Haryana

Bhiwani

CC/338/2023

Manish Tuteja - Complainant(s)

Versus

Easy Trip - Opp.Party(s)

Deepanshu Tutega

07 Oct 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI

 

                                           Complaint Case No.:338 of 2023

     Date of Institution  : 16.11.2023

                                           Date of Decision    : 07.10.2024

 

Manish Tuteja son of Sh. Jagdish Chander R/o H.No.1906, Sector-13-HUDA, Bhiwani, Haryana-127021.

 

                                                     ….Complainant

Versus

1. Easy Trip Planners Limited Building No.223, Patparganj Industrial Area, New Delhi-110092 (India) E-mail:Care@easymytrip.com through its authorized person.

 

2. Go Airlines (India) Limited 4^th Floor, Kaledonia Building Sambhaji Nagar, Opp. Dmart, Sahar Road, Andheri East-Mumbai-400069, India through its authorized person.

 

...Opposite Parties

 

               COMPLAINT UNDER SECTION 35 OF THE

CONSUMER PROTECTION ACT, 2019.

 

Before: -   Smt.Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:    Sh. Deepanshu Tuteja, Advocate for complainant.

               Sh. Pawan Gautam, Advocate for OP No.2.

               OP No.2 already exparte.

 

ORDER

Saroj Bala Bohra, Presiding Member.

                 Brief facts of this complaint are that complainant booked two Air e-tickets of OP No.1 airlines through the website of OP No.1 from Pune to New Delhi in the name of Kashish Tuteja and Ms. Neha on 01.05.2023 for their journey on 26.08.2023 and paid Rs.6286/- vide booking id EMT116534284, PNR No. YBG4YW and ticket Nos.YBG4YW/1/1 and YBG4YW/2/1. It is submitted that due to operational reasons, the said flight could not departure on 26.08.2023 and thus cancelled by OP No.2. So, complainant applied for refund with OP No.1 on 08.09.2023, after consultation with OP No.2 but the amount was not refunded and then complaint was lodged with OP No.1 on 11.10.2023, however, the amount was not refunded despite issuance of legal notice dated 23.10.2023.  Complainant has alleged that due to cancellation of the flight of OP No.2, daughter of complainant was compel to take tickets from other airlines. Thus complainant has submitted that due to such act & conduct of OPs, he has suffered mental and physical pains besides monetary loss. Hence, the present complaint has been preferred seeking directions against the Ops to refund Rs.6286/- alongwith interest @ 9% per annum from the date of booking of ticket i.e. 01.05.2023 till its realization. Further to pay Rs.51,000/- as compensation for harassment besides Rs.21,000/- as litigation expenses. Any other relief, to which this Commission deems fit has also been sought.

2.            OP No.1 appeared through counsel and filed written statements raising preliminary objections qua maintainability, cause of action, suppression of material facts and complaint is bad for mis-joinder of necessary parties. On merits, it is submitted the answering OP being an intermediary is covered and protected under Section 79 of the Information Technology Act, 2000 as well as the Consumer Protection Rules, 2020. It is submitted that a platform like OP No.1 is not liable for the act of any third party information, data, or communication link made available or hosted by it and most importantly for the misconduct of a third party which it has not control over. It is submitted that in booking of the tickets by complainant, paying amount thereof and flight schedule, OP No.1 is only a facilitator and receives petty commission for the same. It is submitted that the OP No.2 who has received the amount from the complainant is liable for any deficiency in service and refund of the amount. Further as per clause 9 and 10 of the refund policy of OP No.2, the answering OP is not liable for any refund to the customers/clients as the OP No.2 has closed its operations due to insolvency. In the end, denied for any liability of OP No.1 for refund of the amount and prayed for dismissal of the complaint with cost.

3.            OP No.2 did not put in appearance despite issuance of registered post notice, as such, it was proceeded against as exparte vide order dated 29.01.2024.

4.             In evidence of complainant, affidavit Ex.CW1/A alongwith documents Ex. C-1 to Ex. C-9 have been tendered and closed the evidence.

5.  

6. We have heard learned counsel for the contesting parties and have gone through the case file minutely.

7.  
8.  

Clause 9 of Refund Policy:

•  

Due to Banking Procedures, Refund in credit cards may take duration 72 hours while it may take 7 days in case of net banking transactions.”

Clause 10:Refund in cases where Airlines/Hotel is declared as insolvent or Bankrupt.

“EaseMyTrip shall not be liable to pay any refunds whatsoever in cases where the Airlines/Hotel closes its operations or declares itself as insolvent.

The customers or clines or agents shall not hold the EaseMyTrip liable to pay the refund as assured at the time of booking of ticket in cases where the Airlines/Hotel closes its operation or declares itself as insolvent.”

9.              After hearing learned counsels for the parties and going through the record, we have observed that it is a clear cut case of deficiency in service as well as unfair trade practice on the part of OPs as they have not refunded the amount of cancelled tickets to the complainant despite efforts which must have caused monetary loss as well as mental and physical harassment to the complainant. The OP No.1 cannot absolve from its liability as admittedly, it was receiving some commission from the amount so paid by the complainant. The document Ex. C-9 also fortifies that the claims by the individuals would be submitted to OP No.1 meaning thereby that there is involvement of OP No.1. In totality of the above, the complaint is allowed and OPs No.1 & 2, jointly and severally are directed to comply with the following directions within 40 days from the date of passing of this order:-

 

(i)       To pay a sum of Rs.6286/- (Rs. Six thousand two hundred eighty six) to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint till its realization.

(ii)      To pay a sum of Rs.2500/- (Rs. Two thousand & five hundred) as compensation for harassment.

(iii)     Also to pay a sum of Rs.5000/- (Rs. Five thousand) on account of litigation expenses.

                    Further the award in question/directions issued above must be complied with by the OPs within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:07.10.2024.