By Sri. MOHAMED ISMAYIL C.V, MEMBER
The grievance of the complainant is as follows:-
1. It is averred by the complainant that the second and third complainants had purchased two flight tickets from the opposite party scheduled to fly on 15/04/2020 from Ras Al Khaimah to Kozhikode. The second and third opposite parties are the father and mother of the first complainant. It is further averred that the first complainant also had purchased another flight ticket from the opposite party scheduled to fly on 25/04/2020 from Kozhikode to Abu Dhabi. But due to Covid-19 pandemic protocol related restrictions flights were cancelled. So the first complainant demanded refund of flight tickets charges from the opposite party. The opposite party did not refund the flight tickets charge but directed to reschedule the journey within the period of March, 2021. The complainant has averred that visas of the second and third complainants were cancelled and there would be no return trip required for them. It is also averred by the complainant that the opposite party had informed that penalty would be applicable if the complainants want cancel and refund of flight tickets. It is also alleged by the complainant that the opposite party did not properly respond to the queries of the complainant issued through email. The opposite party got no right to collect any amount for unused flight tickets purchased by the complainants. The flights were cancelled due to Covid-19 pandemic related protocol and the complainant had no role in the cancellation of flights. The acts of the opposite party caused financial loss to the complainants and also suffered mental agony and hardship. So the complainant prayed for a direction to the opposite party to pay Rs. 2,00,000/- (Rupees Two lakh only) to the complainants as compensation for the loss of money and sufferings of mental agony and hardship.
2. The complaint is admitted and issued notice to the opposite party. The opposite party appeared and filed version.
3. It is contended by the opposite party that the complainant has approached the Commission with unclean hands and suppressed material facts. There is no deficiency in service or unfair trade practice from the side of the opposite party and denied allegations raised in the complaint. The opposite party has contended that the complaint is bad for non-joinder of necessary party as the tickets have been booked through travel agents and those agents are necessary parties to the proceedings. The opposite party contended that refund of Rs. 6,368.67/- has been made in favour of the third complainant. It is stated that due to Covid-19 Pandemic related protocol travel ban was introduced by the countries. The office of the Director General of Civil Aviation of Government of India by notification dated 19/03/2020 cancelled all international commercial passengers’ services to and from the country. The said restrictions were extended by notification dated 26/03/2020 and 14/04/2020. As notification dated 14/04/2020 all scheduled international commercial passenger services were ordered to remain closed till 03/05/2020. Similar travel restrictions were also imposed by the UAE Government. So the flights scheduled to travel by the complainant could not take off. It is stated by the opposite party that the tickets fare of the first complainant amounting to Rs. 11,263.52/- was remitted on 14/07/2021 to the account through which the ticket was booked. Since the ticket of the third complainant was booked through a travel agent named Akbar Travels Online, the ticket fare amounting to Rs.6,368.67/- was processed to deposit in account of travel agent on 20/10/2020 and same was informed to the travel agent and requested to process the same to the account of the passenger. It is also stated by the opposite party that on 22/07/2021, the travel agent had informed the third complainant through email with regard to refund of amount. The first complainant requested the opposite party that refund of the ticket fare of the second complainant could be transferred to his account in UAE as the second complainant had already left UAE. Accordingly the full amount of ticket fare i.e, AED 297.68/- transferred to the UAE Bank account of the first complainant on 25/07/2021. The process of refund was informed to the first complainant on 09/07/2021 and on 14/07/2021 through email. It is stated by the opposite party that all flights of the opposite party were not functioned due to Covid -19 pandemic related restrictions as a result financial stringency was affected to them. The Hon’ble Supreme Court of India has allowed the airlines including the opposite party a time period for effecting refund of the amount paid by the passengers and agents for flight tickets. Therefore the Commission cannot travel beyond the same and grant any interest or compensation to the complainants. The opposite party did not commit deficiency in service or unfair trade practice or negligence towards the complainant. Hence the opposite party prayed for dismissal of the complaint. Moreover the complainant is not entitled for any reliefs sought for in the complaint.
