DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 142 of 2021.

 

1. Sri Shyamal Das,

S/O. Babul Das,

of Abhoynagar, 

Near Blook Sun Club,

P.O.-Abhoynagar, PIN-799005,

P.S.-NCC Police Station, Agartala. 

Dist.- West Tripura …....…......................................................Complainant.

 

 

-VERSUS-

 

 

1. Director(Prashant Pitti)

EASE MY TRIP

Building No.-223,

Patparganj Industrial Area,

Pataparganj, New Delhi,

Pin-110092, 

P.S.-Madhu Vihar Patparganj Police Station. 

 

 

2. Chairman & Managing Director Air India Ltd. 

AIR INDIA

Airlines House,

113, Gurudwors Rakabganj Road,

Sansad Marg Area,

New Delhi, Delhi-110001,

P.S.-Sansad Marg Police Station. 

 

3. Station Manager Agartala Air India Ltd.

AIR INDIA, 

Agartala Airport,

Agartala, Tripura-799009,

P.S.-Narsingarh Police Station. 

Dist.-West Tripura …..........................................................Opposite Parties.

 

 

    __________PRESENT__________

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

For the Complainant : In person. 

 

For the O.P. No.1 : Sri Ranjan Bhattacharjee,

  Sri Kushal Deb,

  Sri Dipankar Das,

  Sri Saurab Das,

  Advocates.

 

For the O.P. Nos. 2 & 3 : Sri Pradip Chakraborty,

    Advocate.

 

JUDGMENT  DELIVERED  ON: 19/01/2023.

 

 

J U D G M E N T

Complainant Sri Shyamal Das filed this instant case U/S 35 of the C. P. Act 2019 for an order directing the O/Ps for payment of compensation of Rs. 4,10,000/- for  mental and physical sufferings and litigation cost etc. due to the deficiency caused by the O.Ps 

The complainant’s case, in brief, is that the complainant is a businessmen and he is only earning member of his family. The Complainant booked Air ticket from Ease My Trip on 15/02/2020 for himself of his family  members and value of ticket is Rs.5,856/-, journey date was of 31/07/2020 by Air India vide Air India PNR No. JRJKT and booking Air ticket ID is 0983758853926 and Ease My Trip booking ID is EMT 70498516. Due to country wide lock-down all the Air India Flights became canceled on February, 2020. Then, the Complainant contact with the Air India on February 16, 2020 and rescheduled his tickets on June, 2021. On February, 2021 the Complainant contacted Executive Air Ticket told the Complainant that the Complainant can collect RA number from Ease My Trip than only the Air India can rescheduled the tickets. Therefore, the Complainant contact with Ease My Trip on 23/02/2021 and there was a discussion in between him and personal of Ease My Trip and the Complainant requested them to provide RA Number of his tickets. Then, the Executive of Ease My Trip told the Complainant to send a ticket cancellation request and immediately the Complainant sent a cancellation request for his tickets. Then, the Executive of Ease My Trip give him RA Number. On the same day the Complainant contacted with the Air India Executive and told them that his tickets have RA Number and now the Complainant requested them to rescheduled his tickets and on the same day i.e. on 23/02/2021 Air India send new PNR number HM4VY to the registered Email of the Complainant for his ticket. The ticket number is 0983758853926 which were as like as his old PNR. On 11/06/2021 the Complainant went to Agartala Airport for web checking then the Complainant found out from Air India counter that their tickets from Kolkata to Agartala which was scheduled on 18/06/2021 were canceled. Then, the Complainant asked to the Airport Authority that the Complainant had re-scheduled his tickets from Air India than what for their tickets were canceled. The Executive of Air India replied that Ease My Trip has canceled their tickets and they advised to the Complainant to contact with Ease My Trip. Then, the Complainant left the Airport. The Complainant also came to know that Air India Flight was canceled for the journey on 12/06/2021 & 18/06/2021. The instance of ticket cancellation now within the knowledge of the Complainant and for that the Complainant is entitled to get the full value of air fare or he may be entitled reschedulement of his tickets there are the desire of the Complainant. As Complainant purchased his tickets through Ease My Trip for the journey through Air India and the Air India refunded the money for Air ticket fare to the Ease My Trip. On 12/06/2021 Ease My Trip made a reply of that mail to the Complainant and answered to the Complainant that they initiated the case vide No.EMT1717669314. On the same day Ease My Trip again send one email to the Complainant and informed to the Complainant that they will able to refund Rs.708/- only. The Complainant immediately contact with the Air India Customer Care where from the Complainant was informed that they refunded the full fare for Air Tickets to the Ease My Trip. As Air India refunded full Air Ticket fare to the Ease My Trip the Complainant again contact with the Ease My Trip with Customer Care and asked them why they canceled the confirmed ticket having PNR No.HM4VY as Complainant did not send any cancellation request for the said PNR. On reply the Executive of Ease My Trip told the Complainant that they have no record of this PNR and Executive also told that Ease My Trip have only one PNR vide No. JRJKT which was canceled earlier. The Complainant, then immediately contact Air India and asked the Executive of Air India that what for Air India canceled the reschedule tickets of the Complainant and refunded the money to the Ease My Trip. On reply the Executive of Air India told to the Complainant that after receiving the refund application from the Complainant they canceled the tickets of the Complainant and refund his Air fare value. Being aggrieved dis-satisfied by the Act of the both O.P. namely O.P. No.1 i.e. Ease My Trip and O.P. Nos.2 & 3, Air India, Complainant, Sri Shyamal Das filed this instant case for claiming of compensation of Rs.4,10,000/-. The Complainant stated that the behavior of the O.Ps. are totally deficient which caused pain agony and in-convenience for the Complainant and his other family members. On later dates Complainant send one notice to the Air India and tried to contact with the both O.Ps. for relief but all of his attempts in vain.          

