Haryana

Karnal

CC/385/2020

Satinder Pal Singh Malhi - Complainant(s)

Versus

British Airways - Opp.Party(s)

Kanav Deep Singh

06 Apr 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                         Complaint No.385 of 2020

                                                        Date of instt. 25.09.2020

                                                        Date of decision:06.04.2021

 

Satinder Pal Singh Malhi, aged 62 years, son of Shri Onkar Singh, resident of House no.250, ward no.9, Natha Singh Nagar, Taraori, District Karnal through its SPA Gursharan Singh Grewal son of Shri Suran Singh Grewal, resident of House no.252, ward no.9, Taraori, District Karnal (Adhar no.8473 7162 7477)

…….Complainant.

                                              Versus

 

British Airways, Head Office, DLF Plaza Tower, DLF Qutab Encl. PH-1, Gurugram 122002 Haryana (India) through its Authorized Person.

 

                                                                        …..Opposite Party.

               

       Complaint U/S 35 of the Consumer Protection Act, 2019.              

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary……Member

 

 Present  Shri Kanav Deep Singh counsel for complainant.

               Shri Rahul Bali counsel for opposite party.

 

                (Jaswant Singh President)

 

ORDER:                    

 

                This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 on the averments that complainant alongwith his wife Mrs. Harvinder Kaur Malhi were planned to visit Canada because of their son are citizen of Canada. For that purpose complainant booked air ticket from opposite party (hereinafter referred as to OP) bearing reference no.VG94VX for 02.04.2020 at 1.50 a.m. departing from New Delhi and was reaching Toronto at 3.55 p.m. for Rs.1,47,384/-, which was paid through credit card of the complainant on 18.01.2020. Because of Covid-19 crises and national lockdown the abovesaid ticket was cancelled by the OP and complainant was given option to book the same ticket again in future. Though, complainant have booked air ticket again from OP for 15.06.2020 departing from New Delhi at 10.20 a.m. and reaching Toronto 7.55 p.m. for that purpose additional Rs.32,730/- were also paid to the OP, but same ticket was also cancelled by the OP due to lockdown limitation. After the cancellation of abovesaid flights on booking reference no.VG94VX, the OP has given future travel voucher to the complainant in full value of ticket price and complainant in order of redeem these vouchers have booked air ticket again from OP for 06.07.2020 and same was also changed to 16.07.2020 departing from Delhi at 1.50 a.m. This flight was also cancelled by the OP due to lockdown limitation. Again complainant left with no other option then to book air ticket from the OP for 02.08.2020 this flight was also cancelled by OP, then complainant again booked the same ticket for 20.08.2020 which was also cancelled by the OP. Then complainant has been given an option to travel on 03.09.2020 and for that the ticket was issued to the complainant and again it was change to 31.08.2020 which was a relief flight. On 14.08.2020, the complainant has sent an email to contact OP regarding the travel restriction if any as he was having a visitor visa (Super visa). But no information was shared at that time on 17.08.2020, the complainant has contacted the OP again through phone call where he was informed by the British Airways person from office that complainant was not permitted to travel whereas as per Indian Government guidelines and Canada Government guidelines immediate  family member of Canadian citizen are permitted to travel to Canada, but the person from British Airways office informed the complainant that their airlines have different guidelines and when complainant asked for the refund of the abovesaid amount to the OP, the British Airways have issued future travel voucher again to the complaint bearing voucher code 125-2112133296. The complainant left with no other option then to travel to Canada on some other airlines i.e. Air Canada on 10.09.2020 as complainant is a cancer patient and Covid-19 spread was becoming critical in India, so the complainant choose to travel to Canada through Air Canada. On 23.08.2020 the complainant asked the OP to refund the amount paid by him to OP through an email but till date no reply has been received by the complainant from the OP. Due to this act and conduct of OP complainant suffered mental pain, agony and harassment as well as financial loss. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to maintainability. On merits, it is pleaded that complainant booked air tickets form OPs for travel from New Delhi to Toronto via London on 18.01.2020 by paying an amount of Rs.1,47,000/-. In March, 2020 Air travel was totally disrupted on account of Covid-19. The OP started to offer to all its customers the option of exchanging their existing bookings for a travel voucher that could be issued for payment towards future booking. The OP added an information on its website which included the terms and conditions as well as Frequently Asked Questions (FAQs) and a link to web-form which the customers could use to apply for travel voucher, in case they were interested. Complainant was one of the customers who opted for vouchers and filled out and submitted the said form to obtain a travel voucher and the complainant’s requested for travel vouchers against his bookings for two tickets were received on March 17 & 19, 2020. It is further pleaded that on 23.03.2020 the travel vouchers under nos.1252105933619 and 1252105933620 were also entered in the complainant’s PNR. It is further pleaded that in anticipation of the lifting of travel restrictions, the complainant utilized the travel voucher for booking his tickets for 15.06.2020 which were issued to the complainant for 15.06.2020 at an additional charges of Rs.32,370/- on account of the difference in fare on the fresh date of travel as against the fare on the original date of travel. It is further pleaded that as the restrictions on international flights on account of Covid-19 continued to be in force, the complainant was unable to utilize the re-issued tickets and the said tickets were also cancelled against which the complainant made fresh bookings against the vouchers issued to him and booked tickets fights no.BA1042 from New Delhi to London and booked tickets for travel from New Delhi to Canada via London on 06.07.2020. However, due to continuing travel restrictions on account of Covid-19, the travel dates were first changed to 16.07.2020 and later changed to 02.08.2020. It is further pleaded that as the flights did not resume even by this time, the bookings were cancelled and fresh travel vouchers bearing voucher code nos.1252112133296 and 1252112133297 were issued by the OP for the full value of the ticket prices, which were sent to him vide email dated 17.08.2020. The complainant was required to complete his travel under tickets bought by redeeming these vouchers by 30.04.2022.

