Order by:
Sh.Amrinder Singh Sidhu, President
1. The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019, vide which it is submitted that complainant has appointed her husband Rahul Kochar s/o Sh.Vinay Kochar r/o H.No.1587, Near Co-operative Bank, Badhni Kalan, District Moga as Special Power of Attorney for the said complaint. So, the complaint on behalf of the complainant through her husband is filed. Moreover Rahul Kochar is also conversant with the facts of the said complaint. So, complaint on behalf of the complainant through her husband is filed. The complainant has booked her ticket from Air India from Delhi to Vancouver and date of Departure is 15th December, 2021 at about 5:15 AM. As per Government norms and schedules complainant had to get report of her Covid-19 test called Rapid-PCR Covid 19 Test to be held at Lab of Opposite Party. Complainant reported in Lab of Opposite Party on 14.12.2021 and Opposite Party had taken sample at about 10:56 PM. The complainant has paid Rs.3500/- to Opposite Party for the said test and Opposite Party had issued receipt no.1742508 dated 13.12.2021 and Opposite Party issued a report in favour of complainant mentioning date of sample 13.12.2021. Due to the said negligence, complainant was not allowed to depart in the said flight, because the Airport Authorities refused complainant due to the reason that the said report is beyond 24 hours as sample given report is shown as 13.12.2021 instead of 14.12.2021. The complainant approached Opposite Party and narrated the whole story and Opposite Party realize its fault and guilt and Opposite Party again issue the correct report by mentioning sample date i.e. 14.12.2021 under stamp seal & signature of Opposite Party. Again complainant visited the counter of Air India, but they flatly refused to get depart complainant for boarding. Due to this act of negligence of Opposite Party, complainant had to face loss of Rs.70,000/- for Ticket booked by her for 15.12.2021 from Air India and complainant had to stay at Delhi for more than one day and complainant again booked her ticket for Canada from Air Canada and complainant had to pay Rs.2,60,000/- for the said purpose. Complainant also served a legal notice dated 17.01.2022 to the Opposite Party, but with no effect. The Opposite Party has not paid the aforesaid amount to complainant so far. Hence this complaint. Vide instant complaint complainant has sought the following relief:-
a) Opposite Parties may be directed to pay Rs.70,000/- plus Rs.2,60,000/- alongwith interest @ 1% per annum.
b) To pay Rs.50,000/- as compensation on account of mental tension, harassment and deficient services.
c) To pay Rs.50,000/- as costs of litigation expenses.
2. Upon service of notice, none has come present on behalf of Opposite Party. Hence, Opposite Party was proceeded against exparte.
3. In order to prove his case, complainant has tendered in evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C15.
4. From the appraisal of the evidence on record, it becomes evident that complainant has booked her ticket from Air India from Delhi to Vancouver and date of Departure is 15.12.2021 at about 5:15 AM. As per Government norms and schedules complainant had to get report of her Covid-19 test called Rapid-PCR Covid 19 Test to be held at Lab of Opposite Party. Complainant reported in Lab of Opposite Party on 14.12.2021 and Opposite Party had taken sample at about 10:56 PM. The complainant has paid Rs.3500/- to Opposite Party for the said test and Opposite Party had issued receipt no.1742508 dated 13.12.2021 and Opposite Party issued a report in favour of complainant mentioning wrong date of sample i.e. 13.12.2021 instead of 14.12.2021. Due to the said negligence, complainant was not allowed to depart in the said flight, because the Airport Authorities refused complainant due to the reason that the said report is beyond 24 hours as sample given report is shown as 13.12.2021 instead of 14.12.2021. The complainant approached Opposite Party and narrated the whole story and Opposite Party realize its fault and guilt and Opposite Party again issue the correct report by mentioning correct date of sample i.e. 14.12.2021 under stamp seal & signature of Opposite Party. Then again complainant visited the counter of Air India, but they flatly refused to get depart complainant for boarding. Due to this act of negligence of Opposite Party, complainant had to face loss of Rs.70,000/- for Ticket booked by her for 15.12.2021 from Air India and complainant had to stay at Delhi for more than one day and complainant has to book another ticket for Canada from Air Canada, for which she has to pay Rs.2,60,000/- for the said purpose. To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C15. However, from the Rapid-PCR Covid-19 Test reports Ex.C7 and Ex.C8, it is evident that Opposite Party mentioned the wrong date on her test report. Moreover, the aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Party did not opt to appear and contest the proceedings. In this way, the Opposite Party have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint.
5. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands proved on record that the Opposite Party has adopted unfair trade practice and deficiency in service by mentioning wrong date on the Rapid-PCR Test Report of the complainant.
6. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant and directed Opposite Party to pay Rs.50,000/- (Rupees Fifty Thousands only) as lump sum compensation to the complainant. The compliance of this order be made by the Opposite Party within 60 days from the date of receipt of the copy of this order, failing which, the opposite party shall be liable to pay interest @ 8% per annum on the awarded amount from the date of filing of the complaint i.e. 11.03.2022 till its actual realization. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room after compliance.
Announced in Open Commission.
