SMT. RAVI SUSHA: PRESIDENT
Complainant filed this complaint U/s 35 of Consumer Protection Act 2019 for getting an order directing opposite party a) To refund the ticket fare of Rs.9,000/- towards the cancellation of flight b) To pay an amount of Rs.50,000/- towards compensation for mental agony and c) To pay the cost of this proceedings.
The case of the complainant is as follows:- The complainant is working at Muscat as Electrical Engineer. On 28/02/2020 he reached Kannur on leave. He has taken return ticket to depart on 14/03/2020. Due to some personal matters he has extended the return date from 14/03/2020 to 23/03/2020. For that he had to pay extra amount also. But due to covid pandemic situation there was some confusion regarding the flights and the complainant send an e-mail to the OP enquiring about the status of the flight. But they have not sent any reply. So the complainant contacted the office of the OP and they informed him that the flight No. IX-713, in which the complainant was to travel, has been cancelled. So the complainant asked about the refund of the ticket charge and they told him that full amount will be refunded, but it will take short time. Total amount towards the ticket fare he has spend was Rs.9,000/-. On 04/04/2020 the complainant again contacted the OP through e-mail asking about refund. But there was no response from the OP. The complainant several times contacted the OP and on 27/01/2021 they send e-mail to the complainant stating that the refund amount will be processed to the cardholder’s account shortly. So the complainant had waited for the refund amount. But as no amount was credited the complainant several times sent mails to the OP. Although the complainant received mails from the OP about the processing of refund, he has not received the amount till this date. Hence filed this complaint.
OP entered appearance and filed a version contending as follows:-
The complaint is not maintainable as there is no act amounting to deficiency of service, unfair trade practice or negligence from the part of the OP herein. It is submitted that the complainant was a passenger of this OP airlines. He had booked tickets for travelling from Muscat to Kannur on flight No. IX 714 on 27/02/2020 and thereafter, return ticket from Kannur to Muscat on flight No. IX 713 on 14/03/2020. The complainant travelled from Muscat to Kannur on 27/02/2020. Thereafter, on 11/03/2020 the complainant for reasons best known to him change the return journey date from 14/03/2020 to 21/03/2020. It is submitted that as per terms and conditions of the airlines, in order to carry out date change, a passenger is required to remit a modification amount. Thus, in the present case the complainant paid an amount of Omani Rial 10.550 for date change. Thus, his return journey date was successfully changed to 21/03/2020. It is submitted that by the year of 2020, the spreading of covid -19 was on the rise and the governments all over the world were taking various measurements to contain the spreading of the virus. Numerous rules/ restrictions were imposed by various governments upon the air travels to and from their countries. On 17/03/2020 the Oman’s Civil Aviation regulatory body i.e. Public Authority for Civil Aviatiion issued a circular to all airlines, whereby the entry for passengers to Sultanate of Oman was limited to Omani Citizens alone. The said restriction was put into effect on 18/03/2020. Thus, as on 18/03/2020, only the citizens of Oman were permitted entry into the Sultanate of Oman. Therefore, in pursuance of the circular, though the flight IX 713 operated from Kannur to Muscat on 21/03/2020, only Omani Citizens were allowed to travel. It is submitted that the flight operated on 21/03/2020, however, the only Omani Citizens were permitted to travel. Further submitted that the averment that the complainant asked for the refund of the ticket and they told him that full amount will be refunded is incorrect and hence denied. The averment that Rs.9,000/- was spent towards ticket fare is incorrect and hence denied. Further submitted that the complainant contacted the OP asking about refund on 04/04/2020 through email and a reply was sent back by the OP on the same day itself mentioning full refund cannot be processed, however he can modify the booking for future travel without any modification penalty. Thereafter, considering the situation the refund process was initiated and on 27/01/2021 an email was sent to the complainant stating that refund will be processed to the cardholder’s account. Further the averment that the complainant has not received any amount till date is incorrect and hence denied. It is submitted that after the complainant was unable to travel on 21/03/2020, and he was offered free date change fee facility for his booking. The booking was cancelled as per the complainant request on 27/01/2021. Thereafter, on 21/08/2021 the ticket amount for journey from Kannur to Muscat amounting to OMR 45.781 (equivalent INR 8180.11), after reducing the modification charges, were remitted to the account of the complainant through which the booking was made. The further averment that the negligent act of the OP has caused severe mental agony and hardships to the complainant and on that account the OP is liable to pay compensation of Rs.50,000/- is incorrect and hence denied and prayed for the dismissal of complaint.
