Punjab

Ludhiana

CC/20/291

Satish Kumar - Complainant(s)

Versus

Air India Limited - Opp.Party(s)

Sunny Aggarwal

20 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:291 dated 06.11.2020.                                                         Date of decision: 20.07.2023.

 

Satish Kumar Aggarwal, Advocate, Aged 66 years, S/o. Sh. Des Raj Aggarwal, Advocate, R/o.  H. No.659-660, Aggar Nagar, Block-B, Ludhiana. (Aadhaar Card No.9496-6228-4737) Phone No.73077-77111. Email. Skaggarwal.law@gmail.com                                                                                                                                                             ..…Complainant

                                                Versus

1. Air India Limited, 113, Air Lines House, Gurdwara Rakabganj Road, Parliament Street, New Delhi.
2. Chairman & Managing Director,  Air India Limited, 113, Air Lines House, Gurdwara Rakabganj Road, Parliament Street, New Delhi
3. Director, Finance, Air India Limited, 113, Air Lines House, Gurdwara Rakabganj Road, Parliament Street, New Delhi
4. General Manager (Marketing), Air India Limited, 113, Air Lines House, Gurdwara Rakabganj Road, Parliament Street, New Delhi

…..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Dharamveer Singh, Advocate.

For OPs                          :         Sh. Baljeet Sharma, Advocate.

 

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                Shorn of unnecessary details, the facts of the complaint are that the complainant for the purpose of travel to London (UK) along with his wise Smt. Neelam Aggarwal for visiting his son Manish Aggarwal settled in UK between 28.05.2020 to 06.07.2020, booked Travel Tickets (Economy class) for himself and his wife on 03.02.2020 from the website airindia.in against booking reference No.. The e-tickets details are reproduced as under:-

Name of Passenger	E-Ticket No.	Date of Travel from Amritsar ATQ	Date of Travel from London Stansted Airport	Flight No.
Neelam Aggarwal	0982132761566	28.05.2020	06.07.2020	AI 165 & AI 166
Satish Aggarwal	0982132761567	28.05.2020	06.07.2020	AI 165 & AI 166

 

The complainant stated that he paid the entire amount of two air tickets amounting to Rs.2,73,394/- through his Credit card.

                   The complainant further stated that due to COVID-19 worldwide pandemic, the operation of International flights were suspended by the opposite parties and it was not possible for him to undertake his journey and vide his email dated 24.05.2020, the complainant requested the opposite parties to cancel his booking and refund the amount of Rs.2,73,000/- The email was duly acknowledged by the opposite parties vide email dated 27.05.2020 assuring the complainant that his case of refund of air tickets shall be dealt on priority basis. The complainant did not hear anything for about 3½ months even after contacting the opposite parties. The complainant also served a legal notice dated 10.09.2020 to the opposite parties but to no effect. Hence this complaint whereby the complainant has prayed for issuing directions to the opposite parties to refund the amount of Rs.2,73,000/- against booking reference No.JW075 along with compensation of Rs.5,00,000/-.

2.                Upon notice, the opposite parties appeared and filed joint written statement by taking preliminary objections that the complaint is not maintainable. The opposite parties stated that in fact due to COVID-19 most the flights were canceled and they were under financial crises due to the unavoidable circumstances i.e. COVID-19. The complainant demanded the refund of the ticket amount for which they assured the complainant that the entire amount shall be refunded to him shortly. The delay to refund the ticket amount to the complainant occurred due to financial crises. The opposite parties further stated that though there were financial crises, even the opposite parties refunded the entire amounts of ticket on 18.12.2020.

                   On merits, the opposite parties reiterated the crux of averments made in the preliminary objections. The opposite parties stated that they never denied to refund the amount of tickets. The opposite parties have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

3.                In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of e-ticket no.JW075, Ex. C2 is the copy of email dated 24.05.2020, Ex. C3 is the copy of email dated 27.05.2020, Ex. C4 is the copy of legal notice, Ex. C5 is the postal receipt and closed the evidence.

4.                On the other hand, counsel for opposite parties tendered affidavit Ex. RA of sh. Rajender Kumar, Station Manager, Air India Limited, Jalandhar along with documents Ex. R1 is the copy of email dated 09.12.2021 regarding refund of Rs.2,73,394/- and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written reply along with affidavit and documents produced on record by both the parties.

6.                Before adverting merits of the case, it is apposite to mention that pandemic situation of COVID-19 arisen globally and adversely affected all the sectors including Civil Aviation Sector. In order to maintain the pandemic situation under control of COVID-19, the government had imposed the first lockdown w.e.f. 25.03.2020 to 14.04.2020 and operation of domestic as well as international flights were suspended. Lockdown was further extended up to 24.05.2020 and consequently the suspension of the operation of all domestic and international fights was also extended. During that period, issue of air fare arose between the passengers and airlines and the matter became subjudice before the Hon’ble Supreme Court of India and the representations of all the stake holders were examined and considered. On 01.12.2020, the Hon’ble Supreme Court of India pleased to dispose of the matter and issued directions in para No.19 of its judgment in case title W.P. (C)D. No.10966 of 2020 etc. in Pravasi Legal Cell Vs Union of India, which reads as under:-

“1.    If a passenger has booked a ticket during the lockdown period  (from 25th March, 2020 to 24th May, 2020) for travel during lockdown period and the airline has received payment for booking of air ticket for travel during the same period, for both domestic and international air travel and the refund is sought by the passenger against that booking being cancelled, the airline shall refund the full amount collected without any cancellation charges. The refund shall be made within a period of three weeks from the date of cancellation.

