DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.191/2022
Vimal Kant Grover
S/o Late Mr. S.S. Grover
R/o 18D, Vijay Mandal Enclave
Hauz Khas
New Delhi-110016. .…Complainant
VERSUS
Ease Trip Planners Ltd. Ease My Trip.com
Building No.223, Patparganj Industrial Area
Patparganj New Delhi-110092.
Air India Ltd.
Airlines House, 113 Gurudwara Rakabganj Road
Sansadmarg Area, delhi-110001. ….Opposite Parties
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Present: Complainant in person.
Present: Adv. Karan Deep Singh for OP-1
Adv. Deeksha Arora for OP-2.
ORDER
Date of Institution:15.07.2022
Date of Order :31.08.2024
President: Ms. Monika A Srivastava
Complainant has filed the present complaint seeking direction to the OP to refund of Rs.1,29,798/- along with interest @12% per annum; Rs.5,00,000/- as compensation for deficient services and Rs.10,000/- as litigation cost. OP-1 is Easy Trip Pvt. Ltd. and OP-2 is Air India Ltd..
- It is the case of the complainant that he along with his wife had booked to and fro tickets through their son for California, USA on 07.03.2021. Cancellation for the tickets and refund was requested on approached both the OPs on 17/18-04.2022 and received the response from OP-2 on 07.05.2022 “As per your given ticket details 0984722157859, your booking is done through travel agency. As we have checked your ticket details, your ticket status is reflecting as refund as your refund was initiated on 23.12.2021. If you not received (sic) the refund then contact to your respective travel agency for your refund amount.”
- It is stated by the complainants that this email by OP-2 indicates that OP-1 is cheating the complainants by misguiding them though the money has been refunded by OP-2 in December, 2021. It is stated that this has caused mental agony, pain and unnecessary tension to the complainants in the time of pandemic.
- It is further stated that vide email dated 17.05.2022, OP-2 has received the money from OP-1. It is further stated that because of this irresponsible behaviour of OP-1 harassment is caused to senior citizen like complainants apart from financial losses which they have to undergo.
- In their reply, OP-1 has stated that complainant has wrongly accused them of providing deficient services. It is stated that the complaint is liable to be dismissed due to mis-joinder of parties. It is stated that OP-1 is not a necessary party as no cause of action has arisen against it, it is merely a facilitator and cannot be held liable for the wrongs of OP-2.
- It is further stated that OP-1 is in no manner responsible for determination of ticket fares, refund amount or cancellation policy of airlines. These are all in the domain of OP-2. It is stated that complainant has neither booked any ticket nor any payment has been made by him. Moreover, cancellation of refund were also not raised by the complainant.
- It is further stated that refund has already been credited to the designated account from which the booking was made as per the refund policy of OP-1 and has forwarded by OP-2.
- It is further stated by OP-1 that it is an intermediary covered and protected under Section 79 of IT Act, 2000 as well as CPA Rules 2020. It is also that that there is any kind of interference on the part of OP-1 in the modulation of the particulars of flight tickets, availability thereof, rescheduling charges, cancellation of tickets or cancellation charges levied. These aspects are in exclusive control of the airline’s carrier i.e. OP-2. It is stated that the complainant booked the air tickets on 07.03.2021 from Delhi to California on 12.05.2021 and return tickets were California to Delhi on 20.09.2021 through OP-1 bearing the ticket ID EMT81011801 by paying an amount of Rs.1,29,798/-.
- During the concerned period, international travel was restricted due to conditions of Covid-19 and the scheduled flights were cancelled by OP-2. Request for cancellation and refund was raised with regard to the concerned tickets belatedly on 09.03.2022 which was forwarded by OP-1 to OP-2 and the refund as per the policy of the OPs have already been issued. Screenshot of the refund are attached as annexure-2.
- In their reply OP-2, has confirmed the purchase of two round trip tickets by the complainant. It is stated that after receiving request from the complainant. OP-2 has processed the refund on 23.12.2021 itself and it stands credited to the account of OP-1. Copy of the confirmation of processing of refund is annexed as annexure OP-2/2.
- It is stated that as per the general terms and conditions of OP-2 claims of refund had to be initiated with OP-1 i.e. the travel agent who will in turn initiate such process with the complainant. In this regard, OP-2 has placed reliance on Article 10 of their SCHEDULES, CANCELLATION OF FLIGHTS CLAUSE AND Article 11 of GENERAL TERMS AND CONDITIONS which deals with REFUNDS.
- It is further stated that vide email dated 08.05.2022 OP-2 had categorically informed the complainant that his tickets had been refunded on 23.12.2021 and in case he has not received the refund then the complainant has to contact OP-1.
- It is stated that the allegations with respect to deficiency in service, torture, mental agony are pertaining to OP-1 and the claim of the complainant seeking refund of cancelled tickets is only maintainable against OP-1.
- It is reiterated by the complainant in his rejoinder that OP-1 is cheating the complainant and misusing his refund amount. It is stated that as per OP-1’s terms and conditions “Ease My Trip will process the refund within 72 hours only after receiving it from the concerned airlines”. It is stated that it is despite getting the refund from OP-2, OP-1 has not refunded the amount till 16.09.2022 and which was refunded in the online wallet not to the bank account. It is further stated that OP-1 has deducted Rs.5,670/- against cancellation and Rs.2,000/-towards service charges. It is stated that as per the guideline laid down by the Government on account of Covid-19 no amount can be deducted citing the cancellation or postponement charge. It is stated that OP-1 is forcing the complainant to use its services again by refunding money in wallet and not in the account.
- Evidence, written arguments on behalf of all the parties are on record. This Commission has gone through the entire material on record. It is seen that OP-2 had refunded the amount of Rs.1,29,798/-, whereas OP-1 has refunded the amount of Rs.1,22,128/- and that too in its own wallet i.e. EMT Wallet on 16.09.2022 and they had already received the payment from OP-2 on 23.12.2021.
The decision of the Hon’ble Supreme Court in Pravasi Legal Cell vs Union of India (W.P.(C)D.No.10966 of 2020) dated 01.10.2020 had directed that:
"If the tickets have been booked during the lockdown period through a travel agent for a travel within the lockdown period, in all such cases full refund shall be given by the airlines immediately. On such refund, the amount shall be passed on immediately by the agent to the passengers".
As per the guidelines of the Government and the judgment quoted above regarding airlines refund on account of Covid no amount can be deducted on account of cancellation or postponement. In view of the clear facts and the above judgment, this Commission is of the view that OP-1 has been deficient in its services firstly, on account of keeping the money of the complainant with itself for a period of nine months secondly, it is also deficient in its services by refunding it after a period of nine months in its own wallet thirdly, it has deducted cancellation charge and postponement charge.
OP-1 is therefore directed to refund the balance amount of Rs.76,670/- with interest @6% per annum from 23.12.2021 till the date of realisation within three months from the date of the pronouncement of the order failing which the interest payable on the said amount would be 8%. OP-1 is further directed to pay an amount of Rs.20,000/- as compensation for the harassment caused to the senior citizens in the case.
Copy of the order be given to the parties as per rules. File be consigned to the record room. order be uploaded on the website.
