Punjab

Ludhiana

CC/20/294

Sunny Aggarwal - Complainant(s)

Versus

Air India Limited - Opp.Party(s)

S.K.Aggarwal

20 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:294 dated 09.11.2020.                                                         Date of decision: 20.07.2023.

Sunny Aggarwal, Advocate, Aged 38 years, S/o. Sh. Satish Kumar Aggarwal, Advocate, R/o.  H. No.659-660, Aggar Nagar, Block-B, Ludhiana. (Aadhaar Card No.6162-7333-3933) Phone No.98720-90907. Email. Sunny.advocate@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 family for visiting his brother Manish Aggarwal in the month of May and June 2020, booked Travel Tickets (Economy class) for four passengers on 30.01.2020 from the website airindia.in against booking reference No.JY81M on the Air India Flight AI 165 to be departed from Amritsar (ATQ) on 28.05.2020 at 03:10 hours and the return flight No.AI 166 to be departed from London, Stansted Airport on 22.06.2020 at 09:30 hours. The e-tickets details are reproduced as under:-

The complainant stated that he paid the entire amount of tickets amounting to Rs.1,90,216/- through his HDFC Debit card on 30.01.2010. E-ticket against booking reference No.JY81M with date of issue 30.01.2020 was sent through email to the complainant on 30.01.2019 at 11:09 PM on which the name of his wife was mentioned as Sumisha Aggarwal instead of Sumiksha Aggarwal. The complainant immediately contacted e-commerce helpline of opposite parties on phone and apprised them about the said error upon which their e-commerce team cancelled the reservation and suggested the complainant to make a fresh booking. The complainant sent an email on 30.01.2020 at 11:43 PM to e-commerce helpline at email address

The complainant paid the entire amount of Rs.1,90,800/- from his HDFC debit card on 01.02.2020. According to the complainant as per the rules framed by the Ministry of Civil Aviation and incorporated in the Passenger Charter, he was entitled to get the refund of his cancelled booking against booking reference No.JY81M within a maximum period of 7 days. Further, as per the ruels, the refund is to be made immediately if the payment was made by cash and within seven days, if the payment was made by Credit card. The payment made by the complainant was through Debit card which is equivalent to payment made in cash and the complainant was entitled to immediate refund of the booking amount but in no case later than seven days. The complainant further stated that he did not receive the refund from the opposite parties and then he sent an email dated 23.02.2020 to the e-commerce helpline of the opposite parties informing them that no refund has been received by the complainant and requested for the processing of the refund without any further delay. On receiving no response, the complainant submitted a feedback acknowledgement reference no.WB-IUH080320056 on 08.03.2020 at 03:59 PM on the official website airindia.in of the opposite parties informing them that he had not received the refund against his ticket booking reference No.JY81M canceled on 30.01.2020 which was dully acknowledged by the opposite parties vide their email dated 08.03.2020. The complainant received an email dated 18.03.2020 from the e-commerce team of the opposite parties informing the complainant that process of refund has been initiated and the amount will be credited to his account in 20-25 working days. The complainant further stated that as he did not receive the refund  and after waiting for a period of more than 1½ month after receipt of the email dated 18.03.2020 from the opposite parties, he again wrote an email dated 29.04.2020 to their e-commerce helpline requesting them to refund the amount of cancelled ticket but no response was received. The complainant also sent an email dated 16.05.2020 to the opposite parties calling upon them to expedite the process of refund.

