In the District Consumer Disputes Redressal Commission, Hooghly, At Chinsurah.
Case No. CC/184/2023.
Date of filing: 09/10/2023. Date of Final Order: 14/08/2024.
1. MS ANGANA NANDY .....COMPLAINANT NO.1
2. MS AHANA NANDY .....COMPLAINANT NO.2
BOTH DAUGHTERS OF SRI SUBIR NANDY.
GARBATI DOLTALA, P.O. BUROSHIBTALA,
P.S. - CHINSURAH, DIST:- HOOGHLY, PIN CODE-712105
-: VERSUS :-
- Authorised Signatory,
M/S GO AIR,
UPPER DEPARTURE LEVEL NEW INTEGRATED TERMINAL BUILDING (NITB/T2) N.S.C.B.I., KOLKATA,
WEST BENGAL, PIN - 700052, P.S.- N.S.C. BJ Airport
....OPPOSITE PARTY NO.-1
- M/S HAPPY EASY GO INDIA PRIVATE LTD.
PLOT NO 242 AND 243. PHASE IV,
GURUGRAM, HARYANA, PIN - 122015. PS-Sushant Lok.
…….OPPOSITE PARTY NO.-2
Before: President, Shri Debasish Bandyopadhyay.
Member, Debasis Bhattacharya.
Member, Babita Chaudhuri.
FINAL ORDER/JUDGEMENT
Presented by:-
Babita Chaudhuri, Member.
Brief fact of this case:- This case has been filed U/s. 35 of the Consumer Protection Act, 2019 by the complainant stating that the Complainant No. 1 and Complainant No. 2 are full sisters and Medical students one at R.G. Kar Medical College and Hospital at Kolkata and another at North Bengal Medical College and Hospital.
Both the complainants for the purpose of their Medical Education from Kolkata Airport to Bengaluru purchased two E-tickets through internet by mode of on line payment of Rs. 13.474.00 from Opposite Party No. 2 who happened to be the authorized agent of O.P. No.1 Airways Company on 25.07.2022 and the Proposed Journey was schedule on 30.09.2022 vide Flight No. G8789, bearing E- ticket No. H4T45F, H4T35F.
That the Opposite Party No. I AIR ways Company all of a sudden cancelled the flight dated 30.09.2022 scheduled to be departed at 9.30 hours and re scheduled the said flight on different date and time which could not be matched and adjusted with the time framed arrival of the complaints at Bengaluru from Kolkata for the Complaints. So, with the contact of the Opposite Party No. 2, they become assured for the return price of the AIR tickets, they instantly cancelled the said Air tickets and made alternative arrangement to go to Bengaluru by expending huge money.
That after cancelling the said two Air tickets, the complainants in due time reached out to Air lines customer service team of O.P. No. 1 and its travel agent O.P. No. 2 through Email and Telephone and they were requested for Refund of the price of the Air tickets. Both of them initially confirmed the cancellation of Air Ticket and had assured to refund the prices of the cancelled Air tickets within 48 hours."
But the Opposite Parties was not commital to their assurance of refunding the prices of the Two Cancelled Air Tickets. Thereafter, the complainants by telephonic conversations had requested the Opposite Parties No. 1 and 2 for immediate refund of the prices of cancelled AIR Tickets. Unfortunately, the opposite parties have become reluctant to refund the prices of the said two cancelled AIR Tickets.
The complainants then approached the District Consumer affairs department, Hooghly who took initiative to settle the matter by sending notice to both the opposite parties for a tri- party sitting. But inspite of receiving notice the Opposite Parties did not turn up in the said scheduled date of sitting. So these complainants again requested both opposite parties by E-mail on 24.12.2022 to refund the prices of canceled AIR tickets. But till this date they did not discharge their liability.
So these complainants have jointly filed this instant consumer complaint for redressal of their bonafide grievances and with hope to get an appropriate and proper reliefs.
Complainant filed the complaint petition praying direction upon the opposite party to refund the Price of two cancelled Air tickets Rs. 13, 474 along with interest as the Ld. Commission may deem fit and proper and pay a sum of Rs. 2,00,000/- for deficiency of service and to pay a sum of Rs. 50,000/- for causing mental torture, harassment and to pay a sum of Rs. 50,000/- as cost of the proceedings.
