By Sri. Mohamed Ismayil.C.V, Member
The case of the complainant is as follows:-
1. The complainant and his brother availed a package to fly to Saudi Arabia via Bahrain from the opposite party during the time of pandemic, covid 19. The date of travel was fixed on 12/05/2021 and paid Rs.1,35,000/- for the same. Unfortunately the complainant could not travel due to revelation of Covid 19 after conducting RTPCR test. The inability of movement of the complainant was informed to the opposite party. Then the employee of the opposite party replied that they could not give assurance of refund of money paid to the Airline company and hotel accommodation. After two weeks, the complainant again contacted the opposite party for the refund of amount spent for air ticket and hotel accommodation, then it was announced by the opposite party that only Rs.25,000/- spent for hotel accommodation will be refunded from the head of hotel accommodation. Again after one week, as per the direction of his friend, the complainant contacted Airline Company as well as the hotel booked for accommodation and quarantine. Two days later the complainant received email reply. The airline named Salam Airlines informed that PNR No of the ticket issued by the opposite party was wrong and the correct PNR No. was G3ICIW. It is also informed that on 17/05/2021 the ticket charge of passenger who was unable to travel was refunded to the opposite party and directed to contact the opposite party. The hotel named “Let’s Go Bahrain” also informed that the balance amount of the non person who are unable to use accommodation has been refunded to the opposite party and also directed to contact the opposite party. On the basis of information collected from the Salam Airline Company and “Lets Go Bahrain’ hotel the complainant sent email letter to the opposite party. But the opposite party evaded from the payment of refund amount received from the hotel authority by telling false and frivolous excuses.The employee of the opposite party named Shihad even threatened the complainant and also announced that no consequences will be there even if the complainant would go ahead with his grievances. So the complainant prayed for an order of this commission to refund the amount of Rs.1,35,000/- paid as the package charges from the opposite party and pay Rs.1,00,000/- as compensation for the mental agony and hardship suffered due to the act of the opposite party .
2. After admission of the complaint, notice issued to the opposite party. The opposite party entered on appearance through counsel and filed written version.
3. In the version it is stated that complaint is not maintainable and denied the allegation in the complaint. According to the opposite party, he took only small amount of service charges from the complainant. The opposite party transferred the ticket fare to Salam Airlines through which the flight tickets are booked, paid for the processing of visa and also paid for hotel accommodation. So it contended by the opposite party that the demand of refund to be answered by the Airline company and the hotel in which quarantine accommodation was booked. It is also stated by the opposite party that the hotel and Airline company are not included in the party array and the complaint is void for want of non – joinder of necessary parties. The complainant paid Rs.56,500/- as flight ticket fare and Rs.79,000/- paid for hotel booking and visa. The opposite party further added that booking was done during pandemic period of Covid 19 and no usual international flights were available due to protocol restriction and air travel was limited to chartered flights. So the flight tickets, the quarantine package at hotel and visa are not refundable on cancellation. This situation was informed and convinced the complainant by the opposite party at the time of booking of package. According to the opposite party it is impossible to the travel company to get a new passenger by substituting a passenger who cancelled his ticket booked in a chartered flight and quarantine accommodation facility. So the opposite party in the version stated that it is not possible to refund the whole amount spent by the complainant since the last minute replacement was not possible due to Covid protocol restrictions implemented in every country. After convinced of the above situation and agreeing the conditions of package the complainant made payment to the opposite party. According to the opposite party he performed his duty with sincerity and professionally and travel documents were delivered on time also. The flight ticket was booked through Salam Airlines and booking reference was PNR G3ICIW and the quarantine booking was done in the City Point Hotel Bahrain for the complainant. On a day before the scheduled travel the complainant was tested positive for covid 19. So the complainant could not travel to abroad. In this situation there was no scope for refund of the entire amount paid for the package. Even though, according to the opposite party, he tried his level best to get refunded the amount paid. After much deliberation and efforts the Airline Company agreed provide reusable travel voucher to the complainant and same is also informed to him. It is submitted in the version that hotel accommodation was provided for two persons as per the package. If one person cancels the booking the amount paid for hotel room accommodation and food cannot be get refunded because those booking are meant for the passengers in the chartered flight alone. So it is impossible for the hotel to give whole amount refunded when the cancellation was done a day before the occupancy and it is also difficult to replace a person in the eleventh hour for flying. The opposite party has done all procedures for obtaining a visa for the complainant to Bahrain and also took all steps for covid tests and other arrangements as per covid protocol guidelines at abroad and in India. The hotel authority also arranged vehicles for the passengers from airport to hotel and hotel to airport . It is stated in the version that the opposite party arranged to refund Rs.24,500/- from the hotel authorities for non stay at the hotel and also ready to arrange reusable voucher from the Salam Airlines company. It also stated that the opposite party was not responsible for any misrepresentation of the ticket number in the mail. The opposite party contended that he was not responsible for bearing the loss of the complainant. All things happened solely due to the cancellation of journey by the complainant after affecting covid 19. The opposite party had no intention to deceive the complainant and there was no act of deficiency of service from the side of opposite party. According to the opposite party his firm is a keeping good will and have much experience in the field. It is alleged by the opposite party that the complainant tarnished good will and reputation of the opposite party through social media which had created bad impact on the business of the opposite party. So the opposite party prayed for the dismissal of the complaint with compensatory cost.