2.    On the other hand O.P. No.1 appeared and filed Written Statement denying all the allegations made by the Complainant. It is stated by the O.P. No.1 that present complaint filed by the Complainant is absolutely ex-facie false, erroneous, flimsy & misconceived and built on self servicing assumption and interpretation and they also stated that the complaint is completely devoid of merit. O.P. No.1 is a Company duly incorporated under the Companies Act, 1956 enjoys immense goodwill and reputation for providing superlative services to thousands of the consumers. It is stated that O.P. No.1 acts as a facilitator for booking the confirmed Air tickets, domestic and international holiday packages, hotel reservations, rail and bus tickets. Any person intending to purchase any product or avail the services of the O.P. No.1, is bound to adhere by the terms and conditions and User Agreement. It is also mentioned that for availing services of the O.P. No.1 intended traveller has to enter into an e-contract with the O.P. No.1 by consenting the terms and conditions of the O.P. No.1. Any alternative or modification in the booking can be down as per policy of the O.P. No.1. It is also stated by the O.P. that there is no statutory of jurisdiction U/S of the C.P. Act, 1986. The present case has been filed with a motive to fasten the liability or loss caused to the Complainant due to his own fault. The O.P. No.1. To avail service of the  O.P. No.1 the intended traveller has to create an account with O.P. No.1 through mail ID or mobile number of the user and the user was also have to chose a password to excess the user account registered with the O.P. No.1 and Rs.5,856/- was also refunded to the Complainant. O.P. also denied the cancellation of the booking by his own.  It is also stated that as the O.P. No.1 refunded the Air fare value as such there is no deficiency of service on the part of the O.P. No.1 and thus complaint is liable to be dismissed with exemplary costs. 

On the other hand O.P. Nos.2 & 3 i.e. Air India stated that the complaint of the Complainant is maintainable against the  O.P. Nos.2 & 3 here in referred as Air India. They also stated that there is no cause of action for institution of the proceeding against the answering O.P. as such the complaint is not maintainability against O.P. Nos. 2 & 3. They also stated that the present complaint filed by the Complainant is absolutely frivolous, baseless, imaginary, suppression of material facts as such it is tenable in the eye of law. The answering of the O.P. denying all the allegations made by the Complainant. They also stated that as they refunded the entire amount of Air fare value to the Ease My Trip as such there is no cause of action arose for filing this complaint against them. Hence, complaint is liable to be rejected.  

