DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/33/2022
Date of Institution: 25.01.2022
Date of Decision: 04.07.2024
Ashok Kumar aged about 48 years son of Ruldu Ram resident of Near Bus Stand, Shani Mandir Wali Gali, Barnala. …Complainant
Versus
1. AIR Canada, #111, Ansal Bhawan, #16, Kasturba Gandhi Marg, New Delhi-110001 through its Authorized person.
2. Chetan Kumar son of Pawan Kumar resident of #25, Near Ambey Complex, 22 Acre Scheme, Improvement Trust, Barnala.
…Opposite Parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Anuj Mohan Adv counsel for complainant.
Sh. Saurabh Singla Adv counsel for opposite party No. 1.
Sh. Nitin Bansal Adv counsel for opposite party No. 2.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari : Member
3. Sh. Navdeep Kumar Garg : Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against AIR Canada, #111, Ansal Bhawan, #16, Kasturba Gandhi Marg, New Delhi-110001 through its Authorized person & others (in short the opposite parties).
2. The facts leading to the present complaint are that the complainant wants to send his son namely Gaurav Kumar to Canada for further studies and for his bright future. The opposite party No. 2 is running a travel agency business and booked the Air tickets and the complainant contacted opposite party No. 2 for purchasing Air Ticket from New Delhi to Toronto (Canada) and for the said Air ticket the complainant had paid Rs. 20,000/- in cash to opposite party No. 2 on 11.1.2022 and Rs. 1,30,000/- in cash on 13.1.2022 and as such the complainant had paid a total amount of Rs. 1,50,000/- in cash to opposite party No. 2 for the Air ticket from New Delhi to Toronto (Canada). It is further alleged that the opposite party No. 2 told to the complainant that Air ticket has been booked for 16.1.2022 in Air Canada flight and the departure time of the flight from Indira Gandi International Airport, New Delhi, Terminal -3 was 00:45 and the arrival time of the said flight in Toronto (Lester B. Perason International, Airport) at 5:20 on 16.1.2022. The opposite party No. 2 further told to the complainant that you should reach at Indira Gandi International Airport, New Delhi, Terminal -3 in the evening on 15.1.2022 and opposite party No. 2 has also send whatsapp message from his mobile No. 98729-84081 to the mobile No. of complainant 85689-24000. The opposite party No. 2 has also given the print out of travel summary in which the date of departure has been mentioned as Sun 16 January 2022. It is further alleged that when the complainant alongiwith his son reached at Indira Gandi International Airport, New Delhi, Terminal -3 on 15.1.2022 at about 3:00 PM and inquired from the airport staff of Air Canada he was told that the said flight has already been departure/gone on 15.1.2022 at 00:45 and he was further told that your air ticket was on 15.1.2022 and not on 16.1.2022. After hearing the said facts the complainant and his son shocked which caused harassment, inconvenience and expenses. The complainant immediately contacted the opposite party No. 2, but he laughed at the complainant and offered no help. The complainant asked the staff of Air Canada to refund the airfare, but they also laughed at the complainant and offered no help. Thereafter, the complainant immediately purchased new Air Ticket for his son Gaurav Kumar from Over 7 Seas, Travel Agency, Bhadaur from New Delhi to Toronto (Canda) for 16.1.2022 in Air Canada and the complainant had paid an amount of Rs. 1,85,000/- for the said ticket and out of the said amount of Rs. 1,85,000/- an amount of Rs. 90,000/- was paid by the complainant through Google Pay and the remaining amount of Rs. 95,000/- was paid in cash. It is further alleged that the departure time of the flight from Indira Gandi International Airport, New Delhi, Terminal -3 was 00:45 and the arrival time of the said flight in Toronto (Lester B. Perason International, Airport) at 5:20 and booking Reference number is 2D5MJ7, Seat No. AC043 and Ticket No. 0146963700619. Even otherwise if the passenger missed his flight, he is entitled to get a refund of the airfare or the taxes which he has paid. Due to the above said act of the opposite parties the complainant suffered a lot of mental agony, harassment and financial loss. Thus, there is deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite parties may be directed to refund the amount of Rs. 1,50,000/- and also refund the amount of Rs. 35,000/- the excess amount which was paid by the complainant for the purchase of new air ticket alongwith upto date interest.
