Case No.CC/366/2012

Date of Institution:- 13.05.2013

Order Reserved on :- 01.04.2024

           Date of Order :- 10.09.2024

IN THE MATTER OF:

Sh. Tom Philip

S/o Late Sh. Skaria Philip,

R/o D-522, 2^nd Floor,

Tagore Garden, New Delhi – 110027.

          …..Complainant

VERSUS

1. Air India Ltd.

Through its Managing Director,

Safdarjung Airport, New Delhi.

2. Managing Director

Air India Ltd.,

Safdarjung Airport, New Delhi.

3. Yatra Online Pvt. Ltd.

405, 4^th Floor, Tower-A,

Unitech Cyber Park,

Sector-39, Gurgaon – 112001.

4. Managing Director/Competent Officer

Yatra Online Pvt. Ltd.

405, 4^th Floor, Tower-A,

Unitech Cyber Park,

Sector-39, Gurgaon – 112001.

… Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant had to come back from Cochin to New Delhi on 01.05.2012 and for this purpose he took the service of OP-3 to get an air ticket of Air India schedule for 01.05.2012. The OP-3 has booked the confirmed ticket for 01.05.2012 from Cochin to New Delhi of Air India Flight no. AI-468.  The OP-3 & OP-4 charged a sum of Rs.4,455/- from the complainant and the complainant has paid the said amount to the OP-3 & OP-4.The OP-3 & OP-4 credited the amount in the account of OP-1 & OP-2 as per the mutual understanding between the OPs herein.  The OP-3 & OP-4 have been working as the agent of OP-1 & OP-2.  The OP-1 & OP-2 generated a confirmed ticket as mentioned above in favour of the complainant and same has been sent by the OP-3 & OP-4 by email dated 19.02.2012.  The complainant has requested to OP-3 & OP-4 to get change his flight schedule from 01.05.2012 to 08.05.2012. On the request of complainant the OP-3 & OP-4 directed the complainant to contact directly to the OP-1 & OP-2 get change his ticket from 01.05.2012 to 08.05.2012 by paying the miscellaneous charges.  The OP-1 & OP-2 get changed the ticket from 01.05.2012 to 08.05.2012 by paying the miscellaneous charges.  On the instruction of OP-3 & OP-4, the complainant has contacted to OP-1 & OP-2 and requested for change of schedule of his flight from 01.05.2012 to 08.05.2012. On the request of the complainant, the OP-1 & OP-2 charged Rs.750/- from the complainant on 16.04.2012 for getting change the schedule of his journey from 01.05.2012 to 08.05.2012.  The OP-1 & OP-2 has confirmed the complainant that since he paid the amount for miscellaneous charges therefore his ticket for 08.05.2012 is confirmed and same will be provided by OP-3 & OP-4 later on.   The OP-1 & OP-2 directed the complainant contact OP-3 & OP-4 for his confirmed ticket for 08.05.2012.  The complainant has paid the said amount vide miscellaneous charges order bearing no. 1-098-40412194204 to the OP-1 & OP-2.  The complainant has contacted the OP-3 & OP-4 and intimated about the payment to the OP-1 & OP-2 for change of schedule of his journey from 01.05.2012 to 08.05.2012. The OP-3 & OP-4 has confirmed ticket and acknowledged the payment for the change of schedule for journey of the complainant.  On 29.04.2012 at about 10.25 p.m. the complainant received an email from OP-3 & OP-4 with a confirmed ticket for 08.05.2012 from Cochin to New Delhi by the flight of Air India Ltd. which is operated and managed by OP-1 & OP-2. On 30.04.2012, the OP-3 & OP-4 has sent an email and again they sent the earlier confirm ticket for 08.05.2024. On 08.05.2012, when the complainant reached the Cochin Airport for boarding to New Delhi from Air India flight bearing no. AI-47, he was shocked when the check-in counter of the Air India refused to give boarding pass to the complainant on ground that his ticket is not confirmed and the same is already cancelled ticket.  The complainant has contacted OP-3 and OP-4 on phone but no reply was given by the OP-3 & OP-4 and OP-1 & OP-2 have refused to entertain the complainant in any manner.  