3.             Further, complainant using his voucher again purchased tickets for travel 20.08.2020 which also could not be utilized on account of Covid-19. It is only around this time that special air travel arrangements (Air Transport Bubble) between India and United Kingdom (UK) were finalized and the complainant booked his tickets for travel on 03.09.2020 but later changed his travel date to 31.08.2020. It is stated that on the website of the OP, the various travel restrictions and conditions for flights from India to UK were clearly displayed so as to enable the passengers to make their bookings only if they were eligible to travel. As per the travel agreement between India and UK, an Indian National could travel from India to UK if he had a UK visa and was destined for UK only. However, the complainant and his wife were destined for Canada and were only transiting through UK. It is further pleaded that for transit through UK, the only persons who were eligible were standard UK nationals or residents and foreign national transiting through UK or spouses of foreign nationals. As the complainant and his spouse were Indian Nationals with the tourist visa for Canada and were only transiting through UK but were not destined for UK, they were not eligible to travel on the flights being operated from India to UK under the bubble arrangement between the Government of India and UK. Therefore, the complainant failed in his duty to confirm that he and his wife would be allowed entry into UK on the tickets booked by him before booking his tickets on the flight of the OP for travel to Canada via London on 31.08.2020. However, the complainant is still free to utilize his voucher for travel on the flight of the OP provided the travel is completed by 30.04.2022. There is no deficiency in service and unfair trade practice on the part of the OP as the OP was bound to act in accordance with the directives of the Government of India which imposed restrictions on international travel on account of covid-19 and the OP cannot be held liable for any inconvenience caused to the complainant on account of such restrictions. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Complainant tendered into evidence his affidavit Ex.CW1/A, special power of attorney Ex.C1, Air Canada ticket Ex.C2, boarding pass Air Canada Ex.C3, British Airways tickets 16.07.2020 Ex.C4, British Airways tickets dated 15.06.2020 Ex.C5, British Airways coupon dated 23.03.2020 Ex.C6, email sent by complainant dated 23.08.2020 Ex.C7, British Airways coupon mail dated 17.08.2020 Ex.C8, email sent to British Airways dated 14.08.2020 Ex.C9, cancelation email dated 02.08.2020 Ex.C10, credit card bill Ex.C11 and Ex.C12, emails dated 16.03.2020 Ex.C13 and Ex.C14, email dated 22.03.2020 Ex.C15, email dated 24.03.2020 Ex.C16, email dated 15.04.2020 Ex.C17 and email dated 06.05.2020 Ex.C18 and closed the evidence on 18.01.2021 by suffering separate statement.

5.             On the other hand, OP tendered into evidence affidavit of Sanjay Soni Regional Finance Manager with British Airways Ex.OP1/A, future travel voucher application Ex.OP1, booking reference member Ex.OP2, circular Ex.OP3, about Air Transport Bubbles Ex.OP4 and Covid-19 entry requirements and closed the evidence on 23.02.2021 by suffering separate statement.