- To pay Rs. 2,00,000/- on account of compensation for causing mental agony and harassment to the complainant.
- Further, to pay Rs. 20,000/- as litigation expenses.
3. Upon notice of this complaint, the opposite party No. 1 appeared and filed written version by taking preliminary objections on the ground that the complaint is liable to be dismissed as there is no fault on part of the opposite party No. 1 Air Canada and there is no allegation that Air Canada has been deficient in services or has failed to perform the service. It is alleged that the entire fault lies upon the complainant as he did not reach the airport on time to catch the flight on January 15, 2022 at 00:45 in the morning. The complainant has not disclosed the true copy of the ticket under PNR No. 5KVIJ3 with Ticket No. 0146956501100 for travel from Delhi to Toronto on AC-43 at 12:45 AM on January 15, 2022. It is further alleged that since the complainant missed his flight and was a case of No Show, he was entitled to a refund of only the taxes and the same has already been refunded. The complainant also making a false allegation that he paid Rs. 1,50,000/- for ticket of January 15, 2022 as the said ticket was only for a sum of AUD 1749. The complainant also made a wrong statement that he purchased the Ticket of January 16, 2022 for Rs. 1,85,000/- whereas the fact remains that the said ticket was issued for Canadian Dollar CAD 1583. The opposite party No. 2 is not the agent of Air Canada. On merits, the opposite party No. 1 denied the averments of the complaint. It is alleged that as far as Whatsapp chats are concerned, the same is also denied as Air Canada is not aware about the contents of the chat and it was a chat between complainant and some unknown person. As such, there is no deficiency in service on the part of opposite party No. 1 and prayed for the dismissal of complaint.
4. The opposite party No. 2 filed separate written version by taking preliminary objections interalia on the ground that the complainant has not approached the Commission with clean hands. It is further submitted that the complainant through the answering opposite party has booked a ticket vide booking reference 5KVIJ3 for 15.1.2022 time 00:45 from New Delhi (Indira Gandhi Int. (Del), Terminal -3) to Toronto (Toronto- Pearson Int. (YYZ), Terminal -1) time 05.020 travelling time 15hr05 Economy in the flight of opposite party No. 1 of his son vide ticket No. 0146956501100 allotted seat No. AC043. The complainant has concealed the material facts from this Commission by annexing incomplete Whatsapp chat. It is the complainant who asked the answering opposite party to book the ticket for 15.1.2022. The Air Canada booking confirmation sent to the complainant on 13.1.2022 is for 15.1.2022 only. The present complaint is also not maintainable in law or facts as there is neither any deficiency in service on the part of opposite party No. 2 nor any unfair trade practice has been adopted by them. On merits, the opposite party No. 2 reiterated the averments as mentioned in the preliminary objections of the reply and denied the averments of the complaint and prayed for the dismissal of complaint.
5. The complainant filed rejoinder to the reply filed by the opposite party No. 1 and 2 vide which the complainant denied the averments as mentioned in the written reply of opposite party No. 1 and 2.
6. To prove the case the complainant tendered into evidence affidavit of complainant Ex.C-1, copy of Adhaar Card Ex.C-2, copy of Travel Summary Ex.C-3 (containing 5 pages), copy of Whatsapp message Ex.C-4, copy of Booking confirmation Ex.C-5 (containing 4 pages), copy of PayTM slip Ex.C-6 and closed the evidence.
7. To rebut the case of the complainant the opposite party No. 1 tendered into evidence affidavit of Arun Pandeya Ex.O.P1/1, copy of email Ex.O.P1/2 (containing 3 pages), copy of status report Ex.O.P1/3, copy of refund status Ex.O.P1/4 (containing 2 pages) and closed the evidence.
8. The opposite party No. 2 tendered into evidence affidavit of Chetan Kumar Ex.O.P2/1, copy of ticket confirmation Ex.O.P2/2 (containing 4 pages), copy of whatsapp chat Ex.O.P2/3 and closed the evidence.
9. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments filed by the complainant.