                       EVIDENCE ADDUCED BY THE PARTIES:-

3.    Complainant has examined himself as PW – 1 and he has submitted his examination-in-chief by way of Affidavit. In this case the complainant produced 5 documents comprising 24 sheets under a firisti dated 10/11/2021. The documents are marked as Exhibit – 1 Series.

    On the other hand O.P. No.1 submitted his examination-in-chief on affidavit of one witness namely, Sri Prashant Pitti, Director, Ease My Trip and they also filed 3 documents which are marked as Exhibit-A series. 

O.P. Nos.2 & 3 also submitted their examination-in-chief on affidavit of one witness Sri Sujoy Ghosh, Station Manager, Air India Ltd. They also submitted one document which are marked as Exhibit- B series. 

 4.      POINTS TO BE DETERMINED:-

     On perusal of the pleadings of both the parties and having regard to the evidence adduced by the complainant, the following points are to be determined:

Whether there is any deficiency of service on the part of the O.Ps.  towards the Complainant?

Whether the complainant is entitled to get any compensation/relief as sought for?

Quantum of compensation for ?

5.  ARGUMENTS OF BOTH SIDES:

Complainant, Sri Shyamal Das argued that he purchased his tickets for a journey on 31/07/2020 by Air India and for that he took his ticket through Ease My Trip vide PNR No. JRJKT for which Air India booking ID No.0983758853926 and Ease My Trip booking ID No. EMT70498516.  During country wide lock-down the Air India canceled his all flights which was scheduled on 31/07/2020. Later on the Complainant re-scheduled his ticket on June, 2021 and subsequent thereto also the Complainant made a request to Ease My Trip for cancellation of his tickets and for that after re-scheduledment also his tickets were canceled by Air India and for that Air India refunded the entire ticket fare to the Ease My Trip but Ease My Trip informed the Complainant that he will get only Rs.708/- out of Rs.5,856/-. The Complainant being aggrieved dis-satisfied by the act of the O.Ps. filed this instant case. From the document filed by the Complainant it is crystal clear that Complainant purchased tickets and due to lock-down which was canceled. Later on O.P. Nos.2 & 3 after cancellation of tickets of the Complainant refunded the entire fare to the Ease My Trip i.e. O.P. No.1 but O.P. No.1 refund the sum of Rs.708/- to the Complainant only. Complainant, Sri Shyamal Das received partial price of his tickets but they did not refunded the entire ticket fare. So, from the above foregoing Paras it is crystal clear that there was a deficiency of service on the part of the O.P. No.1.    

        On the other hand Learned Advocate Mr. Kushal Deb submitted that as they refunded the entire ticket fare after cancellation as such they are not liable to pay any compensation. 

Learned Advocate Mr. P. Chakraborty also submitted that when the ticket was canceled they refund the entire ticket fare money to the Ease My Trip as such there is no deficiency on the part of the O.P. Nos.2 & 3 and for that they are not liable to pay any compensation to the Complainant. 

6. DECISION AND REASON FOR DECISION:

              We have carefully gone through the pleadings as well as of the Complainant. For the sake of the convenience all the points are taken up together for decision. 

