O.Ps contested the case by filing written version assailing the maintainability of the case. Denying all allegations against them OPs state that the case of the complainant is misconceived, harassing, baseless, vague, frivolous and devoid of any merit and ought to be dismissed on such grounds. The OPs stated that the complainant had booked flight ticket on 22.02.2019 through online portal of OP1 for the sector CCU-BBI, (Kolkata to Bhubaneshwar) and the booking amount of INR 26,978/- got deducted from the complainant’s bank account but the OPs did not receive the payment, due to which the booking did not get confirm and the itinerary was not generated. When on 25.02.2019 the complainant called the Customer Care of the OP1 to get the details about the status of booking and complained about not receiving a copy of itinerary the Customer Care Representative of the OP1 guided the complainant to send his Bank Statement to the OP1 for conducting further enquiry. The OP1 finally received the payment on 25.02.2019 and the same reflected in their bank account on aforesaid date . After receiving the payment the OP1 considered the case at top priority and the itinerary was sent to the complaint confirming his booking on 26.02.2019. the complainant was irate by seeing the itinerary after 4 days of booking the air tickets with OP1 , since he had already booked another flight ticket with a different Airline due to delay in getting confirmation of his booking. Thereafter the complainant placed a request for a refund on 28.02.2019 and the same request duly processed by the OP1 on 01.030.2019 and INR 5,278/- was refunded to the complainant. However, the complainant was unhappy on getting a refund of just the cancellation amount as he was expecting a refund of the entire booking amount of INR 26,978/- .
We have travelled through all the materials on record produced by both the parties coupled with its annexure thereto and given a thoughtful consideration.
The admitted fact is that the complainant booked 7 air tickets through online from the OPs on 22.02.2019 for going to Bhubaneshwar from Kolkata on 24.03.2019 and paid an amount of Rs.26,978/- to them and the OPs conformed the booking and provided itinerary on 26.02.2019 to the complainant . The fact also remains that the complainant made several attempts to contact with the OPs to regarding the confirmation of the said booking. But on failure the complainant again purchased the air tickets from other airlines for same journey and requested the OPs to refund the booking money. On perusal of the documents furnished by the complainants it is found that on 25.02.2019 the complainant sent two emails to the OPs stating that:
“I tried to book for Bhubaneshwar from Kolkata for 24.03.2019 on 22.02.2019 . Amount debited from my Account 10415826249 Rs.26978.00 but booking not done. I am attaching the screenshot of amount debit page. Kindlyrefund the Amount.”
Again on 26.02.2019 and on 28.02.2019 the complainant sent several emails to the OPs Stating the dispute to the OPs and requested them to cancel the booking and to refundthefull amount .Photocopies of the bank statement furnished by the complainants also shows that on 22.02.2019 an amount of Rs.26,978/- was deducted from the complainant’s account bearing no. 10415826289 of The State Bank of India in favour of the OPs and on 01.03.2019 an amount of Rs. 5,278/- was refunded the amount via transfer from 599252162097 . The OPs also admitted that they have refunded said amount to the complainant after deducting the cancellation fee as per their terms and conditions.
Ld. Advocate for the OPs argued that while booking any ticket online with any airline, including AirAsia, he customer automatically agreed to the conditions of carriage of the airline. These conditions of carriage are related to various issues which may arise, including the cancellation of a flight ticket, without accepting such terms and conditions, any customer who is seeking to book a ticket cannot proceed to the final stage where one has to make the payment for buying the desired ticket.Photocopies of Terms and conditions of carriage for AirAsia (India) Limited 15 flights furnished by the OPs reveals that in the Article 2.2 it is mentioned:
Except as provided in these terms and conditions , in the event of inconsistency between these Terms and Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shallprevail.
In the Article 4.3.1 it is stated:
Refund: When passengers requests for a voluntary refund for an unused portion of the booking more than 4 hours prior to the Scheduled flight departure time, AirAsia (India) Limited in Accordance with this article after deducting the refund processing fee as per the Fee Schedule
Article 5.1 stated:
The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the itinerary. Once confirmed , thebooking may be cancelled and payments made shall be refunded in accordance with Article 4.3.1. In view of the abovementioned terms and conditions it appears to us that the complainant does not fall under these terms and conditions as these terms and conditions are applicable for the confirmed bookings of ticket as mentioned in the Article 5.1 by the OPs.
Photocopies of the Fees and Charges clarified the Flight Cancellation Fee wherein it is found that for 0-3 days days prior to departure date the Fee will be Rs.3500/- and for more than 3 days prior to departure date the cancellation Fee will be Rs.2900/- along with Convenience Fee of Rs200/-. The OPs submitted that
As per the cancellation policy, we cancelled the tickets as requested by the Complainant , as per the normal cancellation charges and processed the refund of INR5278.00
Total fare paid: 26,978.00
Cancellation charges: 2900 per passenger sector (total pax : 7) INR 2900*7 pax =20300
Nonrefundable convenience fee of INR 200 per passenger INR200*7 = 1400
26978- 20300-1400= 5278.00
There is no doubt that the bookings were made on 22.02.2019 and the confirmation from the OPs end came on 26.02.2019.The complainant informed the dispute to the OPs through emails as provided and instructed by the customer care person of the OPS on 25.02.2019,26.02.2019 and 28.02.2019. Therefore, in our view the aforesaid schedule of cancellation charges are not applicable to the complainant’s case. Ld. Advocate for the OPs submitted that the OPs did not receive the payment of Rs.26978/- made by the complainant on 22.02.2019 and the said amount in respect of the air tickets credited to them on 25.02.2019. The OPs annexed a photocopy of the transaction and refund details along with their WV. But, for this technical glitch how can be a consumer made responsible and suffered .The full payment was made by the complainant and he also tried to solve the dispute. But the OPs fall short on their part.
In view of the above discussion, we are of the opinion that the Ops are surely deficient to provide service to the complainant and allow themselves to indulge unfair trade practice too. Therefore, the complainant is entitled to get relief/reliefs.
As such, the complaint case succeeds.
Hence ,
ORDERED
That the case be and the same is allowed on contest against the OPs along with the litigation cost of Rs.20,000/- to be paid to the complainant within 30 days from the date of this order.
OPs are directed to pay jointly and severally the balance amount of Rs.21,700/- (Rupees Twenty One Thousand Seven Hundred) only together with an amount of Rs.50,000/- (Rupees Fifty Thousand) only towards compensation for causing harassment and mental agony to the complainant within the stipulated period.
Liberty is given to the complainant to put the case in execution if the order is not complied.