10. The complainant alleged in the complaint that the complainant wants to send his son namely Gaurav Kumar to Canada for further studies and he approached opposite party No. 2 for purchasing Air Ticket from New Delhi to Toronto (Canada) and the complainant had paid Rs. 20,000/- in cash to opposite party No. 2 on 11.1.2022 and Rs. 1,30,000/- in cash on 13.1.2022 and as such the complainant had paid a total amount of Rs. 1,50,000/- in cash to opposite party No. 2 for the Air ticket from New Delhi to Toronto (Canada). The complainant further alleged that the opposite party No. 2 told to the complainant that Air ticket has been booked for 16.1.2022 in Air Canada flight and opposite party No. 2 asked the complainant that you should reach at Indira Gandi International Airport, New Delhi, Terminal -3 in the evening on 15.1.2022 and opposite party No. 2 has also send whatsapp message from his mobile No. 98729-84081 to the mobile No. of complainant 85689-24000. The complainant further alleged that the opposite party No. 2 has also given the print out of travel summary in which the date of departure has been mentioned as Sun 16 January 2022. The complainant further alleged that when the complainant alongiwith his son reached at Indira Gandi International Airport, New Delhi, Terminal -3 on 15.1.2022 at about 3:00 PM and inquired from the airport staff of Air Canada he was told that the said flight has already been departure/gone on 15.1.2022 at 00:45 and he was further told that your air ticket was on 15.1.2022 and not on 16.1.2022. The complainant further alleged that the complainant immediately contacted the opposite parties, but they laughed at the complainant and offered no help. The complainant further alleged that the complainant immediately purchased new Air Ticket for his son Gaurav Kumar from another travel agent from New Delhi to Toronto (Canda) for 16.1.2022 in Air Canada and the complainant had paid an amount of Rs. 1,85,000/- for the said ticket and out of the said amount of Rs. 1,85,000/- an amount of Rs. 90,000/- was paid by the complainant through Google Pay and the remaining amount of Rs. 95,000/- was paid in cash. The complainant further alleged that if the passenger missed his flight, he is entitled to get a refund of the airfare or the taxes which he has paid.
11. On the other hand, the opposite party No. 1 alleged in the written statement that there is no fault on part of the opposite party No. 1 Air Canada and there is no allegation that Air Canada has been deficient in services or has failed to perform the service. It is further alleged that the complainant did not reach the airport on time to catch the flight on January 15, 2022 at 00:45 in the morning. The complainant has not disclosed the true copy of the ticket under PNR No. 5KVIJ3 with Ticket No. 0146956501100 for travel from Delhi to Toronto on AC-43 at 12:45 AM on January 15, 2022. The opposite party No. 1 further alleged that opposite party No. 2 is not the agent of Air Canada and the Air Canada is not aware about the contents of the chat and it was a chat between complainant and some unknown person.
12. On the other hand, the opposite party No. 2 alleged in the version that he admitted that the complainant approached the opposite party No. 2 for booking ticket and alleged that the complainant booked a ticket vide booking reference 5KVIJ3 for 15.1.2022 time 00:45 from New Delhi to Toronto in the flight of opposite party No. 1 of his son vide ticket No. 0146956501100 allotted seat No. AC043. The opposite party No. 2 further alleged that the Air Canada booking confirmation sent to the complainant on 13.1.2022 is for 15.1.2022.
13. We have carefully examined the evidence and documents produced by all the parties. The opposite parties specifically taken legal and preliminary objection of maintainability of complaint. Ld. Counsel for the opposite parties argued that the ticket was booked in the name of Gaurav Kumar. The opposite parties further argued that the complainant has failed to produce any document vide which it established that the payment for purchasing ticket was made by the complainant. Ld. Counsel for the opposite parties further argued that the complainant is not consumer of opposite parties. Ld. Counsel for the complainant argued that the complainant purchased the alleged ticket for his son by paying cash. But the complainant has failed to produce a single evidence to prove this fact. Without going to the merits of the present complaint it established that the complainant is not ‘consumer’ of opposite parties, as ticket was purchased by Gaurav Kumar and it presumed that the payment was also made by the said Gaurav Kumar. The complainant is not ‘consumer’ as defined under the Consumer Protection Act, 2019. Therefore, the present complaint is dismissed with no order as to cost. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
4th Day of July, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