2.       If the tickets have been booked during the lockdown period through a travel agent for a travel within the lockdown period, in all such cases full refund shall be given by the airlines immediately. On such refund, the amount shall be passed on immediately by the agent to the passengers.

3.       Passengers who booked tickets at any period of time but for travel after 24th May, 2020 – refund of fares to the passengers covered under this category shall be governed by the provisions of Civil Aviation Requirements (CAR).

4.       Even for international travel, when the tickets have been booked on an Indian carrier and the booking is ex­-India, if the tickets have been booked during the lockdown period for travel within the lockdown period, immediate refund shall be made.

5.       If the tickets are booked for international travel on a foreign carrier and the booking is ex­-India during the lockdown period for travel within the lockdown period, full refund shall be given by the airlines and said amount shall be passed on immediately by the agent to the passengers, wherever such tickets are booked through agents. In all other cases airline shall refund the collected amount to the passenger within a period of three weeks.

6.       In all other cases, the airlines shall make all endeavors to refund the collected amount to the passenger within 15 days from today. If on account of financial distress, any airline / airlines are not able to do so, they shall provide credit shell, equal to the amount of fare collected, in the name of passenger when the booking is done either directly by the passenger or through travel agent so as to consume the same on or before 31st March, 2021. It is open to the passenger either to utilize such credit etc. shell up to 31st March, 2021 on any route of his choice or the passenger can transfer the credit shell to any person including the travel agent through whom he / she has booked the ticket and the airlines shall honour such a transfer.

6.1.    The credit shell issued in the name of the passenger shall be transferable which can be utilized upto 31st March, 2021 and the concerned airline shall honour such a transfer by devising a mechanism to facilitate such a transfer. It is also made clear that such credit shell can be utilized by the concerned agent through whom the ticket is booked, for third party use. It is also made clear that even in cases where credit shell is transferred to third party, same is to be utilized only through the agent who has booked the ticket at the first instance.

7.       In cases where passengers have purchased the ticket through an agent, and credit shell is issued in the name of passenger, such credit shell is to be utilized only through the agent who has booked the ticket. In cases where tickets are booked through agent, credit shell as issued in the name of the passenger which is not utilized by 31st March, 2021, refund of the fare collected shall be made to the same account from which account amount was received by the airline.

8.       In all cases where credit shell is issued there shall be an incentive to compensate the passenger from the date of cancellation upto 30th June, 2020 in which event the credit shell shall be enhanced by etc. 0.5% of the face value (the amount of fare collected) for every month or part thereof between the date of cancellation and 30th June, 2020. Thereafter the value of the credit shell shall be enhanced by 0.75% of the face value per month up to 31st March, 2021. Further, the second respondent­ Directorate, shall ensure strict compliance of the directions referred above, by issuing necessary instructions to the all concerned.”

7.                In the present case, the complainant booked the travel tickets on 03.02.2020 for the purpose of traveling to London U.K. along with his wife on 28.05.2020 and paid a sum of Rs.2,73,000/-. However, due to pandemic situations, the complainant opted for cancelation on 24.05.2020 vide email Ex. C2 and the same was acknowledged on 27.05.2020 by the opposite parties vide email Ex. C3 and assured the complainant for refund of air tickets on priority basis. However, a legal notice dated 10.09.2020 Ex. C4 was sent and ultimately the refund was credited to the account of the complainant on 18.12.2020.

8.                In the present case, the complainant booked the ticket prior to the first lockdown period but the cancellation was effected during the extended lockdown period. As per the directions 6 of the above said judgment, the complainant was entitled to refund of the collected amount within 15 days from the date of pronouncement of the judgment but there is also reference of financial distress of the airlines and liberty has been given to the airlines to provide a credit shell, equal to the amount of fare collected, in the name of the passenger. So in the present case, there is no inordinate delay on the part of the airlines in refunding the amount. So the complainant is not entitled to interest or compensation by way of damages and as such, the complaint is hereby dismissed.

9.                As a sequel of above discussion, the complaint is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

 

10.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:20.07.2023.

Gobind Ram.

 

 

Satish Aggarwal Vs Air India Limited                                       CC/20/291

Present:       Sh. Dharamveer Singh, Advocate for complainant.

                   Sh. Baljeet Sharma, Advocate for OPs.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                       Member                     Member                                       President         

 

Announced in Open Commission.

Dated:20.07.2023.

Gobind Ram.