Chandigarh

DF-I

CC/266/2020

Amit Sharma - Complainant(s)

Versus

Air Asia Airlines - Opp.Party(s)

Shareen Jacob

22 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/266/2020
Date of Institution	:	6.8.2020
Date of Decision	:	22/8/2023

 

1.   Amit Sharma resident of House No.2517, Sector 22-C, Chandigarh.

 

… Complainant

V E R S U S

1.  Managing Director Air Asia Airlines, office address 405, K Surya Kiran Building 4^th floor, K.G. Marg, Delhi 110001.
2. Managing Director Make my Trip office address DLF Building No.5, Tower B DLF Cyber City, DLF Phase 2, Sector 25, Gurugram, Haryana 122002.

.  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		Sh. Shareen Jacob counsel for complainant.
		None for OP No.1 (Defence of OP No.1 already struck off)
		Ms. Kusum Kaushik vice counsel for Sh. Harsh Vardhan, counsel for OP No.2.

Per SURJEET KAUR, Member

1. Briefly stated, the complainant booked an online ticket from make my trip website on 25.11.2019 for travelling from Delhi Airport to Hyderabad Airport from OP No.2 for a sum of Rs.3,978/-.  It is alleged that before a day the flight was scheduled to travel the OPs vide email dated 7.12.2019 intimated the complainant cancellation of the flight scheduled to be depart from Delhi to Hyderabad thereby leaving no room for the complainant to book flight in reasonable value and the complainant had to book another flight which had cost him nearly Rs.8526/-. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed
2. Despite affording ample opportunity to file written statement  the OP No.1 failed to file the same within the stipulated period, hence, its defence was struck off vide order dated 20.1.2022.
3. OP No.2 in its reply stated that it merely acts as a facilitator for booking the confirmed air tickets/hotel bookings on behalf of its customers with the concerned service providers. It is averred that once the confirmed ticket is confirmed by the intended traveler and the tickets of the same are shared with the intended traveler, the OP No.2 is discharged from its obligations qua the said bookings. In case of any cancellation or rescheduling of the ticket the concerned airlines shall refund or reschedule the ticket or bookings in lieu of charges duly agreed upon at the time of making the bookings. Further in case of any other technical fault, lapse, change in prices, sell-outs, cancellation, pre-pones, postpones, no show or error in confirming/confirmed bookings, the airlines are liable to compensate the customer for the same. In addition to the User Agreement the intended traveler is also governed by the cancellation and refund policy of the concerned airlines, which prevail over the terms and conditions of the OP No.2 in case of any conflict. It is further averred that the Director General of Civil Aviation had issued guidelines dated 22.5.2008 whereby it directed the airlines to compensate the customers in the event of cancellation. Thus, the OP No.1 is liable to compensate the complainant for cancellation of bookings and not the answering OP.  All other allegations made in the complaint has been denied being wrong.
4. Opportunity to file rejoinder by the complainant was closed vide order dated 5.12.2022 as despite ample opportunity afforded the complainant did not file rejoinder.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The grouse of the complainant through the present complaint is that he booked a ticket from Delhi to  Hyderabad by paying Rs.3978/- on 25.11.2019 but the same was cancelled by Ops on 7.12.2019 just one day prior to the date fixed of the flight in question.  It was important  for the complainant to reach Hyderabad therefore, he bought another ticket at higher cost of Rs.8526/-, hence, praying through the present complaint for refund.
8. The stand taken by OP No.2  is that it is the duty of OP No.1 to compensate the complainant as it is only the platform for the booking of the ticket in question.
9. After going through the documents on record and during oral arguments it came forth that the refund was initiated on 24.12.2019 and the present complainant has been filed on 6.8.2020 i.e. after refund of the amount. Thus once the complainant has already received the refund of the ticket in dispute prior to filing of the instant complaint, he ceases to be a consumer. Thus the complaint being hollow and meritless deserves dismissal. 
10. In view of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member
22/8/2023
mp