Before the District Consumer Disputes Redressal Forum at

NORTH DELHI
IN RE : MS.____________, daughter of __________, resident of ,
_______________________
.............COMPLAINANT
Versus
XYZ PVT. LTD, having their registered office at
________________________________________________________
Also at
XYZ PVT. LTD, having their Delhi office at
___________________________________________________________________
_, NEW DELHI.

............ RESPONDENT
Complaint under Section 12 of the Consumer Protection Act, 1986.

RESPECTFULLY SHOWETH:

That the complainant is a ________________ (mention the profession) and is a

resident of ___________. That she had purchased four tickets for her family from
NEW DELHI TO DUBAI for TO AND FRO journey by XX AIRLINES on 01.10.2015
by using her net service available at complainants above said residence under THE
REFUNDABLE FARE AND CHANGEABLE TRAVEL DATE CATEGORY after
payment of Rs. 65,800 through their website, namely XYZ.COM. That the facts of
the present case are as follows.

1. That on 01.10.2015 complainant booked the vacation tour with her family members
through the opposite partys portal for TO AND FRO journey to DUBAI from NEW
DELHI dated 18.01.2016 and 23.01.2016 respectively, with FLYDUBAI AIRLINES,
but by error the date of return journey from DUBAI TO NEW DELHI was submitted
as 23.02.2016 instead of 23.01.2016. Immediately, this error was brought to the
notice of XX AIRLINES which suggested contacting the opposite party directly for the
purpose.
2. That immediately thereafter, complainant made a call to the Customer Care Desk
and registered her request for rescheduling and change of date in return journey
from DUBAI TO NEW DELHI from 23.02.2016 to 23.01.2016.
3. That through mail complainant made a request to make necessary changes in return
journey tickets from DUBAI TO NEW DELHI FOR 24.01.2016 as the services of
FLYDUBAI was not available on the journey date at required sector, however, the
opposite partys site was showing vacant seats with the same fare at required sector.
4. It is pertinent to mention here, the tickets booked under the above captioned ID were
under the REFUNDABLE FARE category as specifically mentioned in the Booking
Confirmation Mail dated 01.10.2015 AND it was also mentioned in the E-Ticket mail
dated 02.10.2015, the charges for change in tickets in a form of table. But there are
 lot of discrepancies in the replying mail which says that Airline does not allow any
refund or change. (All documents are annexed herewith).
5. That on 04.10.2015 the opposite party replied wherein opposite party clearly and
bluntly stated that the XX AIRLINES tickets are neither Refundable nor Changeable,
in other way opposite party refused to do anything in this regard. (Copy Annexed)
6. That, immediately, complainant replied by reminding the opposite party that your own
Booking Confirmation Mail dated 01.10.2015 specifically and clearly mentioned that
the fare is under REFUNDABLE CATEGORY and further, flight schedule is
changeable subject to specified charges as mentioned in your E-Ticket dated
02.10.2015 at Page No. 2
It is again pertinent to mention here that opposite partys portal at site shows
availability of both the options for REFUNDABLE FARE & FOR CHANGE IN
TRAVEL DATE.
But all in vain with deaf ears.
7. That on 04.10.2015 finding no other way, ultimately, complainant constrained to try
to make a request for cancellation of entire journey as opposite partys portal does
not allow cancellation for one-way journey, which opposite party pleased to accept in
a moment and promised to return back Rs. 48,420 approx. In next 5 working days in
lieu of complainants principal amount of Rs. 65,800, that too, without any cause
dictating their own verbal policy/principal. Interestingly, the cancellation/refund on
tickets was earlier denied by the opposite party stating the policy of XX AIRLINES,
vide the mail dated 04.10.2015 (copy annexed).
8. That very next day, i.e. on 05.10.2015, complainant received the credit information
thereby SMS from her fathers bankers that an amount of Rs. 37,350 has been
credited by opposite partys portal after cancellation of tickets in lieu of complainants
principal amount of Rs. 65,800 without any sufficient cause and justification.
9. That the complainant feels cheated by opposite partys esteemed company by
playing a fraud with criminal conspiracy and common intention to grab and swallow
the hard earned money of customers like us by misguiding and hiding the facts and
not providing the services as mentioned on opposite party portal & mails.

10. That the complainant is unhappy with the service meted out to her and her family
members and she stands on very firm legal ground in claiming remaining amount
along with interest, harassment, mental agony, compensation, court expenses etc ,
etc all at your cost, risk and responsibilities ensuing wherefrom, besides it, Criminal
Action you deserve before Police Authority for Cheating, Fraud with Malafide and
Common Intention just to misguide, cheat and swallow the hard earned amount of
Consumer/Applicants, all subject to the Delhi Jurisdiction only. This apathetic and
apparently deceitful attitude of the opposite party reflects its indifference to the
complainants plight.

11. That this Honble Forum has got pecuniary jurisdiction to entertain and try this
Complaint.
12. That this Honble Forum has got the jurisdiction to adjudicate and decide the same
as the opposite party have a branch office in Delhi and the cause of action also
arose in Delhi. Hence, the matter falls within the territorial jurisdiction of this forum.

13. That the Opposite Party have inflicted enormous amount of mental agony and
financial loss on the Complainant.

14. That the present complaint is within the limitation as prescribed under the Act
because the deficient service was provided to the Complainant by the Opposite
Party.

15. That the Complainant has not filed any such or similar complaint before Honble
Court. No such or similar complaint is pending adjudication before any competent
court of law.

PRAYER

It is, therefore, respectfully prayed that this Honble Court may kindly be pleased
to:-

i) Direct the opposite party to apologize for all the inconvenience caused to the
Complainant;

ii) direct the opposite party to make up for the mistake to refuse to refund the
remaining amount to the complainant on the pretext that the airline company has no
policy to refund or change the travel date.

iii) Pay a sum of Rs. 50,000/- towards the physical strain and mental agony suffered
by the Complainant and her family members; and

iv) Direct the opposite party to pay a sum of Rs. 11,000/- towards cost of this petition
as legal fee.

For which act of kindness, the Complainant shall, as is duty bound, ever pray.

Place - DELHI Complainant Name -

Dated

VERIFICATION

Verified, that the contents of Para nos. 1 to 15 of the complaint are true and correct
to the best of my knowledge. No part of it is false and nothing has been concealed
there from.

[Place]
 Dated:

Sign

Complainant Name

***SAMPLE AFFIDAVIT

I, _________ (Your Name) Daughter of /Son of ______________ Resident

of______________, the deponent, do hereby affirm and declare as under:
1. That the deponent is a complainant and residing at above address and living at Delhi
(or any other place as the case may be).
2. That the petition has been drafted and filed on the instruction of the complainant.
3. That the para no. ___ to ___ are true to the best of my knowledge and belief and
nothing material has been concealed therefrom.

Deponent
(TO BE SIGNED BY THE COMPLAINANT)

VERIFICATION

Verified at ______ (mention the place) on this ___ day of ___ 201_, (mention the
date) that the above Affidavit is true and correct to the best of my knowledge and
belief.