PUNE: The National consumer disputes redressal commission (NCDRC) in New Delhi has ordered the now defunct
Kingfisher Airlines to deposit Rs 25 lakh as compensation in the Government of India's Consumer Welfare Fund within six weeks, for adopting unfair means and practices while booking tickets for its fliers in March 2008.
A two-member NCDRC bench, comprising of presiding member V K Jain and member B C Gupta, held in an order on April 9 that the airline had adopted unfair means and practices, while selling tickets of the flights operated by its low-cost subsidiary, Deccan Aviation, from the website of Kingfisher Airline in year 2008.
A New Delhi-based practicing lawyer J K Mittal and Consumer Voice, an NGO for consumer case, had filed a consumer complaint before the NCDRC alleging that Kingfisher Airlines had indulged in unfair trade practices by booking tickets on its website for Kingfisher flights, which promised five-star premier services, but, asking passengers to travel by its low-cost subsidiary Deccan Aviation flights.
The complainants had furnished details of difference in the air ticket fares for the Kingfisher and Deccan Aviation flights for the relevant period in March 2008 and also the difference in services offered by the two airlines. They had claimed Rs 5 crore compensation besides cease and desist order restraining Kingfisher Airlines and Deccan Aviation from indulging in such unfair trade practices.
Mittal had booked air ticket for Delhi-Bhubaneshwar and return flighrs of Kingfisher Airlines on March 12, 2008 but, he was told at the airport that Kingfisher does not operate on the Delhi-Bhubaneshwar route and he will have to travel by Deccan Aviation flight for which he had to hire a taxi and go to other terminal at the Indira Gandhi airport in Delhi. The complainants accused the airline of deceiving flyers by way of wrongful representation.
The NCDRC bench, after going through the evidence on record and arguments from either sides, held, "The act and conduct of Kingfisher Airlines, in our view amounts to use of unfair trade practice, for the purpose of earning huge premium particularly from unwary fliers, on the price charged by Deccan Aviation for travelling on the same flights."
"Though, we do not know as to how many tickets of the flights operate by Deccan Aviation were sold by Kingfisher Airlines in the aforesaid manner, it cannot be dispute that the number of such tickets must be very large. Though, it is not known how much amount Kingfisher Airlines collected from the fliers in the aforesaid manner, it can be safely said it has to be huge amount. Considering all the facts and circumstances, we directed Kingfisher Airlines to deposit Rs 25 lakh as compensation in the Consumer Welfare Fund," the bench ruled.