On inquiry from the staff of OP-1 & OP-2 it was revealed that the ticket for 01.05.2012 has been cancelled but the same was not confirmed for 08.05.2012 by the OP-1 & OP-2.  It was also revealed that OP-1 and OP-2 has refunded the amount of earlier ticket dated 01.05.2012 to the OP-3 & OP-4 after cancellation of the same on the request of OP-3 & OP-4. The complainant was compelled to purchase new ticket from counter of OP-1 & OP-2 situated at Cochin Airport after paying a sum of Rs.8,411/-vide his credit card dated 08.05.2012 from Federal Bank to Air India but OP-1 & OP-2 illegally cancelled the ticket dated 08.05.2012 and also not confirmed ticket for 08.05.2012 and illegally transferred payment to OP-3 & OP-4 without any direction and instruction of complainant.  The OP-3 & OP-4 also illegally and malafidely retained the money of the complainant and also did not inform the complainant about the cancellation of his ticket. The complainant has requested for refund of his money paid Rs.8,411/- for the 2^nd ticket alongwithRs.2 Lakh for mental agony and harassment and Rs.50,000/- for litigation charges.
2. Notice was served to OPsand OP-1 & OP-2 entered its appearance and filed written statement taking several preliminary objections thatticket was cancelled on request of the complainant but the complainant has not contacted to the counter again after paying the miscellaneous charges inspite of that the complainant was informed to come back again at the counter after paying miscellaneous charges. Because of this very reason the ticket was not confirmed for 08.05.2012. The OP-1 and OP-2 stated that OP-3 & OP-4 are service provider of OP-1 & OP-2 and OP-1 & OP-2 refunded the cost of ticket to OP-3 & OP-4. Hence, OP-1 & OP-2 are not deficient in service and unfair trade practice. The OP-3 and OP-4 stated that the complainant has not paid re-schedule charges to OP-3 & OP-4 but has paid the re-schedule charge to OP-1 & OP-2 directly, which clearly shows that OP-1 & OP-2 directly handling the request of the complainant. The OP-3 & OP-4 has stated that entire amount Rs.3276/- has been duly refunded to the complainant but the OP-3 & OP-4 has not placed any evidence regarding the money has been transferred to the complainant.
3. In response to the written statement, the complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
4. Both the parties have filed affidavit of evidence as well as written arguments in support of their respective case.
5. On 01.04.2024, the case was listed for arguments and we have heard Ms. DeekshaArora, Ld. Counsel for OP, none has appeared for the complainant and the case was reserved for order.
6. We have carefully considered the material on record and thoroughly perused the documents placed on record.
7. It is the case of the complainant that hehad to come back from Cochin to New Delhi on 01.05.2012 and for this purpose he took the service of OP-3 to get an air ticket of Air India schedule for 01.05.2012.  The OP-3 has booked the confirmed ticket for 01.05.2012 from Cochin to New Delhi of Air India Flight no. AI-468.  The OP-3 & OP-4 charged a sum of Rs.4,455/- from the complainant and the complainant has paid the said amount to the OP-3 & OP-4.  The OP-3 & OP-4 credited the amount in the account of OP-1 & OP-2 as per the mutual understanding between the OPs herein.  The OP-3 & OP-4 have been working as the agent of OP-1 & OP-2.  The OP-1 & OP-2 generated a confirmed ticket as mentioned above in favour of the complainant and same has been sent by the OP-3 & OP-4 by email dated 19.02.2012.  The complainant has requested to OP-3 & OP-4 to get change his flight schedule from 01.05.2012 to 08.05.2012. On the request of complainant the OP-3 & OP-4 directed the complainant to contact directly to the OP-1 & OP-2 get change his ticket from 01.05.2012 to 08.05.2012 by paying the miscellaneous charges.  