Issues/points for consideration
On the basis of the pleading of the parties, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following points for consideration:-
- Whether the complainant is the consumer of the opposite parties or not?
- Whether this Forum/ Commission has territorial/pecuniary jurisdiction to entertain and try the case?
- Is there any cause of action for filing this case by the complainant?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get relief which has been prayed by the complainant in this case or not?
Evidence on record
The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition.
Argument highlighted by the ld. Lawyer of the complainants
Complainant filed written notes of argument. As per the evidence on affidavit and written notes of argument of complainants are to be taken into consideration for passing final order.
Argument as advanced by the ld. Advocate of the complainant heard in full. In course of argument ld. Lawyer of complainants have given emphasis on evidence and document produced by parties.
DECISIONS WITH REASONS
The first three issues/ points of consideration which have been framed on the ground of maintainability and/ or jurisdiction, cause of action and whether complainants is a consumer in the eye of law, are very vital issues and so these three points of consideration are clubbed together and taken up for discussion jointly at first.
Regarding these three points of consideration it is very important to note that the opposite parties inspite of receiving notice have not filed any W/V and also have not filed any petition on the ground of non maintainability of this case. This District Commission after going through the materials of the case record finds that the complainants are residing at P.S. Chinsurah, District, Hooghly which is lying within the territorial jurisdiction of this District Commission. Moreover, this complaint case has been filed with a claim of below 50 lakhs and this matter is clearly indicating that this District Commission has also pecuniary jurisdiction to try this case. Moreover, u/s 34 of the Consumer Protection Act, this District Commission has jurisdiction to try this case. On close examination of the pleadings of the complainants it also transpires that there is cause of action for filing this case by the complainant side against the opposite parties. Moreover after going through the provisions of Section 2 (1) (e) of the Consumer Protection Act, 2019 it appears that this case is maintainable and according to the provision of Section 2 (7) of the Consumer Protection Act, 2019. Complainant is a consumer in the eye of law.
All these factors are clearly depicting that this case is maintainable and complainants are consumer of the opposite parties and this District Commission has territorial/ pecuniary jurisdiction to entertain and try this case and there is also cause of action for filing this case by the complainants against the opposite parties. Thus, the above noted three points of consideration are decided in favour of the complainants.
The point no. 4 is related with the question as to whether there is any deficiency in the service on the part of the opposite parties or not? The point no. 5 is connected with the question as to whether the complainants are entitled to get any relief in this case or not? These two points of consideration are interlinked and/ or interconnected with each other and for that reason these two points of consideration are clubbed together and taken up for discussion jointly.
For the purpose of deciding the fate of these two points of consideration and for the interest of getting answers of the above noted questions, there is necessity of scanning the evidence on affidavit filed by the complainants and there is also necessity making scrutiny of the documents filed by the complainants of this case.
For the purpose of arriving at just and proper decision in respect of points of consideration nos. 4 and 5 this District Commission finds that there is necessity of making scrutiny of the evidence given by the complainants. In this regard it is important to note that the ops have neither filed any W/V nor filed any evidence on affidavit to disprove the case of the complainants. On close examination of the evidence given by the complainant’s side it is revealed that the complainants have categorically described their case in the evidence and the evidence given by the complainants are also supported by documents. It is also revealed that the evidence (oral and documentary) which is given by the complainants side remains unchallenged and/ or uncontroverted as no cross examination has been highlighted in this case by the ops. After going through the materials of this case record this District Commission finds that there is no reason to disbelieve the unchallenged and uncontroverted testimony of the complainants side. It is also transpires that the complainants have proved their case by way of adducing evidence in connection with the points of consideration nos. 4 and 5 which have been adopted in this case.
All the above noted factors are clearly reflecting that the complainants are entitled to get relief in this case which has been prayed by this District Commission.
In the result it is accordingly
ORDER
that the complaint case being no. 184 of 2023 be and the same is allowed on ex parte with cost.
Opposite parties are directed to refund the total price of the two cancelled air tickets of Rs.13, 474/- within a period of 45 days from the date of this order in favour of the complainants.
The opposite parties are also directed to pay compensation of Rs.10,000/- to the complainants towards mental agony, harassment and Rs.5, 000/- towards cost of litigation, within 45 days from the date of this order.
Complainants are at liberty to put the final order into execution after expiry of the appeal period.
Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
The Final Order will be available in the following website www.confonet.nic.in.