4. IA 308/2021 was filed by the complainant to appoint power of attorney to conduct the proceedings and same also allowed by the commission.
5. The power of attorney holder of the complainant and the opposite party filed affidavits and documents. The documents filed from the side of the complainant marked as Ext. A1 to Ext. A10. Ext. A1 document is the copy of air ticket of Salam Airline. Ext. A2 document is the copy of Hotel Voucher stating the confirmation of room for accommodation in “Lets” Go Bahrain Hotel. Ext. A3 document is the copy of the reply mail sent by the Salam Airlines to the complainant stating that no refund for invalid PNR. Ext. A4 document is the copy of mail sent by the Salam Airlines to the complainant informing correct PNR number and refund of for the cancelled ticket. Ext. A5 document is the copy of mail sent by “Let’s Go Bahrain Hotel” to the complainant stating that the balance amount refunded to the opposite party as the complainant was unable to use the facilities due to covid 19. Ext. A6 document is the copy of receipt showing the remittance of Rs.45,000/- by the complainant. Ext. A7 document is the copy of receipt showing the remittance of another Rs.45,000/- by the complainant. Ext. A8 document is the copy of receipt showing the remittance Rs.25,500/- by the complainant. Ext. A9 document is the copy of counter foil showing Rs.20,000/- paid to the opposite party by the complainant. Ext. A10 document is the copy of result of RTPCR test of the complainant stating the complainant tested positive. The opposite party produced documents and marked as Ext. B1 to B7. Ext. B1 document is the copy of Air ticket issued by Salam Airlines booked on 07-05-2021. Ext. B2 document is the copy of business visa number 1217195 for two week issued in favour of the complainant. Ext. B3 document is the copy of hotel voucher of City Point Hotel dated 08/05/2021.Ext. B4 document is the copy of covid test fee payment receipt with receipt No.A202129700075539905 dated 10/05/2021. Ext. B5 document is the copy of credit note of Go Kite travels and town LCC Dubai dated 07/07/2021. Ext.B6 document is the copy of email dated 25/08/2021 sent to the complainant by the opposite party stating that reusable voucher was issued by Salam Airlines. Ext.B7 document is the copy of statement of transaction between the opposite party and the complainant.
6. Heard both sides in detail. Perused documents, affidavits notes of argument filed by both side. The following points arised for the consideration of the commission.
1) Whether there is any act of deficicneny of service on the part of the opposite party.
2) Relief and cost
7. Point No.1and 2
During the time of covid 19 pandemic the complainant and his brother availed a package from the opposite party which included flight ticket to Saudi Arabia via Bahrain, hotel room for quarantine, vehicle facilities, and business visa for two weeks. The complainant paid Rs.1,35,000/- to the opposite party. Ext. A6 to A9 document shows the payment made by complainant to the opposite party. Ext. A10 document shows that the complainant tested positive when RTPCR test was conducted. The scheduled date of travel was on 12/05/2021. But on 11/05/2021 when RTPCR test was conducted the complainant became positive for covid 19. So he could not travel along with his colleague. So the complainant demand to refund the entire amount spent for his trip to Saudi Arabia. The opposite party did not make any dispute over Ext. A6 to A9 documents and Ext. A10 document produced by the complainant. But according to the version and evidence of the opposite party he collected only a small amount as the service charges. It is stated in the version that Rs.56,500/- was paid to Salam Airlines as ticket fare and also paid Rs.79,000/- as cost of quarantine accommodation in the hotel room and visa charges. The complainant did not challenged this statement of the opposite party in his affidavit and also no document produced to contradict the same. According to the opposite party during those time covid 19 protocols and travel restrictions are existed everywhere. Normal International flights were not availed and passengers depended on chartered flights to fly internationally destination. The air tickets booked for the complainant and his colleagues were in a chartered flight named Salam Airlines. The complainant did not challenge these facts in his evidence. The only dispute is with regard to refund of the amount paid for the package to Saudi Arabia. The complainant and the opposite party produced Ext. A1 and Ext. B1 document showing the issuance of the air ticket. According to the complainant the PNR number was not correct and same was revealed by the Salam Airline company in its email reply and the reply letter was marked as Ex. A3. The commission do not give much weight on that aspect. The complainant failed to travel abroad because he tested positive for covid 19 so the change in the PNR number has nothing to do with refund of amount or cancellation of journey. According to the complainant he directly contacted the Salam Airlines Company and the ‘Lets’s Go Bahrain’ Hotel authority for refund of fare after failing the deliberation with the opposite party. The complainant produced Ext. A4 document and Ext. A5 document in order to show the exchanges made between them. As per Ext. A4 document the Airline Company had already processed for the refund to the cancelled ticket. According to the opposite party the Salam Airline company issued reusable voucher in favour of the complainant and it can be used for his future journey and same was informed the complainant also . The complainant and the opposite party produced Ext. A2 document and Ext. B3 document respectively in order to show that hotel accommodation was provided as per package. Ext. A5 document is the reply mail of the Hotel stating that balance amount was transferred to the opposite party. The opposite party stated before this commission that he made arrangement to refund the balance amount from the hotel and amount is stipulated to the tune of Rs.24,500/-. So the hotel authorities are ready to pay the same to the complainant. But from the evidence it can be seen that the complainant did not receive the amount so far. Moreover Ext.A5 document also reveals that the refunded amount was handed over to the opposite party by the hotel. But at the same time opposite party did not taken any steps to refund the amount to the complainant.
