DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 213/2020

Date of Institution: 26.10.2020

Judgment Reserved on: 05.02.2024

Judgment Passed on: 13.02.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

Order By: Shri S.S. Malhotra (President)

JUDGMENT

1. By this judgment the Commission shall dispose off the complaint of the complainant alleging deficiency in cancelling the air ticket of OP and then not refunding the amount of the ticket so booked.
2. Brief facts as stated by the complainant in the complaint are that he booked a ticket for flight G8176 having PNR Y5YWUI on 20.09.2020 scheduled from Pune to Delhi and paid Rs.8,293/- for both the sides with an expected departure on 21.10.2020, but the OP cancelled its ticket and which he wrote a letter/email to the OP on 05.10.2020 for rearranging an alternative flight on the same date or may be the next day but he was not responded by the OP nor it had has returned the ticket amount and thereafter he booked another ticket of the same flight for same date but meanwhile on 19.10.2020, the OP sent another email that his flight has been rescheduled for the next date i.e. 20.10.2020 in flight G8174 but since he has already booked the ticket due to non-response of the OP for about 14 days, he demanded full refund from the OP which was not granted and as such he has filed present complaint case claiming that OP be directed to refund full amount of his ticket amount to Rs.4,434/-(one side) with interest @12% alongiwht compensation of Rs.49,000/- and he demanded total amount Rs.94,684/- which includes the appearing charges of Rs.40,000/-.
3. The OP appeared on 27.10.2020 and made an oral prayer that Yatra.com also be added as a party which was allowed but despite that there is no written statement of OP2 on record. OP1 however has filed its reply and submitted interalia that as a normal practice as well as terms & conditions, which are printed on e-ticket and are also available on website have to be accepted by the passenger before booking the ticket and he needs to check the flight status 72 hours prior to the departure date & therefore the OP1 is not liable for any such cancellation and it is stated that the flight was cancelled due to worldwide pandemic situation which was beyond the control of the OP and it is further stated that flight cancellation of ticket was duly informed to complainant & was given two options i.e. either get the flight rescheduled on some other day on some other flight or ask for refund of the booking amount  & then complainant vide email dated 05.10.2020 opted for reschedule of the journey from 21.10.2020 to 22.10.2020 and thereafter the ticket was modified as per the complainant’s request and the same was informed to the complainant vide email dated 19.10.2020 however on  19.10.2020 complainant wrote an email to OP that he had already booked another ticket for the same flight without any intimation with the OP and the complainant intimated OP about the same only after receiving the intimation/information by the OP to the complainant that his flight has been rescheduled, therefore OP is not responsible for the hasty decision taken by the complainant and therefore complaint is liable to be dismissed. Although all other facts are denied but are not relevant for the disposal of the complaint and it is prayed that complaint of the complainant be dismissed.
4. Complainant has filed his own evidence and OP has filed evidence of Sh. Vishal Mathur, Manager Legal, Go Airlines (India) Ltd., OP1. The OP2 has not filed any reply. The Commission has heard the arguments and perused the record. Facts in narrow space i.e. the complainant booked a ticket for 21.10.2020 on 20.09.2020 the ticket was confirmed, the OP cancelled the booked ticket on 05.10.2020, complainant then wrote a letter to the OP for re-scheduling the ticket which the OP did not convey to the complainant upto 19.10.2020 and meanwhile complainant had booked another ticket although on the same flight. The issue of controversy is as to whether the OP was justified in keeping the request of complainant pending for about 14 days and not informing the complainant immediately after having admittedly received the email from the complainant. The contention of OP is that the complainant booked the second ticket in haste which cannot be appreciated. If the contention of the OP is that due to pandemic situation worldwide the flights were being cancelled then everyone including the complainant has to be communicated and assured that the flight has been rescheduled so that the passengers may not get panic situation as to whether the flight would be made available or not. In the considered opinion of this Commission it was delay on the part of OP in not informing the complainant within time and holding his request for about 14 days & this compelled the complainant to have another booking and in the considered opinion of this Commission, rightfully that he booked another ticket as OP was not responding. Therefore it cannot be said that complainant get the ticket booked hastily, as information was given by the OP to the complainant on 19.10.2020 for the reschedule departure of 20.10.2020 & this amounts to deficiency in service.
5. The complainant has sought compensation of Rs.49,000/- which cannot be justified as the broacher/guidelines he relied upon w.r.t. flight cancellation are not supporting the contention.
6. Therefore Commission is of the opinion that complainant has been able to prove deficiency on the part of OP1 and OP1 failed to prove that complainant was in haste in booking the ticket. The complaint case is allowed.

Therefore this Commission orders as follows:

• OP1 is directed to reimburse Rs.4,434/- i.e. ticket charge with interest @12% p.a. and compensation of Rs.5,000/-.
• This Order shall be complied within 30 days from the date of receipt of this Order failing which would pay the interest @15% p.a. on all the above amounts till the date of realization.

Copy of the Order be supplied/sent to both the Parties free of cost as per rules.

Announced on 13.02.2024.

File be consigned to Record Room.