608 and the same amount for the return flight No. IT 4677.

When he went to the Delhi Airport, he was asked to travel by an Air Deccan flight instead of Kingfisher Airlines. When he enquired at the counter of the Kingfisher Airlines, he was told that there was no flight of the Kingfisher Airlines, operating from Delhi to Bhubneshwar on the said date. He was also asked to go to the other departure terminal, because the Air Deccan flight operated from the latter. While he paid Rs.4800/- for the Kingfisher Airlines (one-way) ticket, the Air Deccan flight ticket was for only Rs.2500/-. In his complaint, he contended that the trade practice adopted by Kingfisher Airlines was unfair and they should be prevented from indulging in such practice. Further Opposite parties should be directed to pay a sum of Rs. 5 crore by way of punitive damages which may be credited to the Consumer Welfare Fund and / or Legal Aid Fund constituted by this Commission.

Similar was the experience of Mr Dharmesh Misra, Advocate, a resident of 38, 2nd Floor Sadhana Enclave, Panchsheel Park, New Delhi – 110 017 who is present today before this Commission. He submits that after purchasing a Kingfisher Airlines ticket from Indore to Delhi for 7th August, 2008, he was asked to travel by Air Deccan flight on that day. He further states that there was no Kingfisher Airlines flight on the said date from Indore to Delhi.

In this view of the matter, till further orders, OP No. 1 – Kingfisher Airlines – is directed not to indulge in such unfair trade practice. A copy of this order be also sent to the Respondent No. 3 – Director General of Civil Aviation, Ministry of Civil Aviation, Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi for appropriate action.

With regard to compensation, the Commission decided to pass appropriate orders after further hearing to the learned Counsel for the parties.

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