BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.242 of 2020
Date of Instt. 18.08.2020
Date of Decision: 01.07.2024
Puran Singh aged about 68 years s/o Sh. Khera Singh R/o Village Maniala, Sherpur Dona, Sultanpur Lodhi, Kapurthala.
..........Complainant
Versus
1. Air India Limited Head Office at 113 Air Lines House, Gurudwara Rakab Ganj Road, New Delhi through its M.D./Manager/Authority representative.
2. Air India Limited Vijaya Tower, Civil Lines, Behind S.B.I. Bank Main Branch, Jalandhar through its Manager/Authority representative.
3. M/s Sahib Enterprises Opposite Janj Garh, Near Shaheed Bhagat Singh Chowk, Lohian Khas, Jalandhar-144629, through Bikkar Singh Prop./Partner/Authority representative.
4. M/s Rab Tour and Travel 106, 1st Floor, Arora Prime Tower, Adjoining President Hotel, Jalandhar Through its Prop./Partner/Managing Director.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. R. K. Bhandari, Adv. Counsel for the Complainant.
Sh. Anuj Bhalla, Adv. Counsel for OPs No.1 & 2.
Sh. S. K. Adhikari, Adv. Counsel for OP No.3.
OP No.4 exparte.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is a senior citizen and is doing the work of Agriculture. The son of the complainant namely Rajinder Singh is living in U.K. However, Manpreet Kaur daughter-in-law and Balraj Singh grandson of the complainant were living with the complainant. The complainant booked 2 air tickets of Air India Airlines for her daughter-in-law Manpreet Kaur and grandson Balraj Singh for sum of Rs.61,400/- to join his son Rajinder Singh at U.K. through OP No.3 on 09.03.2020 against confirmed tickets on 29.03.2020. The payment was made through funds transfer from the accounts of the complainant on 11.03.2020. The OP No.3 issued receipt to the complainant for the ticket booking for sum of Rs.60,000/-. Due to the Covid-19 pandemic situation, the lockdown was enforced by the government throughout India on 23.03.2020. The complainant telephonically contacted the OP No.3 about the flying status of Air Lines. The OP No.3 gave the contact numbers of branch offices of the Air India Airlines at Jalandhar to the complainant. The complainant accordingly contacted the OPs No.2 & 4, but they did not give any satisfactory answer of the queries of the complainant and asked the complainant to contact at the head office of Air India at New Delhi. The complainant thereafter contacted at the office of OP No.1 through his mobile, initially, the behavior of the operator of the OP No.1 was not good towards the complainant, but when the complainant told the operator of the OP No.1 that he is senior citizen of India and further forbid the operator for her rude behavior. Then the operator told the complainant that all the flights are cancelled for the time being and priority will be given to the complainant's family, as and when the flights will be restarted. When the complainant came to know that the Air Flights are started from New Delhi to U.K. only through Air India, then the complainant contacted the OP No.3 and told him to confirm the new date of the flight as per Air India schedule and further told him to get the early available flight dates for the family of the complainant in liiu of flight cancelled on 29.03.2020 and thereafter the OP No.2 after few days informed the complainant that it is not possible to get the seats of the family of his client in the rescheduled flights of Air India and then the complainant demanded the refund of the air tickets booked from the OPs but the OPs flatly refused to return refund of the amount of the Air tickets of Rs. 60,000/- booked with them. After few days, the complainant came to know that as only Air India flights are operating from New Delhi to U.K. and the complainant was bound to fly through the Air Lines of OPs and under these compelled circumstances the complainant was bound to contact the OP No.3 to buy the new confirm tickets of his family. The OP No.3 then informed the complainant that this time charges for both Air Tickets have been increased from Rs.60,000/- to Rs.1,05,000/- and then the complainant showed his inability to arrange such huge amount. The complainant thereafter contacted his son Rajinder Singh at U.K. and explained the whole story to him, then Rajinder Singh sent 1136.56 Pounds i.e. Rs.1,05,000.56 INR to Bikkar Singh Prop./Partner/Authority representative of M/s Sahib Enterprises i.e. OP No.3 for booking new tickets. The OP No.3 after receiving the amount of Rs.1,05,000.56/- booked the new Air Tickets for Manpreet Kaur and Balraj Singh for New Delhi to Heathrow, London for 04.07.2020 and thereafter both Manpreet Kaur and Balraj Singh travelled from New Delhi to U.K. on 04.07.2020. Thereafter, the complainant also contacted the branch offices of Air India at Jalandhar and demanded the refunds of Rs.60,000/- of the air tickets booked by him in the month of March, 2020, but they also flatly refused to return the payment of the complainant. The OPs have not returned the refund of the air tickets to the complainant till be date. The complainant is liable to get back the refunds of the said air tickets from the OPs along with interest. The act of the OPs amounts to deficiency in service and unfair trade and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the ticket amount of Rs.60,000/- booked with the OPs and the same was not refunded by the OPs to the complainant even after the cancellation of the flights and to give award/compensation, damage to the tune of Rs.50,000/- for causing mental tension, harassment due to the disconnection of electric connection and also due to the irresponsible behavior, act and conduct of the OPs and Rs.5500/- as litigation expenses.
