ORDERS:

Varinder Pal Singh Saini, Member;

1        The complainant has filed the present complaint under Section 35 and 38 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite party by alleging that the complainant Jaskaran Singh son of Dilbagh Singh permanently residing at 23-225, Tyndall Avenue, Winnipeg, Manitoba, Canada has filed the present complaint through his Special Power of attorney holder Dilbagh Singh son of Dharam Singh resident of VPO Kathu Nangal, Tehsil Majitha, District Amritsar working as Senior Assistant at District Education Officer, Tarn Taran. The complainant has executed special power of attorney holder dated 23.6.2021 in favour of Dilbag Singh for filing and prosecuting the present complaint. On 19.12.2019, the complainant Jaskaran Singh has purchased return flight ticket of O.P i.e. Air India through online for himself. The said ticket was confirmed for travel from Toronto to Delhi & Delhi to Amritsar and departure date was 9 February 2020 (Timing 11:55 am) and further the same ticket was confirmed for return travel from Amritsar to Delhi & Delhi to Toronto and departure date was 29 March 2020 (Timing 07:10 pm). The complainant has paid total Canadian $ 1,519/- i.e. Rs.82,000/- approximately as payment for the above purchased ticket out of his bank account with the Scotia Bank. The complainant has also taken print out of the confirmed ticket. As such, in total the complainant has spent Rs.82,000/- approximately for the purchase of the above said ticket and the payment was made to Air India i.e. O.P by the complainant through his bank account. As per the schedule, the complainant has travelled from Toronto to Amritsar and thereafter in March, 2020, nationwide lockdown was imposed in the country due to outbreak of COVID-19 and all international as well as domestic flights have been cancelled. As such due to above said reason, the flight got cancelled and the complainant could not return back to Toronto on the return ticket due to COVID situation. As such the complainant has requested the O.P for refund of the half amount of Rs.41,000/- spent on the purchase of the above return ticket. The concerned officials of the OP had conveyed to the complainant that the process of refund will be started and the amount of refund will be credited to him soon. Afterwards the complainant had for many times contacted the officials of opposite party but in vain. The complainant has also requested the opposite party to issue him new ticket for returning back to Toronto but the opposite party has not paid any heed towards the genuine requests made by the complainant. The complainant has suffered a lot due to above explained circumstances and due to act & conduct of the O.P/its officials. Further the complainant has suffered a big monetary loss due to arbitrary act on the part of the opposite party. Later on, the complainant has to purchase the ticket for flight for returning back to Toronto and the complainant has to spend Rs.1,30,000/-  for the purchase of the said ticket. The complainant has to spend the amount of Rs.1,30,000/-  for the unbusiness like conduct of the opposite party as the opposite party has neither provided the new ticket for returning back to Toronto nor adjusted the amount in the newly purchase ticket. Due to difficulties faced by the passengers who have spent huge amounts on the purchase of tickets, the Hon'ble Supreme court has issued detailed guidelines relating to refund on cancellation of air tickets during COVID-19 lockdown. As per guidelines given by the Hon'ble Supreme Court, the DGCA categorized passengers in three categories for making refund of tickets as follows:- (i)  passengers those who booked tickets during lockdown for travel during lockdown i.e. from 25^th March 2020 to 24^th March 2020 (ii) passengers who booked tickets any time prior to lockdown but journey up to 24^th May 2020 and cancelled due to COVID-19 (iii) passengers who booked ticket anytime but for journey after 24^th May 2020. As per the above categories the case of the complainant comes within the 2^nd Category.  The complainant has prayed that the opposite party may be directed to refund the amount of cancelled returned ticket of Rs. 41,000/- i.e. half amount out of the total amount as spent by the complainant for purchasing of the ticket in the interest of justice and opposite party may also be directed to pay Rs. 1,30,000/- as spent by the complainant for purchasing of the ticket for going back to Canada in the interest of justice and prayed Rs. 20,000/- as compensation  and Rs. 10,000/- as litigation expenses. Alongwith the complaint, the complainant the complainant has laced on record his affidavit Ex. C-1, Self attested copy of Air tickets of Air India Ex. C-2, Self attested copy of Bank Statement Ex. C-3, Self attested copy of Summary of confirmed tickets Ex. C-4, Self attested copy of passport Ex. C-5, Self attested copy of DL of Jaskaran Singh Ex. C-6, Self attested copy of SPA Ex. C-7, Self attested copy of A.Card of Dilbagh Singh Ex. C-8, Self attested copy of I.Card of Dilbagh Singh Ex. C-9.

