West Bengal

Bankura

CC/97/2023

Dilip Kumar Das - Complainant(s)

Versus

Easy Trip, Planners Ltd - Opp.Party(s)

Suman Patra

11 Sep 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.97/2023

      Date of Filing:  17/10/2023

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

For the Complainant:Ld. Advocate Suman Patra

For the O.P.: Ld. Advocate Samir Banerjee

Complainant:

1. Dilip Kumar Das,S/O-Late Bankashyam Das,R/o-Pratapbagan,P.S&Dist&P.O-Bankura,Pin-722101,Mob-9434000345
2. Krishna Das,W/O-Dilip Kumar Das, R/o-Pratapbagan,P.S&Dist&P.O-Bankura,Pin-722101

Opposite Party:

1. Easy  Trip,Planners Ltd.Planners Ltd.Delhi,Building No-223,Patparganj ,Industrial Area,New Delhi-110092(India)
2. Go Airlines (India)Ltd.,4^th Floor,Kaledonia building ,Sambhaji Nagar,Opp.Dmart,Sahar road,Andheri East-Mumbai400069,India, Board Line:67410000,Fax:912267410001                                                                      

FINAL ORDER / JUDGEMENT 

Order No.12

Dated:11-09-2024

Both parties  file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he booked two Air tickets for self and spouse for Rs.10,470/- to undertake journey on 03/07/2023 from Pune to Kolkata from O.P. No.2 on online platform through O.P. No.1/Travel Agency, Ticket No. being PNR WB6P36S. On 19/05/2023 the Complainant received cancellation flight message from O.P. No.2 and thereafter the Complainant initiated cancellation request through the website of O.P. No.1 for refund of Ticket Value of Rs.10,470/- . But no response was received from none of the O.P.s despite exchange of several email correspondences. The Complainant has therefore approached this Commission for appropriate relief.

                                                                                                                                                                                         Contd…..p/2

Page: 2

Despite service of notice O.P. No.2 did not turn up to contest the case but O.P. No.1 contested the case by filing a written version contending inter alia that after receipt of the Flight cancellation request from the Complainant on 10/08/2023 the refund process has been initiated with O.P. No.2 / Airlines with reminder to the O.P. No.2 on 22/11/2023 for full refund but the O.P. No.2’s response is still awaited and as such they are not in a position to make refund of Air Tickets as prayed for. Their further contention is that as per terms and condition of the refund policy O.P. No.1 will only initiate the refund process after getting cancellation request from the Customer and refund against the cancellation of Air Tickets will be credited directly in Customer’s Account after receiving the refund amount from the Airlines. Thus the O.P. No.1 has no liability in this case.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, and documents on both sides the Commission finds that the refund policy under Clause-9 of the terms and condition of O.P. No.1/Travel Agency has clearly laid down that the refund process will be initiated by them after receipt of cancellation request from the Customer but the payment of cancellation of Air Tickets will be made to the Customer after receipt of the refund amount from the O.P. No.2/Airlines Authority.

Para-9 of the written version by O.P. No.1 shows that they have fulfilled their part by initiating refund process awaiting refund amount from O.P. No.2. So no liability can be fastened upon O.P. No.1 for non-payment of refund amount of cancellation of Air Tickets which is still pending from the end of O.P. No.2.

                                                                                                                                                                                          Contd…..p/3                                                                                                                                    

Page: 3

However liability lies upon O.P. No.2 as per terms and condition referred to above for refund of cancellation of Air Tickets to the Complainants but the O.P. No.2 having failed to discharge their duties is liable to pay to the Complainants Air Ticket cancellation refund amount of Rs.10,470/- even after bankruptcy proceedings if any.

The case therefore succeeds.

Hence it is ordered…….

That the case be and the same is allowed on contest against O.P. No.1 and Ex-Parte against O.P. No.2 but without cost.

O.P. No.2 is directed to make refund of the entire Air Ticket cancellation amount for Rs.10,470/- with Litigation cost of Rs.1,000/- to the Complainants within a month from this date in default law will take its own course.

Both parties be supplied copy of this Order free of cost.

    __________________                                    ________________         

 HON’BLE   PRESIDENT                           HON’BLE    MEMBER