2. Notice of the complaint was sent to the OPs, but the OP No.4 refused to receive the notice and as such, the OP No.4 was proceeded against exparte, whereas OPs No.1 and 2 appeared through its counsel and filed joint written reply and contested the complaint by taking preliminary objections that the present complaint is liable to be dismissed out rightly because the complaint is totally vague, imaginary, hypothetical and ambiguous. Therefore, the same is liable to be dismissed with heavy costs. It is further averred that the complainant is estopped by his own act, conducts, admission and omissions from filing the present complaint, hence the complaint is liable to be dismissed with heavy costs. It is further averred that no cause of action accrued to the complainant against the OPs No.1 and 2, this is nothing but the misuse of the process of law, hence, the complaint is liable to be dismissed with heavy costs. It is further averred that the present complaint is not maintainable under the law. The dispute raised by the complainant in the present complaint is manifestly outside preview of the act. The present complainant is wholly misconceived, groundless, unsustainable and untenable. Thus, liable to be dismissed. It is further averred that the complainant dragged the OP No.2 into unnecessary, uncalled and unwarranted litigation. The complainant wants to harass the OPs No.1 and 2. It is further averred that the complaint is false, frivolous, as such the complainant is liable to be penalized under section 26 of the Consumer Protection Act. It is further averred that the present complaint is false, frivolous, misleading and complainant has also concealed the material facts from this Forum and has wrongly pleaded that OPs No.1 and 2 in the present case. There is no negligence on the part of answering respondent so the said case is liable to be dismissed with heavy cost for being made unnecessary party to the said case. It is further averred that the OPs No.1 and 2 have started the procedure of giving the refund of the flights cancelled at the time of COVID-19 of the complainant tickets. It is too brought under notice that as per procedure refund request is to be made by OPs No.3 and 4 to the answering respondent for processing the refund in the system of Air India. On Merits, the factum with regard to booked of the air tickets by the complainant is admitted
3. OP No.3 filed its separate written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable against OP No.3. It is further averred that this Forum is having no jurisdiction to try and decide the present complaint against the OP No.3 as the complainant is Sub-Agent of M/s Rab Tour & Travels OP No.4 who received sum of Rs.60000/- from OP and sold two confirmed air tickets for dated 29-09-2020. But due to unavoidable circumstances of pandemic Covid-19 all the flights of Air India Limited cancelled. It is further averred that the complainant has concealed the true facts from this Court hence he is not entitled for the relief claimed by him. On dated 07-07-2020 the complainant was informed by OPs No.3 and 4 that as per the email received from OP No.4 Rs.15000/- shall be deducted as cancellation charged per person. But complainant intentionally and deliberately not got cancelled the air tickets and travel to UK by purchasing new tickets. It is further averred that the complainant has no locus-standi to file the present complaint and no cause of action accrued to the complainant. It is further averred that the OP reserves its right and craves the indulgence of this Forum to add, amend, alter, modify and/or supplant the submissions made in this reply if required. On Merits, the factum with regard to booked of the air tickets by the complainant is admitted and it is also admitted that due to pandemic situation that all the airlines stopped flights so the opposite party no.3 given the contact persons number to the complainant so that he may approach the airlines for next date of flights, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
4. Rejoinder not filed by the complainant.
5. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
6. We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for the complainant as well as counsel for the OPs No.1 and 2 very minutely.
