Chandigarh

DF-I

CC/537/2020

Harsheen Sethi - Complainant(s)

Versus

Ease My Trip - Opp.Party(s)

Kulwinder Singh

22 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/537/2020
Date of Institution	:	25/11/2020
Date of Decision	:	22/12/2021

 

 

Harsheen Sethi d/o Amritpal Singh Sethi r/o Plot No.111, Industrial area, Phase-1, Chandigarh.

… Complainant

V E R S U S

1. Ease My Trip, Building No.223, Patparganj Industrial Area, Patparganj, New Delhi, Uttar Pradesh 110092 through its Incharge/M.D/Director/Manager.
2. Air Vistara, Corporate Office: Jeevan Bharti Tower-1, 10^th Floor, 124 Connaught Circus, New Delhi 110001, India through its Incharge/M.D./Director/ Manager.

… Opposite Parties

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                               

ARGUED BY	:	Sh. Dilpreet Singh, Counsel for complainant
	:	Sh. Kunal Kapoor, Counsel for OP-1
	:	Sh. Parunjeet Singh, Counsel for OP-2

Per Rajan Dewan, President

1.      The facts in brief are, on 7.7.2020, complainant booked one way ticket from OPs for travel from Hyderabad to Chandigarh via Delhi scheduled for 11.7.2020 and paid consideration of ₹7,336/- and OP-1 confirmed the booking. On 10.7.2020, OPs informed the complainant that due to commercial issues, flight from Delhi to Chandigarh was rescheduled for 12.7.2020 at same time. The OPs informed the complainant that lounge at Delhi is functional at Hyderabad airport counter upon enquiry and baggage would be transferred automatically.  The OPs gave option to the complainant to cancel the second part i.e. New Delhi-Chandigarh flight and take refund.  Averred when the complainant reached New Delhi, she came to know that the lounge was un-operational. The officials of OP-2 informed the complainant to collect the baggage and wait on three seat chair and that all lounges were closed due to COVID-19 and she was not even allowed to leave the airport.  In such circumstances, the complainant cancelled the second part of journey i.e. Delhi-Chandigarh and applied for refund at the purchase counter. The complainant after much efforts purchased ticket of Air India flight from Delhi to Chandigarh and incurred ₹4,731/- for the same.  Thereafter a lot emails were exchanged between the complainant and OPs with regard to refund and ultimately OP-1 refunded the amount of ₹807/- and deducted the amount of ₹6,260/- on 29.10.2020.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant consumer complaint.
2.     OP-1 contested the consumer complaint, filed its written reply and averred that it is merely a facilitator for booking the confirmed air tickets/hotel bookings on behalf of its customers with the concerned service providers.  The facts with regard to booking and rescheduling of flight have been admitted. Maintained, complainant had partially used the ticket for Hyderabad-Delhi sector, therefore, as per applicable cancellation charges and taxes with respect to the amount as confirmed by OP-2, complainant was refunded the correct amount. Pleading that there is no deficiency in service or unfair trade practice on its part, OP-1 prayed for dismissal of the consumer complaint. 
3.     OP-2 in its separate written reply admitted that the complainant booked the air ticket for Hyderabad to Delhi and from Delhi to Chandigarh and that the flight from Delhi to Chandigarh got rescheduled for 12.7.2020 which was duly intimated to the complainant. OP-2 gave option to the complainant for refund of flight for Delhi-Chandigarh. Maintained, lounge facilities at the airports were not operational due to precarious situation created by COVID-19 pandemic.  Averred, any refund processed by airline (OP-2) had to be routed through travel agent (OP-1) and OP-2 duly refunded the amount to OP-1.  Pleading that there is no deficiency in service or unfair trade practice on its part, OP-2 prayed for dismissal of the consumer complaint. 
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     Per pleadings of the parties, facts with regard to the booking the air tickets by the complainant for air travel from Hyderabad to Delhi and Delhi Chandigarh for 11.7.2020 on payment of total consideration of ₹7,336/-, rescheduling of the OP-2 flight from 11.7.2020 to 12.7.2020 for Delhi-Chandigarh sector, cancellation of journey by the complainant for Delhi-Chandigarh sector and refund of ₹807/- for the same by the OPs are not in dispute before us at all. The dispute in nutshell in the present case is only with regard to deduction of ₹6,260/- made by the OPs from the total amount of ₹7,336/- towards the unperformed journey of the complainant.
7.     It has been urged by the learned counsel for the complainant that the journey for the Delhi-Chandigarh sector, which was rescheduled to 12.7.2020 instead of 11.7.2020 at the last moment, was not performed by the complainant as the lounge at the airport was not operational and she could not have waited on the three seat chair till next day as there was no flight of OP-2.
8.     It is not the case of the OPs that the complainant was informed beforehand that the lounge facilities at the airports were not operational due to COVID-19 pandemic.  Therefore, complainant was well within her right not to wait at the airport whole night and booked flight from Delhi to Chandigarh on 11.7.2020 itself which departed at 19.45 pm and incurred ₹4,731/- for the same.  That being so, OPs should have immediately refunded proportionate fare for Delhi-Chandigarh sector to the complainant without deducting any amount whatsoever as there was no fault on her part. But the OPs dilly-dallied the matter and refunded the petty amount of ₹807/- only that too after exchange of numerous emails (C-5 to C-39).
9.     No doubt the complainant in the consumer complaint has prayed for refund of deducted amount as well as fare of ₹4,731/- for the flight ticket booked by her at her own for Delhi-Chandigarh sector, however, we are of the view that she cannot be allowed both reliefs as it would amount to penalizing the OPs twice for the same offence.
10.     Per record, complainant had paid an amount of ₹7,336/- to the OPs for journey from Hyderabad to Delhi and Delhi to Chandigarh.  OPs have not placed on record any document to show the proportionate fare for Delhi to Chandigarh sector. We are of the view that it was due to the act of the OPs only that the complainant was left in lurch and she had to book another flight at the nick of time which must have cost her expensive also. Hence, we are of the considered view that OPs should return the said amount i.e. ₹4,731/- to the complainant besides compensation for harassment and litigation expenses.
11.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the amount of ₹4,731/- to the complainant alongwith interest @9% per annum w.e.f. the date of travel i.e. 11.7.2020 till realization.
2. to pay an amount of ₹7,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹5,000/- to the complainant as costs of litigation.

12.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
22/12/2021	[Surjeet Kaur]	[Rajan Dewan]
hg	Member	President