4. The first complainant had filed an application numbered as IA 467/2022 to implead his father and mother as the supplemental complainants in the proceedings. The Commission allowed the application and impleaded them as the second and third complainants. The first complainant and the opposite party filed affidavits in lieu of evidence. The documents produced by the complainant is marked as Ext. A1 to Ext.A5 documents. Ext.A1 series documents are the copies of flight tickets issued by the opposite party in favour of the complainants. Ext.A2 document is the copy of email dated 11/06/2020 sent by the first complainant requesting refund of tickets fare from the opposite party. Ext.A3 document is the copy of email communication dated 13/06/2020 of the opposite party informing the first complainant that penalty will be applicable if opt for cancellation of flight tickets by the complainants. Ext. A4 document is copy of email dated 14/06/2020 communicated by the first complainant with regard to his complaint over the remark of penalty made by the opposite party. Ext.A5 document is the copy of report published in Gulf news.com with regard to the scheme announced by different aviation companies in the world to refund or reschedule of tickets offered to the passengers during the time of Covid-19 pandemic. The documents produced by the opposite party is marked as Ext.B1 to Ext.B6 documents. Ext.B1 document is the copy of letter of authorisation given by the opposite party to its Sales Officer named Mr.Rajesh.R to conduct the case before the Commission. Ext.B2 document is the copy of screenshot of the internal software showing refund of money to Akbar Travels from where the third complainant had purchased flight ticket. Ext.B3 document is the copies of email communication made between the opposite party and representative of Akbar Travels. Ext.B4 document is the copy of email communication made between the opposite party and the first complainant showing the process of refund of tickets fare. Ext.B5 document is the copy of cheque issued to the first complainant by the opposite party in connection with refund of ticket fare. Ext.B6 document is the copy of circular dated 07/10/2020 issued by office of Director General of Civil Aviation, New Delhi.
5. Heard both sides in detail. Perused documents and affidavits thoroughly. The Commission considered the following points to adjudicate the matter.
- Whether the opposite party has committed deficiency in service towards the complainant.
- Relief and cost .
6.Point No.(i) :-
It is averred in the complaint that the complainants had purchase 3 flight tickets from the opposite party. The complainant has produced copies of tickets and marked as Ext. A1 series documents. It is further averred by the first complainant that due to Covid-19 pandemic related protocol the flights scheduled to be travelled by the complainants were cancelled and the opposite party did not refund the tickets fare. It is alleged by the first complainant that the opposite party has directed to reschedule the journey instead of refund and even threatened of penalty if opt for cancellation. The complainant has averred that they had repeatedly contacted the opposite party for refund of tickets fare but did not turn up. The complainant has produced Ext.A2 to Ext.A4 documents to prove his averments made in the complaint. It is also averred that the opposite party was liable to refund the tickets fare to the complainants and all other aviation companies are providing refund facilities to its passengers. The complainant produced Ext. A5 document to support their pleadings.
7. It is contended by the opposite party that they had refunded entire tickets fare to the complainants and produced Ext.B2 to Ext.B5 documents prove the payment. The first complainant has admitted in the affidavit that tickets fare was refunded by the opposite party but after a period one year from the date of filing of the complaint. So the Commission find that there need not be make any order withrespect to refund of tickets fare.
8. It is alleged by the first complainant that the opposite party has committed deficiency in service towards them. It is argued by the first complainant that the opposite party did not refund the tickets fare irrespective of the fact that all aviation companies were decided to refund the tickets fare to its passengers. The complainant produced Ext.A5 document to prove his averments made in the complaint. On the contrary, the opposite party argued that they had refunded tickets fare to the first complainant and his family in accordance with circular issued by office of Director General of Civil Aviation, Government of India. The copy of circular dated 07/10/2020 issued by the Director General of Civil Aviation is produced and marked as Ext.A6 document. So it is argued by the opposite party that there is no deficiency in service from their side.