The OP-1 & OP-2 get changed the ticket from 01.05.2012 to 08.05.2012 by paying the miscellaneous charges.  On the instruction of OP-3 & OP-4, the complainant has contacted to OP-1 & OP-2 and requested for change of schedule of his flight from 01.05.2012 to 08.05.2012. On the request of the complainant, the OP-1 & OP-2 charged Rs.750/- from the complainant on 16.04.2012 for getting change the schedule of his journey from 01.05.2012 to 08.05.2012.  The OP-1 & OP-2 has confirmed the complainant that since he paid the amount for miscellaneous charges therefore his ticket for 08.05.2012 is confirmed and same will be provided by OP-3 & OP-4 later on.   The OP-1 & OP-2 directed the complainant contact OP-3 & OP-4 for his confirmed ticket for 08.05.2012.  The complainant has paid the said amount vide miscellaneous charges order bearing no. 1-098-40412194204 to the OP-1 & OP-2.  The complainant has contacted the OP-3 & OP-4 and intimated about the payment to the OP-1 & OP-2 for change of schedule of his journey from 01.05.2012 to 08.05.2012. The OP-3 & OP-4 has confirmed ticket and acknowledged the payment for the change of schedule for journey of the complainant.  On 29.04.2012 at about 10.25 p.m. the complainant received an email from OP-3 & OP-4 with a confirmed ticket for 08.05.2012 from Cochin to New Delhi by the flight of Air India Ltd. which is operated and managed by OP-1 & OP-2. On 30.04.2012, the OP-3 & OP-4 has sent an email and again they sent the earlier confirm ticket for 08.05.2024. On 08.05.2012, when the complainant reached the Cochin Airport for boarding to New Delhi from Air India flight bearing no. AI-47, he was shocked when the check-in counter of the Air India refused to give boarding pass to the complainant on ground that his ticket is not confirmed and the same is already cancelled ticket.  The complainant has contacted OP-3 and OP-4 on phone but no reply was given by the OP-3 & OP-4 and OP-1 & OP-2 have refused to entertain the complainant in any manner.  On inquiry from the staff of OP-1 & OP-2 it was revealed that the ticket for 01.05.2012 has been cancelled but the same was not confirmed for 08.05.2012 by the OP-1 & OP-2.  It was also revealed that OP-1 and OP-2 has refunded the amount of earlier ticket dated 01.05.2012 to the OP-3 & OP-4 after cancellation of the same on the request of OP-3 & OP-4. The complainant was compelled to purchase new ticket from counter of OP-1 & OP-2 situated at Cochin Airport after paying a sum of Rs.8,411/- vide his credit card dated 08.05.2012 from Federal Bank to Air India but OP-1 & OP-2 illegally cancelled the ticket dated 08.05.2012 and also not confirmed ticket for 08.05.2012 and illegally transferred payment to OP-3 & OP-4 without any direction and instruction of complainant.  The OP-3 & OP-4 also illegally and malafidely retained the money of the complainant and also did not inform the complainant about the cancellation of his ticket.
8. The OP-1 & OP-2 has taken consideration for the booking of ticket from the complainant and for the re-schedule ticket. They have not confirmed the ticket inspite of miscellaneous charges received from the complainant. The OP-3 & OP-4 have received money from OP-1 & OP-2 but has not refunded to the complainant, which constitutes deficiency in service and also unfair trade practice on the part of OPs.
9. Accordingly, we allow the complaint and direct the OPsjointly or severally to refund Rs.8,411/-(Rupees Eight Thousand Four Hundred and Eleven) to the complainant alongwth an interest @ 6% p.a. from the date of deposited moneyandRs.50,000/- (Rupees Fifty Thousand) as lumpsum for mental agony and litigation charges within 45 days from the date of receipt of the order failing which OP shall be liable to pay entire amount alongwithinterest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 10.09.2024.