BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.02 of 2024

      Date of Instt. 02.01.2024

      Date of Decision: 31.05.2024

Ravideep Singh, Age:39 Years, S/o Gurjit Singh Resident of 64 Windsor Park Colony, Near DAV Engineering College, Jalandhar Distt. Jalandhar-144008 Mobile No:9960106068

..........Complainant

Versus

1.       Air India Block-04 Vatika One on One Sector 16 NH 48         Industrial Estate Gurugram (Haryana)-122007 Mob:          02142641407

2.       Yatra.com Gulf Abida, 4^th Floor, Plot No.272, Phase II, Udyog         Vihar, Sector 20, Gurugram, 122008, India Email:       intobservice@yatra.com

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Complainant in person.

                   OPs exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that a flight ticket of Air India airline was booked with Yatra.com on 31^st December 2019 traveling from Frankfurt-Delhi and then back from Delhi-Frankfurt. The flight ticket was booked for Shital Devtale, wife of the complainant with ticket No.0983755765507, PNR H15HD for an amount of Rs.47,997/-. The return flight from Delhi-Franfurt was scheduled on 22^nd March 2020. The flight was cancelled due to Nationwide Coronavirus lockdown and the Janta Curfew was announced by our respected Prime Minister. Several emails as well as calls were made to Air India by the complainant in 2020 to refund the amount for the cancelled flight. However, no response was ever received from Air India. Several emails were sent to Yatra.com in 2022 and 2023 to refund the amount for the cancelled flight. The response from Yatra.com dated 25.10.2022 stating that they are processing the request. The complainant tried again in 2023 to get the refund. A reply was received from Yatra.com dated 17.12.2023 stating that as per 2020 Covid Guidelines, refund is applicable for flights departing between 25.03.2020 and 24.05.2020 and the flight for which refund is asked was scheduled on 22.03.2020 and so it does not come within the specified dates. The flight on 22^nd March 2020 was cancelled due to the Corona Virus pandemic and Janta Curfew announced by respectable Prime Minister. Even after sending several emails to Air India and Yatra.com, no refund has been received for the cancelled flight. The complainant has suffered harassment, mental tension and financial loss and as such, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund flight charges Rs.24,000/- and cost of litigation Rs.10,000/- and Rs.50,000/- as compensation for causing mental tension and harassment to the complainant.

2.                     Notice of the complaint was given to the OPs, but despite service both the OPs failed to appear and ultimately, both the OPs were proceeded against exparte.

3.                In order to prove his respective version, the complainant himself produced on the file his respective evidence.

4.                We have heard the complainant only as OPs were already proceeded against exparte and have also gone through the case file very minutely.

5.                The case of the complainant is that the complainant has booked a flight ticket of Air India with Yatra.com on 31.12.2019 for his wife travelling from Frankfurt to Delhi and then back from Delhi to Frankfurt, which is evident from Ex.C-1. The return flight from Delhi to Frankfurt was scheduled on 22.03.2020. The flight was cancelled due to Nationwide Coronavirus lockdown and the Janta Curfew was announced by the Prime Minister. Several emails as well as calls were made to Air India by the complainant in 2020 to refund the amount for the cancelled flight. No response was ever received from Air India and also several emails were sent to yatra.com in 2022 and 2023 to refund the amount for the cancelled flight, which is evident from Ex.C-2 and Ex.C-3. The response from Yatra.com dated 25.10.2022 stating that they are processing the request. The complainant again tried in 2023 to get the refund and were received a reply from Yatra.com on 17.12.2023 as Ex.C-4 whereby stating that as per the 2020 Covid Guidelines, refund is applicable for flights departing between 25.03.2020 to 24.05.2020 and the said flight for which refund is asked was scheduled on 22.03.2020. So it does not come within the specified dates. But to rebut the OPs version, complainant has placed a copy of guidelines issued by the Prime Minister of India on 19.03.2020 by which Janta Curfew was imposed on 22.03.2020 and people were advised not to come out of homes, meaning thereby there was no fault of the complainant. The guidelines nowhere say that the refund should be from applicable from 25.03.2020 rather it must be from 22.03.2020, the day when the Jatna Curfew was imposed. Even after sending several emails to Air India and Yatra.com, no refund has been received by the complainant for the cancelled flight.

6.                On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-4.

7.                After hearing the learned counsel for the complainant and going through the case file very minutely, it is clear that on 22.03.2020, a Janta Curfew was imposed in India. As per Prime Minister people were advised not to come out from their homes that is why complainant could not get the flight and OPs are deficient in their services for not refunding the amount of cancelled flight even after so many calls and emails made by complainant. So, the complaint of the complainant is partly allowed and OP No.1 is directed to refund the amount of cancelled flight ticket of Rs.24,000/- with interest @ 6% per annum from the date of cancelled flight till realization. Further, OPs are directed to pay a compensation alongwith litigation expenses of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

31.05.2024           Member                        Member              President