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2010 DIGILAW 358 (MP)

AIR DECCAN v. Gulab Chand Jain

2010-03-25

NEERJA SINGH, PRAMILA S.KUMAR, S.K.KULSHRESTHA

body2010
JUDGMENT : As per S.K. Kulshrestha, J. (President) : - This appeal is directed against the order dated 25-1-2008 passed by the District Forum, Jabalpur in Case No. 405/2007. 2. The complainant-Gulab Chand Jain approached the District Forum complaining that he had purchased tickets from opposite party-The Air Deccan for 1 adult and 2 children to travel from Delhi to Jabalpur. When he wanted to reschedule his flight the Airline charged from him the full fare and full fare for his children. This was a clear case of deficiency in service. 3. The opposite party-Air Deccan took the defence that a Dyna fare policy was introduced by most of the airlines in which the consumer has to opt for it. As per the system first ticket purchased by any passenger is the lowest fare and the last ticket purchased is the highest. Under these circumstances, if the passenger wanted to reschedule his flight then he is not entitled to the concession extended earlier as he forfeits his rights and he has to buy his tickets on payment of fare applicable at that time. The terms and conditions under which the said ticket is issued inter alia provides that Air Deccan has a single fare policy for adults and children on all its flights. There are no differential fares for children. It is also mentioned in the terms and conditions that the passenger is allowed to modify the flight, the sector, the route and the date of travel on his ticket along with payment of a rescheduling fee and the fare difference. Since the ticket was in the system of Dyna fare and rescheduling was sought, the airlines has not erred in charging the amount of the difference on the basis of the value of the ticket. We, therefore, find merit in this appeal. 4. Accordingly, the appeal is allowed and the order passed by the District Forum is set aside.