DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No. 207 of 9.9.2020

Decided on : 12-06-2023

1. Chhinder Pal Kaur Bhuttay W/o Lachman Singh R/o H. No 20225, Street No. 16, Prinda Road, Guru Teg Bahadur Nagar, Bathinda.

2. Lachman Singh R/o H. No. 20225, Street No. 16 Prinda Road, Guru Teg Bahadur Nagar, Bathinda.

........Complainants

Versus

1. Air China, Unit No. 702, Vatika City, Point Sector 25, M.G. Road, Gurgaon.

2. Parveen Arora, Skyways Air Tickets, Guru Kashi Marg, G.T Road, Bathinda.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Sh. Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Sh. Updeep Singh, Advocate.

For opposite parties : Exparte

ORDER

Lalit Mohan Dogra, President

1. The complainants Chhinder Pal Kaur and another (here-in-after referred to as complainants) have filed this complaint 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Air China and another (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainants is that the complainant Chhinder Pal Kaur Bhuttey and her husband Lachman Singh purchased Air Tickets of the Air Line of Air China for going to Vancouver (Canada) and both the complainants also purchased return Tickets of Air China and subsequently both the complainants travelled to Vancouver (Canada) in the Air Plane of Air China.

3. It is alleged that complainants were to return from Vancouver to Delhi on 27 of March 2020, but when they reached at Air Port to board the flight for return journey, they were informed by the Air lines i.e. Air China that the flight is cancelled and will go on 29 March 2020. The Complainants went to Air Port again on 29 March 2020 but to the utter surprise of the complainants they were informed by the Air Line Staff of Air China that the flight from Vancouver to Delhi has been cancelled. The complainants alleged that they had to face harassment and hardship besides financial loss and had to spent extra money to buy tickets of another Air Line in order to reach Delhi.

4. It is alleged that the complainants repeatedly requested Air China to refund the the half Amount of Rs. 77,400/- i.e. return Ticket but the Air line did not pay any heed to the request of the complainants and have not returned the amount due towards the Air line i.e. Air China which amounts to deficiency in service on the part of Air China. The complainants also got served legal notice in this regard, but to no effect.

5. On this backdrop of facts, the complainants have prayed for directions to the opposite parties to refund the amount of 77,400/- being the amount of return tickets with interest @24% p.a. and pay compensation to the tune of Rs. 3,00,000/- for mental agony, pain and harassment.

6. Registered A.D. Notice of complaint was sent to opposite parties but none appeared on their behalf. As such, exparte proceedings were taken against the opposite parties.

7. In support of their complaint, the complainant No. 2 has tendered into evidence his affidavit dated 8-9-2020 (Ex. C-2) and documents (Ex.C-1, Ex. C-3 to Ex.C-5).

8. The learned counsel for the complainants has argued that complainants had booked tickets of opposite party No. 1 Airlines for going to Vancouver (Canada) and accordingly they travelled to Vancouver through a plane of opposite party No. 1. The complainants were to return back on 27-3-2020 but boarding was declined and was reportedly rescheduled to 29-3-2020 but on 29-3-2020, the complainants were informed that flight from Vancouver to Delhi has been cancelled. It is argued that complainant suffered harassment and had to book tickets of some other Airlines and has demanded back the cost of tickets i.e. Rs. 77,400/- from the opposite parties.

9. We have heard learned counsel for the complainants and gone through the record.

10. A perusal of file shows that there is no record that aforesaid payment was made by complainants to opposite party No. 2. However, complainants have placed on record e-mail of opposite party No. 1 whereby they have replied that complainants can apply for refund through original tickets website or the sale department from where tickets were bought meaning thereby that opposite party No. 1 admitted to have cancelled the flight. However, this Commission is of the view that opposite party No. 1 has nowhere claimed that it has refunded the amount to seller of tickets to enable the complainants to lodge request for refund meaning thereby that said amount is still lying with opposite party No. 1. Moreover, the opposite party No. 1 has not denied to have received the amount rather is suggesting some other mode to the complainans to seek refund. Therefore, the complainants are definitely entitled to refund of the said amount. Accordingly, deficiency in service on the part of opposite party No. 1 is duly proved on record.

11. Resultantly, this complaint is partly allowed against opposite party No. 1. The opposite party No. 1 is directed to refund the amount of Rs. 77,400/- to complainants alongwith interest @9% p.a. w.e.f. 27-03-2020 till realization. The opposite party No. 1 is also held liable to pay Rs. 5,000/- as compensation for mental tension and harassment and cost of litigation.

12. The compliance of this order be made by opposite party No. 1 within 45 days from the date of receipt of copy of this order.

13. The complaint could not be decided within the statutory period due to heavy pendency of cases.

14. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced:-

    12-06-2023 (Lalit Mohan Dogra)

    President

     

    (Shivdev Singh)

    Member