By Sri. MOHAMED ISMAYIL C.V, MEMBER
The grievance of the complainant is as follows:-
1. On 21/02/2020 complainant had purchased an economy flight ticket for Rs.26,121/- through online from the opposite party proposed to depart on 04/03/2020 from Kozhikode to Paris. Later, the complainant had made modification on the ticket so as to change the departure date to 06/04/2020 for an additional cost of Rs. 12,173/-. But due to Covid -19 pandemic related restrictions, the flight was cancelled by the opposite party and informed the same through email on 24/03/2020. It is averred in the complaint that as a matter of settlement, the opposite party had assured of making full refund and advised to wait for 12 months from the date of cancelled flight. After 12 months of time, the complainant had repeatedly contacted the opposite party for getting refund of air ticket price. It was informed by the chat agents of the opposite party that refund process had already been started and also instructed to contact the bank of the complainant. It is alleged by the complainant that the opposite party did not take any action to get refunded the ticket charge as promised earlier. Finally, the complainant contacted the opposite party through Department of Municipalities and Transport, Abu Dhabi,as a result the opposite party refunded only Rs. 4,594/- to the complainant. It is averred by the complainant that the opposite party had evaded from their responsibility and was reluctant to refund balance amount even though tedious efforts were done by the complainant. So the complainant prayed for a direction to the opposite party to refund amount of Rs. 33,700/- (Rupees Thirty three thousand and seven hundred only) as the balance of flight ticket charge. The complainant also prayed for a direction to the opposite party to pay Rs.2,00,000/- (Rupees Two lakh only) to the complainant as compensation for deficiency in service.
2. The complaint is admitted and issued notice to the opposite party. The opposite party has appeared and filed version.
3. The opposite party has admitted the purchase of the flight ticket by the complainant and its payment. The cancellation of flight ticket was also admitted by the opposite party. The opposite party stated that refund of the ticket was processed and paid to the complainant on 07/04/2021. So, it is contented by the opposite party that the complainant had approached the Commission with unclean hands in order to make unfair advantage. It is further contended that refund has been made in terms of Direction No. 6 of Hon’ble Supreme Court in the matter of Pravasi Legal Cell & Ors Vs. Union of India & Ors. There is no amount remained to be paid to the complainant. It is stated that said cancellation was also informed to complainant. It is stated that the complainant has paid the total of Rs. 38,294/- as the ticket charges. According to the opposite party, the complainant has received Rs. 4,594/- on his credit card. The complainant has also received another Rs. 24,959/- from the opposite party as the balance of ticket charges. Thus there was refund of total Rs.29,953/- to the complainant. According to the opposite party there is remaining of Rs. 8,741/- as non refundable. The opposite party stated that the refund was processed deducting K3 tax and change fee amount from the total amount paid by the complainant. So, the opposite party contended that the complainant is not entitled for refund of Rs.33,700/- as claimed in the complaint. There was no deficiency in service on the part of the opposite party and the complainant is not deserving compensation of Rs. 2,00,000/- as stated in the complaint. The opposite party prayed for dismissal of the complaint.
