Chandigarh

DF-I

CC/15/2019

Vishal Bhardwaj - Complainant(s)

Versus

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

Shiv Krishan Sehgal

27 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/15/2019
Date of Institution	:	08/01/2019
Date of Decision	:	27/01/2021

 

 

Vishal Bhardwaj S/o Sh. Jagdish Chand, R/o H.No.3445/1, Sector 38-D, Chandigarh.

…..Complainant

 

V E R S U S

 

Cleartrip Pvt. Ltd., Unit No. 001, Ground Floor, DTC Building, Sitaram Mills Compound, N.M. Joshi Marg, Lower Parel, Mumbai-400011, through its Director.

…… Opposite Party

QUORUM	:	RATTAN SINGH THAKUR	PRESIDENT
		SURESH KUMAR SARDANA	MEMBER

                                                                       

For Complainant	:	None.
For Opposite Party	:	None.

 

Per Suresh Kumar Sardana, Member

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant booking air tickets from the mobile app. of the Opposite Party from Chandigarh to Lucknow with departure dated 28.01.2019 and the return ticket dated 30.01.2019 vide Trip I.D. 181218347262 on 18.12.2018 per Annexure P-1. After completing the booking, Complainant realized that he has booked the tickets for the wrong dates and therefore, tried to modify the same from the mobile app, but could not succeed owing to technical error. Thereafter, the Complainant called the Customer Care Helpline, but again the date could not be changed and the Complainant was informed that no flights were available; whereas, according to the Complainant Cleartip app was showing multiple flights available for fresh booking. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party in its reply, while admitting the basic facts of the case, pleaded that it provides a facility/platform for booking of flight tickets and the actual service providers are the Airline. On receipt of payment of Rs.44,975/- the booking was successful and an e-ticket bearing Trip I.D. 181218347262 was sent to the e-mail of the Complainant provided him at the time of booking. On 18.12.2018, Complainant contacted the Customer Support Team of Opposite Party and informed that mistakenly he had booked for travel on 28^th January – 30^th January, 2019 instead of booking for 28^th December – 30^th December, 2018. The Customer Support Executive assisted the Complainant to amend the booking for the desired dates, but could not find any flights available due to lot of traveling happened on account of Christmas Eve. The Support Executive also inquired with the Complainant on the flexibility of the dates, but he refused to travel on other dates. Pleading that there was no deficiency in service on its part, a prayer has been made for dismissal of the complaint.
4.         The complainant has filed a rejoinder, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party.
5.         Parties were permitted to place their respective evidence on record, in support of their contentions.
6.         We have gone through the entire record with utmost care and circumspection.
7.         There is no dispute about the fact that on 18.12.2018 at 10:04 p.m., the Complainant did an online roundtrip flight booking through the mobile application for the travel of five passengers to travel from Chandigarh to Lucknow and return.
8.         It is also an admitted fact that the Complainant had mistakenly done the booking for travel on 28^th January – 30^th January 2019 instead of booking for 28^th December – 30^th December, 2018. Indisputably, the Complainant contacted the Customer Support Executive of Opposite Party for making amendments to the booking for the desired dates of 28^th December – 30^th December, 2018.
9.         It is the case of the Complainant that Opposite Party intentionally desist him from rescheduling the ticket, so that in compulsion he cancel his ticket and Opposite Party can earn money by levying cancellation fee on him. Also, the Complainant claims that the Cleartrip app. was showing multiple flights available for fresh booking. However, the Complainant could not provide any proof to substantiate the same.
10.         Per contra, Opposite Party held its nerve on the ground that its Customer Support Executive tried to amend the booking on the dates requested by the Complainant, but could not find any flights available, being the Christmas Eve week. Even the Opposite Party inquired the Complainant on the flexibility of the dates, but he refused to travel on other dates.
11.         We have perused the e-ticket bearing Trip I.D. 181218347262 (Ann.P-1) and found that the ticket was a non-refundable one. It has been noticed that due to emergence of online booking system, the scenario of fairness had almost extinguished. Even, if a person while booking the ticket Online for a particular destination by mistake fills a wrong date and tries to correct the mistake and got a proper ticket, he is bound to suffer great loss of money by way of cancellation charges.  The airlines have high bargaining power, unquestionable stature, have no consideration for the just and legal rights of the innocent public/travelers. They are bound to pay back the amount which they have got from the passengers on cancellation or change of flight. To our mind, the terms & conditions as prescribed to justify the confiscation of amount, as in the present case, is unfair and against the public policy as envisaged by the observations by  Hon’ble Supreme Court of India in case Central Inland Water Transport Corporation  Ltd. & Anr. Vs. Brojo Nath Ganguly 1986 AIR 1571. In this backdrop, cancellation of ticket or modification of date of journey made prior to 24 hours from the schedule departure of the flight shall not in any case entail or beget any penalty on the passengers.
12.         Although the Opposite Party in its reply itself admitted that Complainant contacted its Customer Support Team on 18.12.2018 (on which date the booking was made by the Complainant through the mobile application of Opposite Party), yet nowhere the Opposite Party stated that on account of non-availability of flights for the preferred dates, it has desired the Complainant to cancel the tickets. It is also not the case of the Opposite Party that it has processed the request of the complainant for refund, but the same was declined as per terms & conditions applicable thereto. At any rate, when the Complainant did not intend to travel on any other dates and insisted the booking to be amended for 28^th December – 30^th December, 2018, for which no flights were available, the Opposite Party ought to guided the Complainant to cancel the tickets and thereafter to process the refund forthwith, which it miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
13.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]    To refund Rs.44,975/- to the Complainant;

[b]     To pay Rs.5,000/- as compensation to the complainant for deficiency in service, unfair trade practice and for causing harassment caused to him.

[c]     To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

 

14.         The above said order shall be complied within 30 days of its receipt by Opposite Party; thereafter, Opposite Party shall be liable for an interest @9% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
15.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

27^th Jan., 2021

                        Sd/-  

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”