7. It is admitted fact that the complainant got booked air tickets from the OP No.3 for Rs.61,400/-. The tickets were confirmed for 29.03.2020 and these were got booked on 09.03.2020. The payment made through funds transfer on 11.03.2020 and the receipt has been proved by the complainant Ex.C-2. Receipt Ex.C-2 shows that the same has been issued by OP No.4 and the amount has been transferred from the funds of the complainant as per Ex.C-1. Ex.C-3 is the air ticket booking. It is also admitted fact that the lock down was enforced by the government throughout India on 23.03.2020 due to Covid-19 pandemic situation. It is also admitted that during that period all the flights were cancelled for the time being as per the orders of the Govt. The complainant has alleged that when he came to know that the air flights have started from New Delhi to U. K., he made request for the tickets for early available flight date for the family of the complainant i.e. daughter-in-law and grand daughter as the son of the complainant is the resident of U. K. The complainant has alleged that after some time, the OP No.3 informed him he can get the new confirmed tickets, but the fare has been increased from Rs.60,000/- to Rs.1,05,000/-. It is also not disputed that confirmed tickets were purchased by the complainant through OP No.3 and as per the advice of the OP No.3, the earlier tickets were got cancelled and confirmed tickets were purchased. The complainant has alleged that despite request refund has not been given to the complainant for the flights cancelled during the Covid period.
8. The contention of the OP is that there is no negligence on the part of the OP No.3 and OP No.4 as at the time as the complainant was duly informed by the OP No.3 and OP No.4 that as per the email received from the OP No.4, Rs.15,000/- shall be deducted as cancellation charges per person, but the complainant intentionally did not get the tickets cancelled and purchased new tickets for travel to U. K. He has proved on record the email Ex.OP3/1. Perusal of Ex.OP3/1 shows that the OP No.4 has sent the email informing Rs.15,800/- as cancellation charges per person. The OPs No.3 and 4 have not produced on record any guidelines or any rule under which these cancellation charges were to be made when there was no fault of the complainant and the flights were cancelled due to Covid-19 pandemic. The OPs No.1 and 2 have alleged that the complainant was conveyed that the Air India has started giving refund, but to initiate the refund, the request is to be forward by the OP No.3 and OP No. 4, but the OP No.3 and OP No.4 have not initiated the request.
9. It has been held by the Hon’ble Supreme Court in case titled as ‘Parvasi Legal Cell Vs. Union of India & Anr.’, decided on 01.10.2020 that ‘where the passengers got booked the tickets, where a booking is Ex-India, a refund must be governed by the provisions of applicable Civil Aviation Requirement according to the DGCA circular.’ Since the complainant had got booked the ticket prior to lock down, but thereafter, lockdown was declared and due to Covid-19, flight was cancelled, therefore, he has been put in the category 2 of the passengers as per the directions and guidelines issued by the Hon’ble Supreme Court. As per Section-3 of the Civil Aviation Requirements, Serious M, Part-II, the refund in case of cash payment should be made immediately by the airlines office from where the tickets was purchased and in case of credit card payments, refund shall be made by the airlines within seven days of the cancellation to the account of credit card holders. As per clause-C of Section-3, in case of purchase of tickets through travel agent/portal, onus of refund shall lie with the airlines as agents are their appointed representative. The airline shall insure that the refund process is completed within fifteen working days.
10. As per the judgment of Hon’ble Supreme Court, circular and Clause-C of Section-3 of the Civil Aviation Requirements, in case of purchase of tickets through travel agent/portal, onus of refund shall lie with the airlines as agents are their appointed representative. The airline shall ensure that the refund process is completed within fifteen working days.
In the present case, the OP No.1 has alleged that a separate request was to be initiated by the agents/OP No.3 and OP No.4 for the refund of money, but there is no requirement of any request to be initiated by the complainant or agent as per the judgment of Hon’ble Supreme Court or the circular and clause-c of Section-3 of the Civil Aviation Requirement. Since, there was no fault of the complainant as the pandemic was there and curfew was declared during that period and as per the Orders of the Govt., the flights were cancelled. So, it was obligatory upon the airlines to refund the amount without any request. As per the submission of the OP No.3 and OP No.4, Rs.15,800/- were to be charged as cancellation charges per person, but again there is no such condition as the flights were cancelled by the Govt. itself. So, the refund is to be issued and completed within 15 working days, but the same has not been deposited by the OPs and no efforts were made by the OP No.3 and OP No.4 also because of the negligence and unfair trade practice. The OP No.3 and OP No.4 have sent the email for charging Rs.15,800/- per person as cancellation charges without going through the guidelines and rules and regulations and has caused mental tension to the complainant. The complainant had to suffer mentally as well as physically, therefore, he is entitled for the refund of the money alongwith interest.
11. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs No.1 & 2 are directed to refund the amount of Rs.60,000/- to the complainant with interest @ 6% per annum from the date of booking till its realization. The OPs No.1 to 4 are directed to pay a compensation of Rs.30,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses jointly and severally. 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.
12. 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
01.07.2024 Member Member President