8. During the period of pandemic the travelling around the world was restricted due to heavy protocol. So arrangement and substitution cannot be possible as easily as during the time of ordinary life. The statement of the opposite party that there was heavy covid protocol restrictions and so last minute replacement was not possible is believable and acceptable when analysing the evidences. As per Ext. A10 document the complainant was tested positive for covid 19 on 11/05/2021 which was the very previous day of scheduled departure. So the commission finds that it cannot be possible to substitute another person in the place of the complainant. Ext. B2, Ext. B3 and B4 document shows that the opposite party had taken required steps for the package of the complainant. So a sizable amount was spent for the package by the parties involved in execution of the package. In this juncture it is not justifiable to order the refund of full amount paid by the complainant for availing the package. Ext. A4 and Ext. A5 document proves that airline company and hotel authority are expressed their willingness to compensate in a possible way. There was no direct connection between the complainant and parties who provided the package. So the opposite party is bound to hand over the refunded amount of Rs.24,500/- from hotel authority and also make arrangement to give the reusable vouchers to the complainant. The commission also finds that there is no non- jointer of necessary parties in the proceeding as the opposite party expressed and admitted his willingness to arrange and compensate in one way or other from the airline company and hotel authority .
So after evaluating the evidences adduced by both side this commission allows the complaint partly as follows:-
- The opposite party is directed to refund Rs.24,500/- to the complainant as the complainant was unable to travel and use stay facilities in “Lets Go Bahrain hotel”.
- The opposite party also directed to hand over the reusable air ticket voucher to the complainant.
- The opposite party is also directed to pay compensation of rupees 10,000/- to the complainant for the mental agony and hardship suffered by the complainant.
- The opposite party shall pay Rs.5,000/- as the cost of the proceedings to the complainant .
Dated this 30th day of September, 2022.
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
APPENDIX
Witness examined on the side of the complainant:
Documents marked on the side of the complainant: Ext.A1 to A10
Ext.A1: Copy of air ticket of Salam Airlines.
Ext.A2: copy of Hotel Voucher stating the confirmation room for accommodation in “Lets” Go Bahrain Hotel.
Ext A3: copy of the reply mail sent by the Salam Airlines to the complainant stating that no refund for invalid PNR
Ext A4: copy of mail sent by the Salam Airlines to the complainant informing correct PNR number and of refund for the cancelled ticket.
Ext A5: copy of mail sent by Let’s Go Bahrain Hotel to the complainant stating that the balance amount refunded to the opposite party as the complainant was unable to use the facilities due to covid 19.
Ext.A6: copy of receipt showing the remittance of Rs.45,000/- by the complainant.
Ext.A7: copy of receipt showing the remittance of another Rs.45,000/- by the complainant.
Ext A8: copy of receipt showing the remittance Rs.25,500/- by the complainant.
Ext A9: copy of counter foil showing Rs.20,000/- paid to the opposite party by the complainant.
Ext A10: copy of result of RTPCR test of the complainant stating the complainant tested positive.
Witness examined on the side of the opposite party:
Documents marked on the side of the opposite party: Ext. B1 to B7
Ext.B1: copy of Air ticket issued by Salam Airlines booked on 07-05-2021.
Ext.B2: copy of business visa number 1217195 for two week issued in favour of the complainant.
Ext.B3: copy of hotel voucher of City Point Hotel dated 08/05/2021.
Ext.B4: copy of covid test fee payment receipt with receipt No.A202129700075539905 dated 10/05/2021.
Ext.B5: copy of credit note of Go Kite travels and town LCC Dubai dated 07/07/2021.
Ext.B6: copy of email dated 25/08/2021 sent to the complainant by the opposite party stating that reusable voucher was issued by Salam Airlines.
Ext.B7: copy of statement of transaction between the opposite party and the complainant.
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
