Chandigarh

DF-I

CC/824/2021

Dr Anand Gupta - Complainant(s)

Versus

Air India Express Limited - Opp.Party(s)

Sumeet Singh Brar

04 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/824/2021
Date of Institution	:	26/11/2021
Date of Decision	:	04/09/2023

 

Dr. Anand Gupta age about 41 years s/o Bhudev Gupta r/o #1224A, Sector 32B, Chandigarh.

… Complainant

V E R S U S

1. Air India Express Limited, First Floor, Old Operations Building, Airlines House, Durbar Hall Road, Kochi, Kerala through its authorised signatory.
2. Air India Express, 1^st Floor, Old Operations Building, Air India Complex, Old Airport, Santa Cruz (East), Mumbai 400029.
3. Clear Trip, Unit No.1, Ground Floor, DTC Building, NM Joshi Marg, Delisle Road, Lower Parel (E), Mumbai through its authorised signatory.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                                                               

ARGUED BY	:	Sh. Sumeet Singh Brar alongwith Sh. Amandeep Singh Nirman, Advocates for complainant
	:	Sh. Daksh Prem Azad, Advocate for OPs 1 & 2
	:	Sh. Atul Sharma, Advocate for OP-3.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Dr.Anand Gupta, complainant against the aforesaid opposite parties (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that on 2.3.2020, complainant had booked a round trip flight for himself and his sister from Delhi to Madurai through OP-3 website for departure on 2.4.2020 and return on 6.4.2020.  The complainant had paid total amount of ₹21,936/- including ₹900/- as convenience fee vide receipt (Annexure C-1). Aforesaid said tickets were confirmed by OPs through emails (Annexure C-2 & C-3) showing separate fare from Delhi International Airport to Madurai International Airport for 2.4.2020 as ₹9,888/- whereas from Madurai International Airport to Delhi International Airport for 6.4.2020 as ₹11,148/-. Due to COVID-19 situation, complainant approached the OPs vide email (Annexure C-4) regarding the status of his tickets and to postpone the travel dates due to lockdown all over the country. On 27.3.2020, complainant received email message (Annexure C-5) from OPs 1 & 2 that the booked tickets had been cancelled in view of COVID-19 situation and allowed him one time date change without any fee.  After assessing the situation of COVID-19 pandemic, complainant requested OPs 1 & 2 through email (Annexure C-6/1) to refund the full amount after cancellation of the same and on 8.4.2020 he received reply (Annexure C-6) that they cannot process full refund and can allow one date change without any fee. However, on 20.10.2020, the complainant received email (Annexure C-7) from OP-3 that the ticket has been cancelled and refund will be processed in 4-6 business days.  On 7.11.2020, complainant came to know that partial refund of ₹19,636/- has been processed and received through OP-3.  Complainant was shocked to see ₹2,300/- has been deducted by the OPs despite of the fact that cancellation was by the airline and not by the complainant.  On checking, the complainant found that the OPs have deducted ₹700/- each for two PNRs i.e. ₹1,400/- and ₹900/- as convenience fee, which was wrongly deducted by them.  In this manner, the aforesaid act on the part of OPs amount to deficiency in service. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs resisted the consumer complaint and filed their separate their written versions.
3. In their written version, OPs 1 & 2 took preliminary objections of maintainability and suppression of facts. On merits, admitted the booking of the aforesaid tickets for the relevant date by the complainant with the answering OPs/airline.  However, it is alleged that the convenience fee has been retained by the travel agent/OP-3 and it has nothing to do with the OP/airline.  It is further alleged that whatever amount had been received by the answering OPs, the same was processed to the original mode of booking i.e. Clear Trip (OP-3) account in October 2020 itself.  The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
4. In its written version, OP-3 took preliminary objections of maintainability and suppression of facts.  However, it is admitted that the complainant got the aforesaid tickets booked through the answering OP and the same were confirmed for the dates as per booking.  It is further alleged that later on the said tickets were cancelled and refund of the amount was initiated and the same was refunded in the account of complainant. The present consumer complaint has been filed by the complainant only to harass the answering OP, who is an intermediary and whose function is solely to assist its customers in gathering the travel information, determine the availability of travel related products and services, making reservation etc. and OP-3 is not the final supplier of services.  It is further alleged that there is no deficiency in service on the part of the answering OP as alleged by the complainant.  The cancellation of flight or its booking and the finalization of refund thereof by OPs 1 & 2 cannot be construed as deficiency in service on the part of the answering OP. On merits, the facts as stated in the preliminary objections have been reiterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
5. In rejoinder, complainant re-asserted the claim put forth in the consumer complaint and prayer has been made that the consumer complaint be allowed as prayed for.

2. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully, including the written arguments.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the complainant got two tickets from Delhi International Airport to Madurai International Airport for 2.4.2020 and return ticket from Madurai International Airport to Delhi International Airport for 6.4.2020 and had paid an amount of ₹21,936/- and all the tickets were confirmed as per the booking schedule and due to COVID-19 situation, flights for scheduled date were cancelled, which was duly intimated to the complainant, and further that out of the total amount of ₹21,936/- an amount of ₹19,636/- was refunded to the complainant and later on an amount of ₹900/- was also refunded and in this manner total amount of ₹20,536/- was refunded to the complainant and an amount of ₹1,400/- was not refunded to him, the case is reduced to a narrow compass as it is to be determined if the OPs have wrongly retained an amount of ₹1,400/- and have not refunded the same to the complainant and the said act of the OPs amounts to deficiency in service and the complainant is entitled to the reliefs prayed for in the consumer complaint, as is the case of the complainant, or if OP-3 had received and retained the aforesaid amount of ₹1,400/- from the complainant and has not refunded the same to him and the consumer complaint of the complainant is not maintainable against OPs 1 & 2.
   2. In order to prove the fact that the aforesaid amount of ₹1,400/- i.e. ₹700/- for each passenger has been retained by OP-3, OPs 1 & 2 have tendered the documents showing the details of the refund of full amount received by OPs 1 & 2 (excluding the transaction fee of ₹700/- per booking, which has been retained by the travel agent). Not only this, it is further clear from the details submitted by OPs 1 & 2 that for PNR GAWMGT ₹700/- and for PNR INXRYB ₹700/-, totaling ₹1,400/-, was retained by the travel agent (OP-3) from the passenger and the same was not paid to the airline. 
   3. However, OP-3 could not lead any evidence to rebut aforesaid documents showing that the said amount of ₹1,400/- was paid to the airline (OPs 1 & 2) and the same has not been refunded by the airline to it, especially when it is an admitted case of parties that the entire refund process was initiated by OPs 1 & 2 by transferring the amount in the account of OP-3, through whom the tickets were booked and the complainant was accordingly intimated that refund has been processed back to the original mode of booking i.e. Clear Trip deposit account. 
   4. In this manner, as it stands proved on record that the aforesaid amount of ₹1,400/- has been retained by OP-3, which was never paid to the airline/OPs 1 & 2, it is OP-3 who is only liable to refund the same to the complainant and non-refund of the said amount by OP-3 to the complainant, despite of cancellation of the tickets due to COVID-19 situation, certainly amounts to deficiency in service on its part and the present consumer complaint deserves to succeed against it.  However, as no deficiency in service or unfair trade practice has been proved against OPs 1 & 2, the consumer complaint against them stands dismissed with no order as to costs. 
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP-3 is directed as under :-

1. to refund the amount of ₹1,400/- to the complainant alongwith interest @ 9% per annum from the date of booking of the ticket i.e. 2.3.2020, till realization of the same.
2. to pay an amount of ₹7,000/- to the complainant as compensation for causing mental agony and harassment to him.
3. to pay ₹7,000/- to the complainant as costs of litigation.

5. This order be complied with by OP-3 within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed of accordingly.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 04/09/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Surjeet Kaur] Member