FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member,

     The case of the complainant in a capsulated form is that the complainant purchasedto and fro air tickets for Kolkata to Colombo return trip along with his family for the periodof 24.06.2020 to 01.07.2020  from the OP1 being the travelling agent of OP6 and total amount incurred by the petitioner was Rs.83,874/-. Due to COVID 19 pandemiccommercial/international flights were cancelled by the Government of India from15.03.2020. As a result, said to and fro journey automatically got cancelled. TheComplainantcalled upon the OPs several times over phone with a desire to get refund oftickets but could not contact the OPs as the offices of the OPs were closed due to lockdown.Thereafter, the complainant received an email from the Official Executive of the OP5stating that the complainant is eligible for a full refund with a request to bear some moretime. After waiting for more thanone month the petitioner send another reminder to the saidrepresentative of the OP5 giving hem seven day’s rime for the refund of the money . Insteadof refunding the money the complainant received an email that on request of the OP1 atravelling voucher is raised by the OP5. The complainant served a legal notice to the OPs.But the OPs did not bother to refund the money, rather they took another plea stating thatthey cannot commit on the refund amount as they do not have any control over it.Therefore, finding no other option the complainant has compelled to seek relief/reliefs beforethis Ld. Commission.

     OP did not resist the consumer complaint despite service of notice. No WV is filed by the OP within the statutory period. Thus, the case runs ex parte hearing against OPs.

     In support of his case the complainant has tendered evidence supported by an affidavit and also relied on documents annexed with the complaint petition. We have heard argument on merit and have also perused the record.

     Admittedly the complainant purchased 4 air tickets for Kolkata to Colombo return trip for the period of 24.06.2020.to 01.07.2020 from the OP1 Who is the travel agent of OP6  and an amount of Rs.83,874 was incurred by the petitioner for that purpose . There is also no doubt that Government of India cancelled all commercial / international flights from 15.03.2020 due COVID 19 pandemic. Therefore said trip of the complainant automatically got cancelled. On perusal of the documents on record furnished by the complainant it is observed that the complainant sent an email to the OPs 5 & 6to refund the full amount paid by the complainant on purchase of tickets along with his bank account details . Getting no reply from the OPs end the complainant sent similar request again on 06.09.2020, 02.10.2020 and 02.11.2020. Photocopy of  an email goes to show that one of the Officials of the OPs 5 & 6, namely Shanika Fernando , informed the complainant vide an email on 09.07.2021that : “Please be informed that if your booked flight has been cancelled by the airline , your ticket will be eligible for a full refund.” Thereafter the complainant has to send reminder again on 17.08.2021to the said Official of the OPs 5 & 6 giving 7days time limit to refund the money incurred by the complainant.Several correspondence were made between the parties and photocopies of those correspondence are adduced by the complainant with this complaint petition.Those photocopies reveal that said Official of the OPs 5 & 6intimated the complainant on08.08.2021 that:

“Our Office in Mumbai has confirmed that they have already issued a travel voucher (96031830032856) against the ticket refund, upon you or your agent’s request.

Furtheron15th of July, our colleagues have requested your agent to raise Refund Application (RA) if you wish to obtain the refund of the travel voucher.”

The complainant replied this mail through his Ld.Advocate on 25.08.2021 in which it is clearly stated that:

“Having no interest in any travel voucher, my client did not feel the need to respond to such mail .

Having regard to the extreme financial crunch being faced by my client in this hard situation being caused by the pandemic , I call upon you to refund the money forthwith failing which my client will be constrained to move the appropriate authority for realisation of the money and you will be held responsible for all the cost and consequences thereof which please note .”

After receiving the said abovementioned mail one representativeof the OPs 1 to 4, namely PushpalataKotian, contacted the lawyer of the complainant on 25.08.2021 with request to give them 48 hrs to get the information checked and update the complainant.Photocopy of an email dated 28.08.2021 sent by the lawyer of the complainant to the said representative of the OPs 1 to 4 goes to show that:

“Pursuant to your mail received on 25.08.2021, 48 hrs has passed but since then I have not heard from you nor have my client received any confirmation for the refund of the money as stated to you.

Therefore I am now left with no other option than to move the appropriate forum for the recovery of my client’s money.”

In reply on 30.08.2021 the said representative of the OPs 1 to 4 informed the complainant that:

“Unfortunately, we cannot commit on the refund amount. The refund will be as per the airline and we do not have any control over it. As checked we will have to raise RA (Refund Application to claim the refund. The airline normally takes 60 – 65 working for authorization. After the RA authorized the refund if any will be processed from our side in 5 – 7 working days.

Hence, we request you to give us approval for raising the RA.”

     In this regard ,  Ld. Advocate for the complainant cited the matter of Pravasi Legal Cell &Ors  versus Union of India (W.P. (C) D. No. 10966 of 2020 where theHon’ble Supreme Court  mentioned that :

The Ministry of Civil Aviation (MoCA), while acknowledging the unusual situation that has arisen due to the lockdown imposed, to contain further spread of COVID­19 and its consequential effect on the air passengers and airlines, by examining the grievances received from various quarters, issued an advisory to all stake holders in civil aviation sector in the shape of Office Memorandum dated 16th April 2020. The advisory issued read as under:

    “3. … … … …

1. If a passenger has booked a ticket during the first lockdown period (from 25 th of March to 14 of April, 2020) and the airline has received payment for booking of the air ticket during the first lockdown period for travel during the same period, for both domestic and international air travel and refund is sought by the passenger against that booking being cancelled, the Airline shall refund the full amount collected without levy of cancellation charge. The refund shall be made within a period of W.P.(C)D.No.10966 of 2020 etc. three weeks from the date of request of cancellation.

Therefore, the Hon’ble Supreme Court has held that:

“C. For international travel when the ticket has been booked on an Indian carrier and the booking is ex­India

1. If the tickets have been booked during the lockdown period for travel within the lockdown period, in all such cases full refund shall be given by the airlines immediately (this is being mandated vide MoCA’s OM dated 16 th April, 2020 as the airlines were not supposed to book such tickets). This amount shall be passed on immediately by the Agent to the passengers, as the case may be.

W.P.(C)D.No.10966 of 2020 etc.

2. For all other cases, the airlines shall make all endeavours to refund the collected amount within 15 days. This amount shall be passed on immediately by the Agent to the passengers, as the case may be.”

It is true that no WV has been filed by the OP though several opportunities were given to them for filing WV yet they have failed to file the same and as such the allegation stated in the complaint petition remained unchallenged. In view of the above circumstances, we can safely state that on failure to file WV by the OP tantamount to admission of the allegations stated in the complaint petition. We note that the complainant had knocked the OPs time and again. But the photocopies of emails sent by each other clearly reveal that there is continuous negligence and deficiency in service on the part of the OPs. OPs 5 & 6 assured the complainant to refund the amount which was incurred by the complainant for booking the air ticket but failed to commit their assurance.  It is very unfortunate that OPs 1 to 4 also miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs as prayed for.

Based on the discussion above and the law laid by the Hon’ble Supreme Court  We disposed of the consumer case in the following terms :-

1. OPs are jointly and severally directed to refund the amount of Rs.83,874/- to the complainant .
2. OPs are further jointly and severally directed to make payment of Rs. 30,000/- as compensation for harassment caused to the complainant due to deficiency in service.
3. Ops are also directed to pay Rs.10,000/- as cost of litigation to the complainant.
4. Above payments shall be made within 06 weeks from the date of this order failing which the amount shall carry interest @8% per annum from the date of the order till its realization.

Consumer case us thus allowed ex parte against the OP and disposed of as per above observation.

Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.