6.             We have heard the learned counsel of both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant argued that complainant alongwith his wife planned to visit Canada to meet their son and booked air ticket from OP for 02.04.2020 by paying an amount of Rs.1,47,384/-. Due to COVID-19, and national lockdown the said tickets were cancelled by the OP and gave option to book the tickets in future. Complainant again booked air ticket for 15.06.2020 and paid additional charges to the tune of Rs.32,730/- but the same was also cancelled by the OP due to lockdown limitation. Thereafter, OP has given future travel voucher to the complainant in full value of ticket price and in order to redeem these vouchers, the complainant again booked air ticket for 06.07.2020, thereafter for 02.08.2020, then for 20.08.2020 but the flights for the said dates were got cancelled by the OP. The complainant again given an option to travel on 03.09.2020 and the date of flight was got changed from 03.09.2020 to 31.08.2020. On 14.08.2020, complainant send an e-mail to OP regarding travel restriction, if any, as he was having a visitor visa (Super-Visa) but no information was shared at that time. On 17.08.2020, the complainant contacted OP through phone-call and informed that complainant was not permitted to travel whereas as per Indian Government guidelines and Canada Government guidelines immediate family member of Canadian Citizens are permitted to travel to Canada but the person from British Airways office informed the complainant that their airlines have different guidelines. Therefore, the complainant asked for refund of amount but despite refunding the amount, the OP issued future travel voucher to the complainant. Complainant had to travel to Canada by some other airlines i.e. Air Canada on 10.9.2020 as complainant is a cancer patient and COVID-19 was spreading in India, so the complainant choose to travel to Canada through Air Canada. On 23.08.2020, complainant again sends an e-mail to the OP with a request to refund the amount but till date no reply has been received. Hence, prayed for allowing the complaint.

8.             Per-contra, learned counsel for OP argued that the tickets of the complainant were cancelled due to lockdown in the country. The OP added information on its website which included the terms and conditions as well as FAQs and a link to web-form which the customers could use to apply for travel voucher, in case they were interested. Complainant was one of the customers who opted for vouchers and filled out and submitted the said form to obtain a travel voucher and the complainant’s requested for travel vouchers against his bookings for two tickets were received on March 17 & 19, 2020. He further argued that the Air Travel Arrangements published by Ministry of Civil Aviation also clearly specify that passengers must confirm that they would be allowed entry into the destination country. Therefore, it was the complainant’s duty to have confirmed his eligibility to travel before he rebooked his seats on the travel voucher issued to him which the complainant did not do. Hence, prayed for dismissal of complaint.

9.             Admittedly, the complainant booked air tickets for Canada for himself as well as for his wife and paid an amount of Rs.1,47,384/-, which were got cancelled due to COVID-19 and lockdown and again the tickets were booked for 15.06.2020 by paying an additional amount of Rs.32,730/- which were also got cancelled and again for several dates the tickets were got booked by the complainant but that were also got cancelled and the OP had issued vouchers to the amount which was paid by the complainant.

10.           The moot question which fall for consideration is that whether the complainant is entitled to refund of amount paid by him to the OP or not?

11.           It is an admitted fact that firstly the complainant paid an amount of Rs.1,47,384/- and got the tickets booked and thereafter an additional amount of Rs.32,730/- was also paid for second time for booking of tickets but both the times tickets were got cancelled. Thereafter, again many times the complainant got the tickets booked, which were got cancelled by the OP on the guidelines of the Government of India and got issued voucher of the aforesaid amount to the complainant which can be redeemed in future by booking tickets from the OP.

12.           As per the version of the complainant, he is suffering from Cancer and in such kind of disease probability of life is uncertain. Further, the plea taken by the OP that the complainant himself with his own wish filled up the form for getting the vouchers from the OP, has no force at all, as there was no option left with complainant to accept the vouchers. The issuance of vouchers to the complainant by the OP forcibly is not at all justified as the complainant does not want to accept the same. As per the version of the complainant, he and his wife have already fulfilled their purpose to visit the Canada for Cancer treatment by travelling through other air lines i.e. for Canada on 10.09.2020. There is no occasion to withhold the booking amount of the complainant by the OP. Hence, the act of the OP amounts to deficiency in service and unfair trade practice.

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund the amount of Rs.180114/-(Rs.147384/-+32730/-) to the complainant alongwith interest @ 9% from the date of payment till its realization. We further direct the OP to pay Rs.20,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 06.04.2021                                                                    

                                                                      President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

 

 

 

 (Vineet Kaushik)               (Dr. Rekha Chaudhary)

      Member                               Member