D.O.F:07/09/2020
D.O.O:29/07/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.111/2020
Dated this, the 29th day of July 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Shreeshathaire
S/o Vasudevabhatthaire
Shree Shivashakthikrupalayam
Chattanchal, Near Thaire Temple Thekkil : Complainant
671541, Kasaragod
(Adv: T.C. Narayanan)
And
1. Air India Express Ltd.
Registered Office
1st floor, old Operations Building
Air - India Complex, Old Airport
Santa Cruz (East) Mumbai – 400029
2. Air India Express
Headquarters Office
Air - India Express Building,
Gandhi Square, D.H. Road, : Opposite Parties
Kochi – 682016, India
3. Air India Express Office
Mangalore Office Mangaluru International Airport Ltd
Kenjar, Bajpe Post, Mangaluru - 574142
Dakshina Kannada
Karnataka
(Adv: M.Gopikrishnan Nambiar)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The case of the complainant is that on 11/03/2020, he booked Air India Express flight ticket for travel to Dubai from Mangalore on 21/03/2020. He received confirmation, confirming flight number IX 383 by paying Rs. 8273,65/-. Thereafter the Flight is cancelled due to covid -19 crisis. He contacted Air India Express office and they affirmed to reschedule and subtitle with a new flight ticket without any penalty and denied refund of amount. Re-scheduling was not done and he lost his job at UAE. He was unemployed for 5 months the complainant is claiming refund of amount and compensation for Rs.5,00,000/-.
2. The Opposite Party filed their written version denying the allegations but admitted that complainant was a passenger scheduled to travel from Mangalore to Dubai on 21/03/2020. He paid Rs. 8273.65/- as ticket charges but due to outbreak of Covid -19 pandamic situation, Govt. of India as well as other countries restricted domestic as well as International travel. Due to restriction imposed by UAE Government , complainant is not allowed to travel. There is no deficiency in service or negligence from the part of the Opposite Party.
The complainant opted for full refund of the charges subsequent to booking was cancelled on 30/09/2020. The Opposite Party transferred the full booking amount to the travel agent Akbar online and intimated the complainant of the refund. The complainant is not entitled to any relief. No case of action or unfair trade practice from Opposite Party . The Opposite Party sought dismissal of complaint.
The complainant filed chief affidavit and cross examined as Pw1. Ext A1 to A4 marked. Ext A1 is the copy of ticket, Ext A2 is copy of Visa, Ext A3 is copy of e-mail request, Ext A4 copy of bank statement. The Opposite Party produced documents
marked as Ext B1 to B3. Ext B1 is copy of circular issued by UAE Government, Ext B2 is the Government of India restriction, Ext B3 is the refund of the ticker charges.
Point for consideration are:-
- Whether there is any deficiency in service from the part of Opposite Party
- Whether complainant is entitled for any compensation and if so for what reliefs?
3. On cross examination by Opposite Party, the complainant admitted the travel restrictions was imposed by the UAE Government and Government of India. The refund was delayed because Akbar Travels delayed refund and Akbar Travels is not made party. He could not travel due to UAE travel restrictions and not due to any act of the Opposite Party Covid – 19 pandamic situation from 15/03/2020 has shocked the whole world causing havoc lost. So many human life are lost and almost all countries suffered huge loss due to the unprecedented situation. Travel ban during the pandemic period has helped the public and citizens from serious damages to their lives. Pw1 fairly admitted that the situation is caused not due to any deficincy in service and the part of Opposite Party but only due to Covid pandemic situation. The Hon’ble Supreme court of India also held that in such cases parties are not entitled to claim any compensation. In pravasi legal cell and others Vs Union of India and others decided on 01-10-2020.
Corona Pandamic – cancellation or flights public Interest Litigation seeking direction for full refund of amount cancelled tickets of domestic and international flights.
In the particular case it appears that the complainant has already received the refund eligible and after refund he came with complaint for huge amount of compensation, for which he has not adduced any legal or acceptable evidence.
Considering the nature and circumstances of the case particulars the situation where the whole world suffered due to Covid- 19 the Opposite Party is not in any way
responsible for the inconvenience if any caused to the complainant due to restriction and admission of Pw1 that there is no intentional delay or negligence on the part of Opposite Party in not providing service. The claim for refund as well as compensation is here by rejected and complaint is dismissed without costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Copy of ticket
A2- Copy of Visa
A3- Copy of E- mail request
A4- Copy of Bank statement
B1- Copy of Circular
B2- Government of India restriction
B3- Refund of the ticket charges
Witness Examined
Pw1- Sreesha Thaire
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
