Chandigarh

DF-II

CC/88/2021

Surinder Pal Sharma - Complainant(s)

Versus

Ease My Trip - Opp.Party(s)

Sukaam Gupta adv

02 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	88 of 2021
Date  of  Institution	:	04.02.2021
Date   of   Decision	:	02.05.2022

 

 

 

 

 

Surinder Pal Sharma S/o Din Dayal Sharma, aged 56 years, R/o #833, Sector 40-A, Chandigarh 160036

 

             …..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 Bharti Tower-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 B.M. SHARMA, MEMBER

 

         Precisely stated, the complainant on 18.9.2020 booked air tickets of OP No.2 Airline, through Official Portal of OP NO.1, for the route Mumbai to Chandigarh scheduled to depart on 22.10.2020 (Ann.C-1).  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-2). 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.  However, the refund has been refused on flimsy ground. 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 20.05.2021 (Ann.R-2) 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 on being contacted by the complainant, that answering resolved the issue with concerned airlines/OP NO.2 and on receipt of such refund from the concerned Airlines, the answering OP processed it to the complainant.  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 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, who in turn remitted the refund in favour of complainant.  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.  

5]       The perusal of the record proves that the refund of the cancelled ticket has been processed by the OPs only after 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 and 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 requested for refund only. As per record, the request 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 of OP No.1 reveals that the refund was made to the complainant on 21.05.2021, whereas the flight was cancelled on 18.9.2020.

 

6]       Taking into consideration the above discussion and findings, the deficiency in service on the part of OPs is proved. 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

2^nd May, 2022                                                                         

Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER