Chandigarh

DF-II

CC/606/2020

Rajeev Singal - Complainant(s)

Versus

Ease My Trip - Opp.Party(s)

Sukaam Gupta

28 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	606 of 2020
Date  of  Institution	:	05.11.2020
Date   of   Decision	:	28.04.2022

 

 

 

 

 

Rajeev Singal s/o Late Sh.Mohan Lal Singal, aged 51 years, R/o #131-C, Sector 51-A, Chandigarh, Housing Board Flats, Chandigarh 160047

 

             …..Complainant

 

Versus

1]  Ease My Trip, Building No.223, Patparganj Industrial Area, Patparganj, New Delhi, through its Managing Director/Authorised Signatory.

2]  Vistara Airlines, Head Office: Tata Sia Airlines Ltd., Jeevan BhartiTower-1, 10^th Floor, 124 Connaught Circus, New Delhi through its Managing Director.

    ….. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  : Sh.Sukaam Gupta, Adv. for complainant.

   Sh.Kunal Kapoor, Adv. for OP NO.1.

   Sh.Parunjeet Singh, Adv. for OP No.2.

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Concisely put, the complainant on 15.9.2020 booked air tickets of OP No.2 Airline, through OP NO.1, for onwards journey from Mumbai to Chandigarh on 22.10.2020 and return journey from Chandigarh to Mumbai on 1.11.2020, on making payment of Rs.8651/- (Ann.C-1 & C-2).  However, the OP No.2 on 18.9.2020 cancelled the scheduled onward flight No.UK-651 from Mumbai to Chandigarh for departure on 22.10.2020 and sent message to this effect to the complainant (Ann.C-3).  Thereafter, the complainant sought refund of said cancelled flight, but OP No.2 instead offered Open Ticket valid till 31.3.2021 with applicability of difference of fare, which complainant refused to accept and demanded refund.  The OP No.2 vide email dated 25.9.2020 refused to make the refund and asked the complainant to reschedule the flight till 31.3.2020 to which complainant again replied asking the OP No.2 to refund the full fare of cancelled flight. It is stated that the complainant travelled through another flight of Indigo Airlines on 23.10.2020 from Mumbai to Chandigarh after getting  new booking through OP No.1 on making payment of Rs.4007/-.  It is stated that despite several request of complainant, the OPs did not make refund of cancelled flight to the complainant.  Hence, this complaint has been filed alleging deficiency in service on the part of OPs.

 

2]       The OP No.1 has filed reply and while admitting the factual matrix of the case, stated that the payment of Rs.4006/- as full refund has been made to the complainant as received from Air Vistara on 11.12.2020 towards the cancelled flight.  It is stated that there is no cause of action against the answering OP to file the complaint. It is also stated that answering OP intervened on being contacted by the complainant and resolved the issue with concerned airlines/OP NO.2 by way of escalating the refund request and thereafter, on receipt of such refund, the answering OP processed it to the complainant (Ann.R-2).  Denying all other allegations and pleading no deficiency in service on its part, the OP No.1 has prayed for dismissal of the complaint.

         The OP No.2 has also filed reply and while admitting the factual matrix of the case, stated that the ticket in question was booked through travel agent Easemytrip.  It is submitted that any refund which is processed by the airline has to be routed through travel agent.  It is also submitted that after the cancellation of scheduled flight No.UK-651 to be departed on 22.10.2020, the complainant was given an option vide email dated 25.9.2020 of an open ticket being valid from 31.3.2021 but the same was not acceptable to the complainant and consequently, a refund of Rs.4006/- has been made to the travel agent of complainant i.e. Ease my trip/OP No.1.  It is stated that the amount sought by the complainant to be refunded has already been refunded to the Travel Agent by OP No.2 and the delay is at its part, if any.  Pleading no deficiency in service and denying rest of the allegations of complainant, the OP No.2 has prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have perused the entire record including written arguments.  

 

5]       From the record, it is well evident that the grievance raised by the complainant with OPs has been redressed only after the filing of the present complaint i.e. the refund claimed for the cancelled ticket has been processed swiftly only after the filing of the present complaint by the complainant.  Record further reveals that earlier to the filing of the complaint, the complainant was not given the refund of the cancelled ticket when the flight booked by the complainant was cancelled at the end of OP No.2. Instead of giving the refund, the OP No.2 offered Open Ticket till 31.3.2021 to the complainant, which he refused to accept and through email get his protest registered for the same and asked for the refund only.  The request, as per record, was not entertained by the OPs, thus the complainant was forced to file the present complaint for a meager amount of Rs.4007/- and the reply filed to the complaint by OP No.1 reveals that the refund was made to the complainant on 11.12.2020, whereas the flight was cancelled on 18.9.2020.

 

6]       In view of the above, the deficiency in service on the part of OPs is made out on account of delayed processing of the refund and forcing the complainant to indulge into avoidable litigation. The OP No.1 on its part is found deficient in service as it failed to perform its part of duty to get the claim settled being the agent of OP No.2.  At the same time, the OP No.2 is also found deficient in rendering service as it failed to process the refund promptly.  Accordingly, the present complaint is allowed against the OPs No.1 & 2 with direction to jointly & severally pay a compository amount of Rs.10,000/- to the complainant towards compensation for the harassment suffered by him due to their deficient service, as well as litigation expenses.     

         This order shall be complied with by the Opposite Parties jointly & severally within a period of 30 days from the date of receipt of certified copy of this order, failing which they shall also be liable to pay additional compensatory cost of Rs.7000/- to the complainant apart from the above relief.

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

28^th April, 2022                                                                       

Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER