Punjab

Sangrur

CC/1250/2021

Pardeep Jangra - Complainant(s)

Versus

Cleartrip Private Ltd. - Opp.Party(s)

Sh. Nem Kumar

23 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No. 1250

 Instituted on:   13.10.2021

                                                                         Decided on:     23.10.2023

 

Pardeep Jangra DOB 12.01.1990 son of Shri Ramphal Jangra R/O Ward No.4, Khanauri, Tehsil Moonak, Distt Sangrur (Aadhaar No.90194371 0867).

                                                          …. Complainant.     

                                                 Versus

Cleartrip Private Limited through it MD/Manager/Authorized signatory,  9^th Floor, Tower A, Embassy Tech Village, Devarabeesanahalli, Outer Ring Road, Bangalore-560103.

             ….Opposite party 

For the complainant:                   : Shri Nem Kumar, Adv.              

For the OP                                   : Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER.      

1.             Complainant has filed this complaint  against the opposite party on the ground that he availed the services of the OP by purchasing a flight ticket from the OP for journey from Delhi to Toronto with Trip ID 190416980892 for his brother Shri Kamaldeep Jangra for journey dated 26.4.2019 and paid an amount of Rs.63,254/- to the OP through net banking from his saving bank account number 660301569061 on 16.4.2019. The grievance of the complainant is that the OP cancelled the said ticket on 19.4.2019 due to non operation of flight by the concerned airways as such the OP was legally bound to refund the said amount of Rs.63,254/- to the complainant.  Further it is averred in the complaint that though the complainant approached the OP for refund of the said amount of Rs.63,254/- to the complainant, but the same was not refunded.  It is further averred that the complainant also got served a legal notice upon the OP for refund of the said amount on 8.4.2021, but all in vain.  Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the Opposite party be directed to refund the amount of Rs.63,254/- alongwith interest from the date of payment and further to pay Rs.1,00,000/- as compensation on account of mental agony, tension and harassment and litigation expenses.

2.             Record shows that the RC sent to the OP on 13.2.2023 was not received back, as such OP was proceeded against exparte on 03.04.2023.

3.             The learned counsel for the complainant produced Ex.C-1 to Ex.C-9 copies of documents and affidavit and closed evidence.

4.             The learned counsel for the complainant has argued vehemently that the complainant is a consumer of the OP by purchasing a air ticket from the OP for journey from Delhi to Toronto with Trip ID 190416980892 for his brother Shri Kamaldeep Jangra for journey dated 26.4.2019 and paid an amount of Rs.63,254/- to the OP through net banking from his saving bank account number 660301569061 on 16.4.2019 and to support this contention the complainant has produced Ex.C-2 copy of the air ticket. Ex.C-3 is the copy of bank statement showing the deposit of amount of Rs.63,254/- to the OP on16.4.2019. Ex.C-4 is the copy of legal notice served upon the OP for refund of the said amount. Further the learned counsel for complainant has argued that the OP cancelled the said ticket on 19.4.2019 vide email Ex.C-8 due to non operation of flight by the concerned airways i.e. Jet Airways, as such the OP was legally bound to refund the said amount of Rs.63,254/- to the complainant which was never refunded to the complainant without assigning any reason thereof.  It is worth mentioning here that the complainant has produced Ex.C-9 copy of bank statement, which shows that during the present proceedings the OP refunded to the complainant an amount of Rs.2546/- on 4.4.2022 meaning thereby still an amount of Rs.60708/- still remains to be paid/refunded to the complainant. Further to support all this contentions, the complainant has filed his sworn affidavit Ex.C-7.   After perusal of the record and hearing arguments of the learned counsel for the complainant, we find that the complainant has successfully proved his case  by producing cogent, reliable and trustworthy evidence on record and the OP chose to remain exparte. In the circumstances of this case, we find it to be a clear cut case of deficiency in service.

5.             In view of our above discussion, we allow the complaint and direct OP to refund/pay to the complainant an amount of Rs.60,708/- alongwith interest @ 7% per annum from the date of deposit till realization. We further direct OP to pay to the complainant an amount of Rs.5,000/- as compensation for mental tension, agony and harassment and an amount of Rs.5000/- as  litigation expenses. 

6.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

7.             This order of ours be complied with within a period of thirty days of its communication. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

                        October 23, 2023.