Case No.           :       299/2022  

Date                 :       29.03.2023

Present             :       Ms. Malti Gupta AR of the Complainant

Matter is today fixed for Orders on the application seeking Condonation of Delay in filing the complaint. 

Before coming to the facts of the application, brief facts stated by the Complainant in the complaint are that he booked an Air Ticket online from OP2 on 08.02.2019 and departed from Delhi to Dubai on 02.04.2019, but after reaching Dubai, Complainant was not allowed to board the connected flight as per the printed time on the ticket and was asked to wait for next scheduled departure and as such complainant remained confined for one day at Dubai Airport to which fact he lodged a complaint to OP1 and OP2 but neither OP1 nor OP2 replied, rather they both ignored him and as such he has filed the present complaint within the limitation period of 2 years and is praying that the OPs be directed to refund the amount equal to ticket value and one day expenditure incurred on this account for one day extra accommodation to the extent of Rs.2,00,000/- along with interest @ 18% p.a., to pay a compensation of Rs.45,00,000 towards mental pain and agony along with costs. 

Arguments were heard.  The complaint was filed on 28.06.2022 and during arguments the query w.r.t. limitation was asked to which Ld. AR filed an application seeking Condonation of Delay and it was observed that the application does not mention as to how much was the delay which was sought to be condoned and thereafter the complainant filed another application giving details as to how much is the delay.  By joint reading of the application seeking Condonation of Delay the brief facts which have emerged are that complainant is seeking Condonation of Delay of 417 days in filing the complaint stating that delay has happened  on account of COVID-19 restrictions which remained in operation for a longer time, it is further stated that in terms of the direction given by Hon’ble Supreme Court in Suo-Moto Writ Petition, the limitation period was extended up to 28.02.2022 and further in all other cases another 90 days period was also granted and as such complaint was within time up to the date of 28.05.2022 and present complaint has been filed seeking Condonation of Delay on the ground that complainant was also unwell and was under medical treatment for a long period. In additional application, the complainant has given the details of the delay day wise and it is informed that there is a delay of about 417 days in filing the complaint after excluding the pandemic period. 

The Commission has also perused the record.  The incidence of alleged deficiency in service is dated 08.02.2019.  The complainant was supposed to file the complaint upto 08.02.2021 during which period there was a pandemic restrictions and in terms of the order of the Hon’ble Supreme Court such period which was to be expired on 08.02.2021 has been extended from time to time and ultimately all type of restrictions/Orders with respect to extension of time ended on 28.05.2022.  The present complaint has been filed on 28.06.2022.  No documents has been filed on record which may suggest that the complainant was not able to file petition upto 28.05.2022.  Therefore, the application seeking Condonation of Delay of 417 days is dismissed.

Consequently, complaint of the complainant is also dismissed. 

File be consigned to Record Room.