                   The complainant further stated that due to COVID-19 worldwide pandemic, the operation of International flights had been suspended by the opposite parties and it was not possible for him to undertake travel to London on 28.08.2020 on his subsequent booking reference No.JQ6MW (AI) and vide his email dated 26.05.2020, the complainant requested the opposite parties to cancel his booking against booking reference No.JQ6MW (AI) and to refund the amount against the said booking as well. The email dated 26.-05.2020 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. Vide email dated 26.06.2020, the complainant again requested the opposite parties to refund the amount against booking reference No.JQ6MW (AI) to which the e-commerce helpline of the opposite parties vide email dated 01.07.2020 informed the complainant that the refund is being processed and that the delay has been occasioned due to huge backlog of COVID-19 refunds. Vide email dated 01.07.2020 the complainant also requested for refund of his earlier booking reference No.JY81M which was canceled on 30.01.2020 but no response was received from the opposite parties. The complainant also served a legal notice dated 19.08.2020 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.1,90,216/- against booking reference No.JY81M and to refund Rs.1,90,800/- against booking reference No.JQ6MW (AI) 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 cancelled 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.JY81M dated 30.01.2020, Ex. C2 is the copy of email dated 30.01.2020, Ex. C3 is the copy of email dated 30.01.2020 of the complainant, Ex. C4 is the copy of copy of e-ticket No.JQ6MW, Ex. C5 is the conformation mail dated 01.02.2020 of the opposite parties, Ex. C6 is the copy of Passenger charted of Ministry of Civil Aviation, Government of India, Ex. C7 is the copy of email dated 23.02.2020, Ex. C8 is the copy of email dated 08.03.2020, Ex. C9 is the copy of email dated 18.03.2020, Ex. C10 is the copy of email dated 29.04.2020, Ex. C11 is the copy of email dated 16.05.2020, Ex. C12 is the copy of email dated 26.05.2020, Ex. C13 is the copy of email dated 27.05.2020, Ex. C14 is the copy of email dated 26.06.2020, Ex. C15 is the copy of email dated 01.07.2020 of opposite parties, Ex. C16 is the copy of email dated 01.07.2020 of the complainant, Ex. C17 is the copy of legal notice dated 19.08.2020, Ex. C18 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.1,90,216/- 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 al the sectors including Civil Aviation Sector. In order to maintain the pandemic situation 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 was 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 this 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 has sought refund of amount of Rs.1,90,216/- against the booking reference No.JY81M along with interest w.e.f. 30.01.2020 till payment. The complainant booked tickets for four passengers on 30.01.2020 vide receipt Ex. C1 in order to travel to London U.K. on 28.05.2020 along with return flight dated 22.06.2020. However, there was discrepancy in the name of the wife of the complainant and the said reference was cancelled on the same day i.e. 30.01.2020 vide email Ex. C3.

8.                Without waiting the refund of aforesaid amount, the complainant booked another return ticket on 01.02.2020 against booking reference No.JQ6MW (AI) by paying amount of Rs.1,90,800/-. However, due to imposition of COVID-19 conditions, the complainant was unable to undertake travel to London and on 26.05.2020, the said booking was cancelled. The complainant had been seeking refund of both booking reference since 23.02.2020 and there is a trail of exchange of emails between the complainant and the opposite parties Ex. C7 to Ex. C16 w.e.f. 23.02.2020 to 01.07.2020. The complainant also sent a legal notice dated 19.08.2020 Ex. C17 to the opposite parties and ultimately, the complainant received a refund of Rs.1,90,216/- on 18.12.2020. However, the counsel for the complainant could not deny that he had not received the refund of Rs.1,90,800/- from the opposite parties.

9.                The case of the complainant with regard to second booking with reference No.JQ6MW (AI) is squarely covered under direction No.6 of the above said judgment, which further reads as under:-

“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.”

10.              With regard to the first booking, it is evident that at the time of booking as well as cancelation, the COVID-19 pandemic was not insight and the opposite parties were under obligation to refund the said amount within reasonable time. Even the Hon’ble Supreme Court of India in the aforesaid judgment has directed that the passengers who booked tickets at any period of time but for travel after 24.05.2020, refund of fares to the passengers covered under this category shall be governed by the provisions of Civil Aviation Requirements (CAR). So meaning thereby the refund process was to be completed within three working days and the opposite parties were to refund all kind of fee’s. Therefore, the complainant is entitled to interest on the refund from 01.03.2020 till 18.12.2020 @9% per annum along with composite costs of Rs.10,000/-.

11.              As a sequel of above discussion, the complaint is partly allowed with direction to opposite parties to pay interest on the refund amount from 01.03.2020 till 18.12.2020 @9% per annum within 30 days from the date of receipt of copy of order.  The complainant is further held entitled to composite costs of Rs.10,000/- (Rupees Ten Thousand only). Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

12.              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.

Sunny Aggarwal Vs Air India Limited                                     CC/20/294

Present:       Sh. Dharamveer Singh, Advocate for complainant.

                   Sh. Baljeet Sharma, Advocate for OPs.

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed with direction to opposite parties to pay interest on the refund amount from 01.03.2020 till 18.12.2020 @9% per annum within 30 days from the date of receipt of copy of order.  The complainant is further held entitled to composite costs of Rs.10,000/- (Rupees Ten Thousand only). Compliance of the order be made within 30 days from the date of receipt of copy of order. 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.