Chandigarh

DF-I

CC/901/2021

Narinder Kaur - Complainant(s)

Versus

Air India - Opp.Party(s)

Jaswinder Singh Bagga

05 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/901/2021
Date of Institution	:	14.12.2021
Date of Decision	:	5/09 /2023

 

Narinder Kaur wife of Sh. Raghbir Singh resident of H. No.1038, Sector 44-B, Chandigarh.

… Complainant(s)

V E R S U S

1.       Air India through its Director having its branch office at SCO No.162-164, City Sub-Centre, Sector 34-A, Chandigarh 160022.

2.       Yatra.com through its Director having its Branch office at SCO No.142-413, 1^st floor, Sector 34-A, Chandigarh 160022.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Anshul Rana, Advocate, proxy for Sh. Jaswinder Singh Bagga, Advocate for complainant
	:	Sh. Daksh Prem Azad, Advocate for OP No.1
		None for OP No.2.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 34&35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that In the Month of February-April 2020 the complainant planned to visit Melbourne and the complainant booked one air ticket Annexure C-2 of OP No.1 airlines from Delhi to Melbourne for 28.2.2020 and for return journey from Melbourne to Delhi for 25.4.2020.  The complainant had performed her journey from Delhi to Melbourne on 28.2.2020 but on the date of her return journey  there was COVID19 pandemic as a result of that the flights all over the world  were cancelled due to lockdown. In this manner no flight operated from Melbourne to Delhi on 25.4.2020. The complainant tried to get seat through Vande Bharat Mission from Australia but could get the same. The complainant was compelled to purchase fresh ticket Annexure C-8 for her return journey since the OPs had not adjusted/accommodated  the complainant on old ticket.  The complainant returned back to Delhi from Melbourne on 19.7.2020. The Ministry of Civil Aviation had already announced that there will be a full refund for booking and travel during the lockdown period without cancellation. The copy of notification is annexed as Annexure C-3. It is alleged that the OPs have not refunded the amount of return ticket to the complainant and the said act of OPs amounts to deficiency in service. The complainant the requested the OPs several times through mails Annexure C-4 to C-7 but with no result. The OPs were requested several times to admit the case of the complainant but with no response. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP No.1 resisted the consumer complaint and filed its written version by way of affidavit, inter alia, taking preliminary objections of maintainability, suppression of fact and also that there is no privity of contract between the complainant and the answering OP and there is no deficiency in service on the part of the answering OP. It is stated that the complainant had bought the ticket from OP NO.2 who is third party platform and the answering     OP does not track status of the ticket once it has been sold to third party.   On merits,  the facts as stated in the preliminary objections have been re-iterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. OP No.2 in its reply took preliminary objection of maintainability, jurisdiction. It is alleged that users of the answering OP are bound by the terms and conditions of master user agreement  and as per the said agreement any dispute arises between the user and the answering OP shall be subject to exclusive jurisdiction of court of Gurgaon, Haryana and this Commission has no jurisdiction. It is further alleged that even the complainant has no cause of action against the answering OP. It is  further alleged that  the answering OP is not the service provider and cannot control or prevent changes in the published descriptions or representations, which are always based upon information provided by the service provider.  In fact the  answering OP is an intermediary and therefore, does not incur any liability on the travel ticket booked by the complainant from an independent airlines. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
4. Despite grant of numerous opportunities, no rejoinder was filed by the complainant to rebut the stand of the OPs, hence, opportunity to file rejoinder was closed vide order dated 15.6.2023.

2. In order to prove their case, complainant and OP No.1 have tendered/proved their evidence by way of respective affidavits and supporting documents. However, as OP No.2 failed to file evidence despite grant of sufficient opportunity, therefore, vide order dated 19.4.2023 of this Commission, opportunity to file the same was closed
3. We have heard the learned counsel for the complainant and OP No.1 and also gone through the file carefully, including the written arguments.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the complainant had booked round trip air tickets from Delhi to Melbourne for 28.2.2020  and from Melbourne to New Delhi for 25.4.2020 but at the time of her return from Melbourne to New Delhi, the flights were cancelled for April 25, 2020 on account of lockdown  imposed all over the world, the case is reduced to a narrow compass as it is to be determined if the complainant is entitled for the refund of the return ticket as is the case of the complainant or if the complaint is liable to be dismissed being not maintainable as is the defence of the OPs.
   2. Annexure C-2  is the ticket issued by the OP No.2 for the journey of the  complainant to be performed through the airlines of OP No.1 for which an amount of Rs.79,253/- were charged for the round trip journey i.e. from New Delhi to Melbourne and Melbourne to New Delhi. Annexure C-8 is the fresh ticket purchased by the complainant for  her return journey clearly indicates that the complainant had performed her return journey on 11.7.2020. Annexure C-3  is the notification issued by the Ministry of Civil Aviation, New Delhi clearly indicates that as per notification the airlines were directed to refund the full amount collected without levy of cancellation charges during the lockdown  period from 25.3.2020 to 14.4.2020  and further extended from 15.4.2020 to 3.5.2020. As the case of the complainant is  duly covered under the above said notification, yet the OPs have not refunded the amount of return ticket to the complainant for which she was entitled despite of the repeated requests made by the complainant. The aforesaid act of the OPs amounts to deficiency in service and indulgence in unfair trade practice.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to refund the price of return ticket of ₹39,676/- to the complainant alongwith interest @ 9% per annum from the date when the return journey was to be performed by the complainant  i.e. on 25.4.2020 till payment.
2. to pay an amount of ₹10,000/-to the complainant(s) as compensation for causing mental agony and harassment to her;
3. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, the payable amounts mentioned at Sr.No.(i) & (ii) above, shall carry interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 5/09/2023 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member