Chandigarh

DF-I

CC/557/2022

Dr. Harshal Mandavdhare - Complainant(s)

Versus

Cleartrip India Pvt. Ltd. - Opp.Party(s)

Harpreet Saini

11 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/557/2022
Date of Institution	:	30.5.2022
Date of Decision	:	11.9.2023

 

1.   Dr. Harshal Mandavdhare S/o Surendra Mahadeorao Mandavdhare R/o House No.203, Sector 40-A, Chandigarh 160036.

2.   Shruti Aglawe W/o Dr. Harshal Mandavdhare R/o House No.203, Sector 40A, Chandigarh 160036.

3.   Maitreya Mandavdhare S/o Dr. Harshal Mandavdhare r/o House No.203, Sector 40-A, Chandigarh 160036 since minor through his natural guardian and next friend Shruti Aglawe (mother).

 

… Complainants

V E R S U S

1.   Cleartrip India Pvt. Ltd. office at 06 Godrej Business District Pirojshanagar Vikhroli Mumbai 400079  through its Manager or authorized representative.

2.   Go Airlines India Ltd. office at C1 1^st floor Wadia International Centre Pandurang Budhkar Marg Worli Mumbai 400018 through its Manager or authorized representative.

.  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		Sh. Harpreet  Saini, Advocate for complainants.
		Sh. Atul Sharma, Advocate for OP No.1
		Ms. Niharika Goel, Advocate proxy for Sh. Paras Money Goyal, Advocate for OP No.2.

Per SURJEET KAUR, Member

     Briefly stated the complainant No.1 booked return ticket of OP No.2 Airlines through OP No.1 for onwards and outward journey from Chandigarh to Nagpur on 7.12.2021 and 20.12.2021 respectively. The cost of ticket from Chandigarh to Nagpur was Rs.11146/- whereas the cost of ticket from Nagpur to Chandigarh  was Rs.13,232/-. The complainant No.1 received an email from OP No.2 that the flight scheduled for 7.12.2021 has been cancelled as a result whereof the complainant had to book another flight after incurring Rs.17,576/-. Even the ticket booked from Nagpur to Chandigarh was also cancelled and the complainant No.1 had to again purchase another ticket for Rs.18,778/-. It  is alleged that the OP No.2 refunded Rs.12652/- only for the cancelled ticket from Nagpur to Chandigarh whereas refunded Rs.2032/- only for the ticket from Chandigarh to Nagpur,.  The complainant raised the issue with the OPs requesting full refund of Rs.11146/- but to no avail. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties NO.1 in its reply stated that it merely provides a facility/platform for booking of flight tickets and the actual service providers are the Airline companies and same is clearly mentioned in the terms and conditions of OP No.1. It is averred that the complete refund has been made to the complainant but still the instant case has been filed by the complainants. Denying any deficiency on its part all other allegations made in the complaint has been denied being wrong.
3. OP No.2 in its reply while admitting the factual matrix of the case stated that it had already refunded the amount of Rs.2032/- on 11.1.2022 and Rs.8,534/- on 21.6.2022 to the OP No.1 vide Annexure OP-2/2. It is averred that the  cancellation of flight was beyond the control of the answering OP and the cancellation was intimated to the complainants well in time. It is further averred that no cause of action has arisen in favour of the complainant as refund has already been made to the complainants. Denying any deficiency on its part a prayer for dismissal of the complaint has been made.
4. No rejoinder filed on behalf of the complainants.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The sole grouse of the complainants through the present complaint is that the flight in question was cancelled on both occasions by OP No.2  for the purpose of already fixed tour and as a result of that they had to book another expensive flight tickets. Hence, they have prayed for the refund of Rs.11,146/-  for the ticket from Chandigarh to Nagpur  and also the difference of the amount paid for expensive ticket.
8.  The stand taken by OP No.1 the booking company is that it was OP No.2 the airlines to refund the alleged amount. As and when the amount was paid to it on 21.6.2022 the same was immediately transferred in the account of the complainant.
9. The contention of OP No.2 is that the cancellation of flight is beyond its control and cancellation was intimated to the complainants. Importantly the disputed amount has already been refunded to the complainants therefore no case is made out against it.
10. After going through the documents on record, and admitted fact of the case during the oral arguments, it is clear that the disputed amount has already been refunded. Pertinently the present complaint was filed on 30.5.2022 and the amount in question was admittedly refunded on 21.6.2022.  In our opinion the complainants had to struggle hard to get refund of the amount in question from the OP No.2. The inactive approach of OP No.2 forced the complainants to resort to the present unnecessary litigation, which caused immense mental agony and harassment to the complainants. Hence, there is clear cut deficiency on the part of OP No.2 only and it is liable to compensate the complainants.   
11. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP No.2 is directed as under:-

1. to pay Rs.8000/- to the complainants as compensation for causing mental agony and harassment to them;
2. to pay Rs.5000/- to the complainants as costs of litigation.

12.      This order be complied with by the OP No.2 within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
13. Complaint against OP No.1 stands dismissed.
14. Pending miscellaneous application(s), if any, also stands disposed off.
15.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member
11/9/2023
mp