9. In the examination of Ext.B6 document, it can be seen that same was issued on the basis of the judgment of Hon’ble Supreme Court of India made in Pravasi Legal Cell & Ors Vs Union of India & Ors in WP(C) No. 570 of 2020 , WP(C) No.595 of 2020 and WP(C) No.952 of 2020 on 01/10/2020 related to refund on cancellation of air tickets during Covid -19 lockdown. It can be find that the complainants are belonged in the category of passengers who booked tickets any time prior to lockdown, but journey up to 24th May, 2020 and cancelled due toCovid-19. The opposite party has stated in his affidavit that the complainants were booked their tickets on 02/2/2020, 29/02/2020 and 15/03/2020. The Commission also consider that as per the direction given by Hon’ble Supreme Court of India, the opposite party shall make all endeavours for refund of tickets within a period of 15 days from the date of 01/10/2020. But here, the opposite party did not take any steps to follow the direction of the Hon’ble Supreme Court of India. Moreover, Ext.A3 document would also reveal that the opposite party had made an abortive attempt to impose penalty on the complainants if they had opted for cancellation. So in the light of above discussion, the Commission find that the opposite party did not act properly and bonafidely to refund the tickets fare to the complainants and thereby committed deficiency in service towards them.
10. Point No.(ii):-
The Commission find that entire amount of tickets fare was refunded to the complainants. But there was considerable delay occurred from the side of the opposite party to refund the amount. Moreover the acts of the opposite party also caused mental agony and hardship to the complainants for which the opposite party is liable to answer. The complainant did not speak out the quantum of financial loss sustained due to the acts of the opposite party. But the complainants are deserved compensation for the sufferings of mental agony and hardship. The Commission consider that Rs. 25,000/- is a reasonable amount as compensation to the complainants. Moreover the complainants are also deserve cost of the proceedings as the opposite party dragged the complainants into an unnecessary legal battle. The Commission find Rs. 5,000/- will be a sufficient amount as cost of the complaint. On the basis of evidence availed for scrutiny, the Commission find that the complainants have successfully proved their case. Hence complaint is allowed in the following manner:-
- The opposite party is directed to pay Rs.25,000/- (Rupees Twenty five thousand only) to the complainants as compensation for acts of deficiency in service committedtowards the complainants.
- The opposite party is directed to pay Rs.5,000/- (Rupees Five thousand only) to the complainants as cost of the proceedings.
The opposite party shall comply this order within 30 days from the date of receipt of copy of this order otherwise entire amount shall carry interest at the rate of 9% per annum from the date of order till realization.
Dated this 30th day of November, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1: Series documents are the copies of flight tickets issued by the opposite party
in favour of the complainants.
Ext.A2 : Document is the copy of email dated 11/06/2020 sent by the first
complainant requesting refund of tickets fare from the opposite party.
Ext.A3: Document is the copy of email communication dated 13/06/2020 of the
opposite party informing the first complainant that penalty will be applicable
if opt for cancellation of flight tickets by the complainants.
Ext.A4: Document is copy of email dated 14/06/2020 communicated by the first
complainant with regard to his complaint over the remark of penalty made
by the opposite party.
Ext.A5: Document is the copy of report published in Gulf news.com with regard to
the scheme announced by different aviation companies in the world to
refund or reschedule of tickets offered to the passengers during the time of
Covid-19 pandemic.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B6
Ext.B1: Document is the copy of letter of authorisation given by the opposite party to
its Sales Officer named Mr.Rajesh.R to conduct the case before the
Commission.
Ext.B2: Document is the copy of screenshot of the internal software showing refund
of money to Akbar Travels from where the third complainant had purchased
flight ticket.
Ext.B3: Document is the copies of email communication made between the opposite
party and representative of Akbar Travels.
Ext.B4: Document is the copy of email communication made between the opposite
party and the first complainant showing the process of refund of tickets fare.
Ext.B5: Document is the copy of cheque issued to the first complainant by the
opposite party in connection with refund of ticket fare. Ext.B6 document is
the copy of circular dated 07/10/2020 issued by office of Director General of
Civil Aviation, New Delhi.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