4. The complainant and the opposite party have filed affidavits in lieu of evidence. The documents produced by the complainant are marked as Ext.A1 to Ext.A8 documents. Ext.A1 document is the Certificate dated 20/09/2020 issued by the opposite party to the complainant stating that full refund of the ticket can be requested after 12 months of flight cancellation. Ext.A2 document is the copy of eTicket Receipt dated 21/02/2020 issued by the opposite party to the complainant showing the payment of Rs. 26,121/- to the opposite party. Ext. A3 document is the copy of eTicket Receipt dated 27/02/2020 issued by the opposite party to the complainant showing the payment of Rs. 12,173/- to the opposite party. Ext. A4 document is the copy of chat transcript of Twitter Direct Messages with the opposite party. Ext. A5 document is the copy of Bank Account Statement from 20/02/2020 to 22/02/2020 showing payment of Rs. 26,121/- to the opposite party. Ext. A6 document is the copy of Credit Card Statement Summary showing payment of Rs. 12,173/- dated 27/02/2020 made to opposite party by the complainant. Ext. A7 document is the copy of Account Statement from 20/09/2021 to 20/10/2021 showing refund of Rs. 24,959/- made on 12/10/2021 by the opposite party in favour of the complainant. Ext. A8 document is the copy of the email communication showing the interactions made between the complainant and the opposite party. The documents produced by the opposite party is marked as Ext. B1 to Ext.B3 documents. Ext. B1 is the copy of Flight cancellation details in March & April of 2020. Ext. B2 document is the copy of document showing refund of flight ticket charge to the complainant by the opposite party. Ext. B3 document is the copy of Direction passed by Hon’ble Supreme Court and Commercial Policy impacted by Covid-19 pandemic situation.
5. Heard both sides in detail. Perused documents and affidavits thoroughly. The Commission considered following points for adjudication of the matter.
- Whether the opposite party has committed deficiency in service towards the complainant.
- Relief and cost.
6. Point No.(i) & (ii) :-
It is averred by the complainant that he had purchased a flight ticket for Rs. 26,121/- from the opposite party scheduled to travel from Kozhikode to Paris on 04/03/2020. The complainant produced Ext.A2 document to show the payment for flight ticket. Later the complainant made modification on the ticket by paying Rs. 12,173/- to change the departure date to 06/04/2020 and produced Ext. A3 document to show the payment. Ext.A2 and Ext.A3 would show that the complainant had remitted a total of Rs. 38,294/- to the opposite party for availing ticket to fly for Paris. Ext. A5 and Ext. A6 documents produced by the complainant would also reveal that the complainant had remitted Rs. 26,121/- and Rs. 12,173/- respectively to the opposite party. But due to Covid-19 Pandemic situation flight was cancelled by the opposite party and same was informed to the complainant. It is argued by the counsel for the complainant that even though the opposite party had made assurance to refund entire ticket charges, but repaid Rs. 4,594/- only that too after making tedious efforts. The complainant has produced Ext. A4 and Ext. A8 documents to prove his arguments. According to the counsel for complainant, the opposite party is liable to refund entire amount as per Ext. A1 document. So the opposite party is owed Rs. 33,700/- to the complainant.
7. The opposite party has admitted the purchase of ticket by the complainant and payment of ticket fare by the complainant. So the Commission finds that there is no dispute over Ext.A2, Ext.A3, Ext.A5 and Ext. A6 documents. The opposite party also admitted cancellation of flight as stated in the complaint. But on the other hand, the opposite party argued that a total of Rs. 29,553/- was refunded to the complainant. The opposite party has stated that the refund was made in accordance with the direction of Hon’ble Supreme Court and produced and it is marked as Ext.B3 document. According to the opposite party there remained Rs. 8,741/- only as non refundable amount covering K3 tax and charge fee amount. It can be found in the version and affidavit of the opposite party that the complainant had received Rs. 4,594/- on his Credit Card Account and another Rs. 24,959/- received from the opposite party as remaining payable amount. So it is argued by the counsel for the opposite party that the complainant is not entitled for any amount from the opposite party.
8. In the examination evidence, it can be seen that a consumer dispute is existed only with regard to refund of amount. Ext.A1 document produced by the complainant would reveal the assurance given by the opposite party that a full refund of booking can be requested after 12 months of flight cancellation. Ext.A1 document does not speak about partial refund. The complainant also produced Ext. A4 document revealing the communication made between the period of 21/05/2021 to 06/09/2021. When going through Ext. A4 document, it can be also seen that there was no whisper about partial refund of ticket charge. Ext. B3 document produced by the opposite party would reveal the direction given by the Hon’ble Supreme Court with respect to refund of cancelled flight tickets. Ext. B3 document specifically stated that the opposite party is liable to make refund of full amount collected without any cancellation charges. So the Commission find that the opposite party is liable to refund entire amount collected from the complainant as flight ticket fare for travelling to Paris.