Complainant filed affidavit and the documents Ext.A1 to A4. Ext. A1 is the flight ticket and Ext.A2 series E-mail communications between complainant and OP. Ext.A3 and A4 are the bank account statement of complainant through which booking was made. Complainant was subjected to cross examination for OP. From the side of OP no oral evidence adduced, one document the circular issued by Oman’s civil aviation regulatory body produced, which was marked as Ext.B1
After that the learned counsels of both parties placed oral submissions.
The question that decides in the present case as to whether OP refund the flight ticket charge to complainant and whether there is deficiency in service on the part of OP?
The undisputed facts are that the complainant was a passenger of the OP airlines. He had booked tickets for travelling from Muscut to Kannur on flight No. IX714 on 27/02/2020 and thereafter, return ticket from Kannur to Muscat on flight No.IX713 on 14/03/2020. It is also admitted that complainant travelled from Muscat to Kannur on 27/02/2020 and on 11/03/2020 he changed the return journey date from 14/03/2020 to 21/03/2020. Further the complainant paid extra amount for 2nd ticket and changed to 21/03/2020.
Complainant alleged that due to covid 19 pandemic situation there was some confusion regarding the flight, complainant sent an e-mail to OP enquiring about the status of the flight. But they have not sent any reply. So the complainant contacted the office of the OP and they informed him that the flight No. IX-713, in which the complainant was to travel, has been cancelled. For getting the refund of ticket fare, he contacted the OP many times through e-mail but there was no response from the OP. According to learned counsel for the OP, due to spreading of covid 19 by the year of 2020, on 17/03/2020 the Oman’s Civil Aviation regulatory body issued a circular to all airlines, where by the entry for passenger s to Oman was limited to Omani citizens alone. Therefore though the flight No. IX 713 operated from Kannur to Muscat on 21/03/2020, only Omani Citizens were allowed to travel. Further submitted that OP informed to complainant in reply to the e-mail of dated 04/04/2020 that full refund cannot be processed, in alternate he can modify the booking for future travel without any modification penalty and as per the request of complainant, OP remitted the ticket amount after reducing the modification charges, to the account of the complainant through which the booking was made.
We have considered the submission put forward by the Learned counsel for OP and have gone through the materials on record available before us.
Through Ext.A1 complainant proved that he had booked Air ticket from Muscat to Kannur (on 27/02/2020) and return ticket from Kannur to Muscut (on 21/03/2020) on 24/01/2020. Ext.A1 also shows that complainant had paid charges for special services, optional extras and also penalty fee for booking the 2nd ticket. Ext.A2 series reveal that complainant has sent e-mail communication to OP for refund request on 28/01/2021 and sent final remainder on 23/04/2021. It is also revealed that the reply of OP to the e-mail dated 23/04/2021 was ‘the refund amount will be processed to the card holder’s account shortly’. So Ext.A2 series clearly evident that till 23/04/2021 OP had not refund the ticket fare to complainant’s account. Further Ext.A3 and A4 shows that the refund amount was not credited by OP to complainant’s account maintained in Muscat through which he had made booking of flight tickets. Here it is seen that OP failed to prove that they had made refund ticket amount to the complainant’s account. Mere raising of such contention cannot be believed and hence the said contention of OP cannot be accepted. Further, from the facts of this case, it is evident that the flight ticket of complainant had to be cancelled by the OP. So the plea taken by OP not to refund the fare in full to the complainant also cannot be accepted. OP’s contention that complainant is eligible only to get ticket amount after reducing the modification charges does not hold fair procedure. OP has to refund full ticket amount to complainant pertaining to the 2nd ticket ie Rs.9,000/-. We are of the view that the allegation put forward by the complainant has been duly substantiated from the materials on record and as such there is deficiency in service on the part of OP.
In the result complaint is allowed in part. Opposite party is directed to refund full ticket amount ie Rs.9000/- to the complainant with 4% interest from the date of complaint till realization. Opposite party is also directed to pay Rs.10,000/- as compensation pay Rs. 10,000/- as compensation and Rs.5,000/- towards cost of the proceedings of their complaint. OP shall comply the order within one month from the date of receipt of this order failing which the amount Rs.9000/- carries interest @ 9% per annum from the date of complaint till realization. Complainant is at liberty to execute the order as per provisions in Consumer Protection Act 2019.
Exts.
A1- Flight ticket
A2(series)-E-mail Communications
Ext.A3 and A4 -The bank account statement of complainant
Pw1-Complainant
B1- The circular issued by Oman’s civil aviation regulatory body
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
