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DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 44/2023

QUORUM:

Order By: Shri S.S. Malhotra (President)

JUDGMENT  

By this judgment the Commission would dispose off the present complaint filed by the Complainant against OP alleging deficiency in service in not refunding the amount of the booked ticket which was cancelled by the OP on account of Covid-19 Pandemic.

1. Before coming to the facts it is necessary to mention that Complainant initially filed the complaint by mentioning that complaint is being filed under Section 21 of CP Act 1986 and when written statement was filed, the OP took objection in this regard and accordingly the Complainant moved an application under Order 6 Rule 17 CPC by mentioning that the present complaint be allowed to be amended as a complaint under section 17 of the CP Act 2019 which application was allowed, as there was no change w.r.t. contents of the other facts/pleadings of the complaint and therefore facts as mentioned in the amended complaint are being mentioned.
2. Brief facts which can be borne out from the information given by the complainant are that he purchased two air tickets on 28.10.2019 for going abroad from Delhi to Johannesburg via Mauritius, and paid Rs.93,066/- and the flight was scheduled for 28.04.2020 but the said ticket was cancelled by OP due to outbreak of Pandemic Covid -19 and despite the guidelines of the Government and the order of Hon’ble Supreme Court, to refund the full amount of cancelled ticket, to the buyers the OP has not returned the amount and accordingly claim/compensation of Rs.1,00,000/- has been sought by complainant along with the prayer to return the price of the ticket.
3. The OP has not filed any amended written statement after the amendment of the complaint pertaining to the amendment of the title as to under which Act the complaint is being filed and in its original reply it has taken preliminary objections that complaint is not maintainable as it is filed under the provision of CP Act 1986 which since has been repealed but otherwise the complaint case is barred by limitation.
4. As far as merits are concerned it is denied that OP1 did not refund the air ticket as alleged and it is mentioned that OP1 was under insolvency proceedings and a voluntary administrator was appointed on 22.04.2020 and all the decisions pertaining to payment including payment of refund of air tickets were to be taken through water-shed meeting and were to be paid by the voluntary administrator and in the present case refund of the air tickets was approved and complainant was asked to file his claim through the link with all the supported documents which the complainant failed to do so and as such all these led to the faux-pas and even otherwise without prejudice to this fact, it is submitted that non-payment of the refund of air ticket on the part of OP1 was neither intentional nor deliberate but was only on account of appointment of voluntary administrator and otherwise complaint is barred by law and therefore it is stated that complaint of the complainant be dismissed.
5. Complainant informed the Commission that he is not likely to file any Rejoinder and opportunity was given to file evidence.    
6. Complainant has filed his own evidence whereas OP has filed evidence of Sh. Gagan Dutt, Country Manager India of OP and both the parties have reaffirmed and reiterated the facts of their respective pleadings.
7. The Commission has heard the arguments and perused the record.
8. The OP although mentioned in the written statement that the non-refund of the amount to the Complainant was not intentional or deliberate but only on account of the fact that the company was under insolvency and a voluntary administrator was appointed who even approved the refund but since the Complainant has not filled the requisite form the amount was not refunded and the alternate plea of the OP that the complaint is barred by limitation, but despite filing of the complaint case, it still has not refunded the amount.   
9. It is also manifest to mention that the basic thrust of the OP is to get the complaint dismissed on account of limitation and therefore the issues w.r.t. limitation is being disposed of first. Certain date are relevant.  The tickets were booked on 28.10.2019, the flight was to start on 28.04.2020, the pandemic guidelines were brought into effect by the Govt. of India w.e.f. 20.03.2020, the OP sent an email to the Complainant w.r.t. cancellation of the flight which was scheduled to be take off on 28.04.2020, on 26.03.2020 and thereafter certain correspondences went on in between the Complainant. 
10. OP on the other hand also admits that 28.10.2020 it was informed by the OP that in view of the meeting with the commercial MRU on 26.11.2020 pertaining to administrative decision based on DGCA circular dated 07.10.2020 the company of the OP is under voluntary administration and the passenger may fill in the claim form as per air ticket refund communication dated 22.05.2020 to apply for refund.
11. The Complainant submits that he filled the claim form and sent to the OP on 27.11.2020 whereafter on 28.11.2020 Complainant received another mail from OP to send all documents to

- Judgment dated 20.09.2004 in the matter of MOHAN BROTHERS CO-OPERATIVE BUILDING SOCIETY LIMITED Vs. DELHI DEVELOPMENT AUTHORITY being, passed by Hon'ble High Court of Delhi. (Relevant Paras-4) 2004 LAWPACK (Del) 27190

- Judgment dated 21.04.2014 in the matter of STATE OF TRIPURA AND OTHERS Vs. ARABINDA CHAKRABORTY AND OTHERS being Civil Appeal No. 1322 of 2007, passed by Hon'ble Supreme Court of India. (Relevant Paras- 13, 15, 18) (2014) 6 SCC 460

- Judgment dated 09.11.2022 in the matter of Rakman Industries Limited. Vs. Sumaja Electro Infra Private Ltd. RFA(COMM) 8/2022, CM Appl. 8073/2022, CM Appl. 8074/2022, CM Appl. 8075/2022 and CM Appl. 45780/2022 passed by Hon'ble High Court of Delhi. (Relevant Paras- 6, 7, 9, 18, 23, 31) 2022 SCC OnLine Del 3719

12. The Commission has gone through these judgments and these judgments in view of the judgments of the Hon’ble Supreme Court in Suo-Moto case where the limitation to file any complaint has already been extended upto 28.02.2022 are not para materia to the situation which happened on account of the Covid-19  It is reiterated again that in this matter there were exchange of various emails and the last email of the OP 30.11.2022, and this is the period when there were Pandemic guidelines in force but in any case the limitation period has to be excluded from 15.03.2020 to 28.02.2022 and if that is counted, the period of two years has not yet expired on the date of filing the complaint and therefore the contention of OP cannot be accepted that the complaint is barred by law as the same is objected.
13. As far as merits are concerned receipt of payment by the OP, issuance letter w.r.t. refund and the process of the OP is not disputed and even in pleadings the OP has stated that it has not refunded the amount on account of certain appointment of voluntary administrator who has to approve the refund in a water shed meeting as alleged.  Once the OP has not returned nor the OP could has forfeited this amount in view of the circular of the Govt. of India particularly of DGCA therefore OP is duty bound to refund the amount.
14. The Complainant therefore has been able to prove deficiency on the part of OP in not refunding the amount whereas OP has failed to prove that the complaint case of the complainant is barred by law.  Accordingly, it is ordered that OP would return Rs.93066/- to the complainant along with interest @ 12% p.a. along with compensation of Rs.25,000/- including litigation expenses to the complainant who is a senior citizen. 

This order be complied within 30 days from the date of receipt of the order and if not complied with by OP then OP would pay an interest @ 15% on all the above amounts to the complainant till its realization. 

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 02.07.2024.