9. It is averred in the complaint that the opposite party had made refund of Rs. 4,594/- only. But in the version, it is stated by the opposite party that the complainant had received Rs.4,594/- and Rs.24,959/- respectively from the opposite party as refund of flight ticket charges. The opposite party produced Ext.B2 document to prove their contention. The Commission find that Ext.B2 document would show refund of Rs. 24,959/- in favour of the complainant, but date of refund is not mentioned. But at the same time, in the affidavit of the complainant it is categorically ascertained that the complainant had received Rs.24,959/- on 12/10/2021 i.e, only after filing of this complaint. The Commission consider that the complainant need not spend money for an unused ticket, as the complainant had no part in the cancellation of flight. The Commission find that, the opposite party is liable to refund balance of Rs. 8,741/- to the complainant. So the Commission also find that the complainant had waited for a long time to get refunded entire amount of ticket fare. It can be also seen that the opposite party had turned down to the lawful demand of the complainant without valid reason. The act of the opposite party has caused mental agony and hardship to the complainant. So the Commission consider the prayer of the complainant for compensation to be addressed properly.
10. In the light of the examination of evidence, it can be find that the complainant has successfully proved his pleadings in the complaint with help of documents produced before the Commission. The Commission find that the opposite party has committed deficiency in service towards the complainant. So the opposite party is liable to compensate for their deficient acts. Hence the complaint is allowed in the following manner:-
- The opposite party is directed to refund Rs. 8,741/- (Rupees Eight thousand seven hundred and fourty one only) to the complainant as the balance amount of ticket fare with 9% interest from the date of filing of this complaint.
- The opposite party is directed to pay Rs.25,000/-(Rupees Twenty five thousand only) to the complainant as compensation for the sufferings of mental agony and hardship resulted due to deficiency in service committed by the opposite party.
- The opposite party is directed to pay Rs. 10,000/- (Rupees Ten thousand only) to the complainant as cost of the proceedings.
The opposite party shall complythis order within30 days from the date of receipt of copy of this order otherwise entire amount shall carry 9% interest per annum from the date of the order till realization.
Dated this 30th day of November, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A8
Ext. A1 : Document is the Certificate dated 20/09/2020 issued by the opposite party
to the complainant stating that full refund of the ticket can be requested
after 12 months of flight cancellation.
Ext. A2: Document is the copy of eTicket Receipt dated 21/02/2020 issued by the
opposite party to the complainant showing the payment of Rs. 26,121/- to
the opposite party.
Ext. A3: Document is the copy of eTicket Receipt dated 27/02/2020 issued by the
opposite party to the complainant showing the payment of Rs. 12,173/- to
the opposite party.
Ext. A4 : Document is the copy of chat transcript of Twitter Direct Messages with the
opposite party.
Ext. A5: Document is the copy of Bank Account Statement from 20/02/2020 to
22/02/2020 showing payment of Rs. 26,121/- to the opposite party.
Ext. A6: Document is the copy of Credit Card Statement Summary showing payment
of Rs.12,173/- dated 27/2/2020 made to opposite party by the complainant.
Ext. A7 :Document is the copy of Account Statement from 20/09/2021 to 20/10/2021
showing refund of Rs. 24,959/- made on 12/10/2021 by the opposite party in
favour of the complainant.
Ext. A8 : Document is the copy of the email communication showing the interactions
made between the complainant and the opposite party.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B3
Ext. B1 : Copy of Flight cancellation details in March & April of 2020.
Ext. B2 : Document is the copy of document showing refund of flight ticket charge to
the complainant by the opposite party.
Ext. B3: Document is the copy of Direction passed by Hon’ble Supreme Court and
Commercial Policy impacted by Covid-19 pandemic situation.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