Complainant purchased Air Tickets from Ease My Trip on 15/02/2020 for himself and other 3 family members. On 16/02/2020 after hearing the news of country wide lock-down and also cancellation of all the Air journey. The Complainant contact with Air India and Air India also rescheduled the tickets for 4 nos. of passenger. The journey date of rescheduled ticket was on 18/06/2021. After reschedulement of tickets of the Complainant Air India informed this matter to the Complainant, Sri Shyamal Das. As per exhibited documents submitted by the Complainant. Again Sri Shyamal Das visited the Office of the Air India on February, 2021 for reschedulement of his journey. At that time the Air India Executive told the Complainant to collect RA Number from Ease My Trip then only the Air India can rescheduled the tickets of the Complainant. Than, he visited Ease My Trip and as per direction of the Executive of the Ease My Trip. The Complainant send a cancellation request for his tickets and after that the Executive of Ease My Trip gave his RA Number i.e. refund application number to the Complainant on 23/02/2021. Complainant also argued that the Air India rescheduled his tickets on 23/02/2021 and on the same date through his registered email Air India informed the matter to the Complainant. From the exhibited documents submitted by the Complainant we did not find any such documents which supports the story of the Complainant to the effect that Air India informed the matter of rescheduled ment to the Complainant on 23/02/2021. Here disputes is in respect of the cancellation of the tickets and also the refund value of the tickets. Complainant through his evidence narrated the facts which he earlier the described in his complaint. So, we are not reproducing the hole evidence adduced by the Complainant side witness namely, Sri Prashant Pitti deposed on behalf of the O.P. No.1 and stated that O.P. acts as a facilitator for booking the confirmed Air tickets / hotel booking on behalf of it is customers for concerned service provider upon received the request from concerned customer, they confirmed the booking / tickets the shared with the customer. All the online transaction by the user of the website or mobile application by the O.Ps. are governed by the website and an application made by the user. The O.P. No.1 cancellation the tickets as per request made by the Complainant and thereafter O.P. No.1 through two installment refunded the money Air fare to the Complainant Rs.708/- on 29/04/2021 and another installment O.P. refunded on 24/02/2022 for an amount of Rs.5,148/-. The witness namely, Sri Sujoy Ghosh deposed on behalf of the O.P. Nos.2 & 3 and stated that the Complainant purchased his tickets from Ease My Trip for his journey through Air India on 15/02/2020. Thereafter due to country wide lock-down the Air India canceled all his flight. On 16/02/2020 as per request of the Complainant Air India rescheduled his tickets. Later on 23/02/2021 the Complainant submitted a refunded application to Air India for refund his Air tickets money. And after that Air India refunding of his money to Ease My Trip. The witness also deposed that as they canceled tickets as per request of the Complainant and also refunded the money to Ease My Trip as such the O.P. Nos.2 & 3 was not liable for any loss that may be incurred by the Complainant. The O.P. No.1 also deposed that as they refunded the money of Air Tickets and also not liable to pay any compensation which may be incurred by the Complainant. 

7. On appreciation of the evidences of both sides we find that for cancellation of tickets the Complainant made cancellation request as such we find that initiative was made from the part of the Complainant for cancellation of the tickets and later on as per his request tickets was canceled and Complainant also submits the refunded application to get back his Air ticket of money from Air India. Complainant get back his money 1st April, 2021 for an amount of Rs.708/- as per exhibited documents – B series. As per the contentions made by the Complainant that he firstly came to know that his ticket of Air journey which was fixed on 18/06/2021 were canceled on 12/06/2021. It is totally false as such the O.P. Nos. 2 & 3 submits evidence & argument made by the O.P. Nos.2 & 3 is totally correct. It is our considered opinion that on the part of the O.P. Nos.2 & 3 there is no deficiency in service and it is also our viewed that after cancellation of the Air journey on the lock-down period. Ease My Trip only refunded for Air fare money partial and later on after innovation of this case the Ease My Trip i.e. O.P. No.1 refunded the balance fare for Air Tickets this is a deficiency of service on the part of the O.P. No.1. After receiving the full refund Air India a partially amount of Air fare was created to the wallet of the Complainant as such they are liable to pay compensation to the Complainant for deficiency of service. As such Complainant is able to prove his case and all the issues were go in favour of the Complainant. 

8. Hence, we give direction to the O.P. No.1 to pay of compensation of Rs.20,000/- by way of mental agony, harassment delayed payment of value of Air Tickets for journey. O.P. No.1 further will pay Rs.5,000/- as litigation costs i.e. in total O.P. No.1 to pay of Rs.25,000/-(Rs.20,000/- + Rs.5,000/-).  The O.P. No.1 is directed to make the whole payment within 2 months from the date of this Judgment, if the payment is not made within 2 months then it will carry interest @ 9% p. a. till the payment is made in full. This complaint petition is allowed partly.

  Supply a certified copy of judgment to both the parties free of cost.

Announced.

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.