2        Notice of this complaint was issued to the opposite party and opposite party appeared through counsel land filed written version by interalia pleadings that the present complaint is not maintainable. The complaint is not signed, verified and instituted by a competent and duly authorised person. This Commission has no jurisdiction in the matter in dispute as the complainant Jaskaran Singh  is residing in Canada, whereas, his alleged attorney Dilbagh Singh is residing in the District of Amritsar. The complaint is bad for non-joinder of necessary party. The Travel Agency through which the ticket was got booked by the complainant, is not made party. No cause of action arose to the complainant to file this complaint against the opposite party.  The complainant has come to this Commission with un-clean hands and has concealed/suppressed the material facts from the Hon'ble Commission. As such, he is not entitled to any relief. There is no deficiency in service on the part of the opposite party. The alleged power of attorney executed by the complainant in favour of Dilbagh Singh is not legal & valid and as such, he is not competent and duly authorized to act on behalf of the complainant. The complainant had purchased the ticket in question online through flight network which is having its office at Mississauga, Onterio, Canada and as per records of the opposite party, the said ticket was got booked from HTS Mississauga, Canada on 19.12.2019. The complainant has not disclosed the name of the said Travel Agent nor he has impleaded the said Travel Agent as a party to this complaint. In the absence of the said Travel agent, the complaint cannot be properly adjudicated. The complainant had paid the amount of the tickets to the said Travel Agent and not to the opposite party. As such, the complainant should approach the said Travel Agent for the redressal of is grievance, if any. All the international and domestic flights were cancelled due to COVID-19 lockdown. As per Rules and Guidelines of Air India, the Travel Agent through which the ticket is got booked by the passenger, that agent has to refund the amount and this is as per the conditions of carriage for passers and baggage as per Rules of Air India. In this regard, Article 11.2 clearly mentions “Except as hereinafter provided in the Article, the Carrier shall be entitled to make refund either to the person named in the ticket or to the person who has paid for the ticket, upon presentation of the satisfactory proof. In the event payment for the ticket is made through the travel agent, the refund shall normally be made through said travel agent. Copy of the same is enclosed therewith as Ex. OP/3. In the event of cancellation of the flight due to some reason, it is the duty of the travel agent to make request to the airline, Canada (or other country) for the refund of amount but in this case, nothing is on the record to prove that the complainant had made any such request for the refund of amount to the Travel Agent or to the Airlines, Canada. No such representation in this regard was ever made by the complainant to the opposite party nor he ever contacted the opposite party. Moreover, as per the Rules and guidelines, the complainant was required to lodge his claim with the concerned travel agent through which the ticket was got booked by him. The refund of the amount of ticket is to be made by the opposite party to the concerned Travel Agent and the complainant is entitled to refund of the amount through the concerned Travel Agent. Direct payment of the refund amount cannot be made by the opposite party to the complainant because he had not got booked the ticket nor had made payment to the opposite party. Air India is bound to refund the amount to the concerned Travel Agent and not directly to complainant. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same.  Alongwith the written version, the opposite party has placed on record affidavit of Ashok Kumar Ex. OP/1 alongwith documents Ex. OP/2 & OP2/3.

3        We have heard the Ld. counsel for complainant, opposite party and have also carefully gone through the evidence and documents on the file.

4        In the present case it is not disputed that on 19.12.2019, the complainant Jaskaran Singh has purchased return flight ticket of Air India. It is also not disputed that the complainant has traveled from Toronto to Amritsar. It is also not disputed that in the month of March 2020 nationwide lockdown was imposed in the country due to outbreak of COVID-19.It is also not disputed that due to COVID 19 all intentional as well as domestic flights were cancelled. Due to difficulties faced by the passengers who have spent huge amounts on the purchase of tickets, the Hon'ble Supreme court has issued detailed guidelines relating to refund on cancellation of air tickets during COVID-19 lockdown. As per guidelines given by the Hon'ble Supreme Court, the DGCA categorized passengers in three categories for making refund of tickets as follows:- (i)Passengers those who booked tickets during lockdown for travel during lockdown i.e. from 25^th March 2020 to 24^th March 2020 (ii)passengers who booked tickets any time prior to lockdown but journey up to 24^th May 2020 and cancelled due to COVID-19 (iii) passengers who booked ticket anytime but for journey after 24^th May 2020. As per the above categories the case of the complainant comes within the 2^nd Category. In the written version, the opposite party has admitted that Air India is bound to refund the amount to the concerned travel agent and not directly to the complainant.  However, it is admitted that the complainant is entitled to refund the amount of air ticket but according to opposite party, the complainant has to approach the Travel Agent for the refund as the travel agent is appointed by the opposite party and Travel Agent is acting for the benefit of opposite party and is providing the services on behalf of opposite party, therefore, the opposite party is bound to refund the amount of cancellation of ticket in question to the complainant.

5        In view of above discussion, the present complaint is allowed and the opposite party is directed to refund the amount of Rs. 41,000/- for cancelled return flight ticket to the complainant. The complainant has been harassed by the opposite party for a long time, the complainant is also entitled to 7500/- as compensation on account of harassment and Rs. 5000/- as litigation expenses. Opposite party is directed to comply with the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realization. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19.  Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission.

14.06.2023