Case nº Revision Petition No. 2210 Of 2016, (Against the Order dated 25/04/2016 in Appeal No. 186/2016 of the State Commission Chhattisgarh) With Ia/6977/2016 of NCDRC Cases, August 19, 2016 (case 1. Air Arabia 2. Thomas Cook India Limited Vs 1. Pagdaloo Prashant Naidu and Ors. 2. Sujata Prashant Naidu 3. Thomas Cook India Limited 4. Air Arabia)
| Judge | For Appellant: Mr. Vikas Upadhyay, Advocate and Mr. Himanshu Mehta, Advocate |
| President | Mrs. Rekha Gupta,Presiding Member and Mr. Anup K Thakur,Member |
| Resolution Date | August 19, 2016 |
| Issuing Organization | NCDRC Cases |
Order:
Rekha Gupta, Presiding Member
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Revision petition No.2210 of 2016 has been filed by the OP No.4-Air Arabia in C.C. No.15/178 against the order dated 25.04.2016, passed by Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (short, "State Commission) in First Appeal No.185/2016. The OP no.4 has also filed Revision Petition No.2317 of 2016 against the order dated 07.06.2016 passed by the State Commission in F.A. No.79 of 2016.
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Revision petition No. 2254 of 2016 has been filed by the OPs No.1 to 3-Thomas Cook (India) Ltd. & Ors. against the order dated 07.06.2016, passed by the State Commission in F.A. No.79/2016. Since these revision petitions are arising out of the order dated 27.01.2016 passed by the District Consumer Disputes Redressal Forum, Durg, Chhattisgarh (Short, "District Forum"), in C.C. No.15/178 and the facts are the same in all three revision petitions, we propose to give a common order. R.P. No.2210 of 2016 is being taken as the lead case.
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The facts of the case as per complainants/respondents no.1 and 2 are that the OPs No.1 to 3 are the Tour Operators, who offered package tours throughout the world. The OP no.4 is the Airline with which the OP No.1 had booked tickets for the complainants. The complainants had booked a tour with the OPs for Kenya Safari Package TCKE 2305 Trip departing Ex Mumbai on 23rd May 2014. The complainants had paid the full amount as per package for 4 persons. The tour''s scheduled departure was for 23rd May 2014. However as the complainants had to meet few friends at Nairobi and also wanted to do additional sightseeing at Nairobi (Kenya) which was not part of itinerary the complainants requested the OPs to prepone their departure by two days i.e. on 21st May 2014 and for this the OPs had taken Rs.20,000/- as additional amount for preponement which was promptly paid by the complainants to get two additional days at Kenya. The complainants were issued confirmation of the preponement of their departure on 21.05.2016. The complainants had requested the OPs for a direct flight from Mumbai to Kenya by Kenya Airlines but the OPs issued the confirmed Air Tickets of Air Arabia departing on 21.05.2014 at 4:55 Hours from Mumbai to Sharjah (G9 407) and then connecting from Sharjah to Nairobi (G9407) reaching Nairobi at 13: 15 Hours on 21st May 2014. The complainants reached the Mumbai International Airport at 01.30 Hours on 21.05.2014 and were informed by the Executives at the Check-in Counter of Air Arabia that there was no Air Arabia flight from Sharjah to Nairobi on 21.05.2014. The complainants were shocked at this information. The complainants then informed the Executives at the Check-in Counter that these confirmed tickets were booked by Thomas Cook and the ticket has been issued by Air Arabia and handed over the same to them. The complainants then contacted the concerned person of Thomas Cook Bhilai and made them speak to the Executives at the Check-in Counter of Air Arabia and after that they said that the authorized person from Air Arabia would meet them in this regard. The Air Arabia flight departure time was 04:55 so after repeated requests to meet the Air Arabia official and waiting for more than one hour then the Air Arabia official, Mr. Prashant, came. He said that Air Arabia flight No. G9 734 from Nairobi to Sharjah on 21.05.2014 had been cancelled due to some technical problem and so their Air Tickets of Air Arabia flight would be rescheduled for 22.05.2014 i.e. the next day from Mumbai to Sharjah and the connecting flight from Sharjah to Nairobi on 22nd May 2014. The Air Arabia official Mr. Prashant was very rude and had unsympathetic to their plight. He further stated that all passengers had been informed through email but the complainants had not received any such intimation. The complainants requested the OPs that as their flight was cancelled so they should fly them on Kenya Airlines, which also had a direct flight from...
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