Chandigarh

DF-II

CC/434/2022

Manisha rana W/o Sh. Vaibhav Choudhary - Complainant(s)

Versus

Go Airlines (India) Limited, Go First Reg. Office - Opp.Party(s)

In Person

03 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	434/2022
Date of Institution	:	17.05.2022
Date of Decision	:	03.10.2023

 

                

 

1. Manisha Rana wife of Sh.Vaibhav Choudhary aged 30 years,

2. Vaibhav Choudhary son of Sh.Surendra Kumar, aged 31 years Correspondence Address: House No.C3/31FF DLF Valley Panchkula 134105

...Complainants

Versus

 

1. Go Airlines (India) Ltd., Go First, Registered Office: C/o Britannia Industries Limited. A-33. Lawrence Road, Industrial Area, New Delhi 110035. India, through its Director/Authorized Signatories.

 

Corporate Office: Go Airlines (India) Ltd., Go First.. C-1. Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai 400 025, India through its Director/Authorized Signatories.

 

2. Sh.Pankaj Mahesh Chaturvedi, Director of Go Airlines (India) Ltd.. Registered Office: C/o Britannia Industries Limited, A-33,Lawrence Road, Industrial Area, New  Delhi-110035, India

...Opposite Parties

 

3. Yatra.com (Head Office), 6th & 11th Floor, Tower D, Unitech Cyber Park, Opposite HSBC, Delhi - 110015, through its Authorized Signatory Mobile No.09555800800 (Deleted vide order dated 17.02.2023).

…. Proforma Party

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI S.K.SARDANA	MEMBER
Present:-
	Sh.Rajvir Singh Rana, Representative of the complainant Ms.Niharika Goyal, Adv. Proxy for Sh.Mohit Garg, Counsel for OP No.1 & 2

 

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainants have filed the present complaint against the OPs pleading therein that on having been selected in IPS, complainant no.2 was required to report at the National Police Academy, Hyderabad to join the Basic Training Course for the IPS probationers of 74 RR latest by the evening of March 26, 2022 positively. Resultantly, on 30.01.2022, they booked two confirmed seats (Annexure C-2) in the flight-G8-514 of the OPs for their journey from Chandigarh to Hyderabad on 24.03.2022 by paying Rs.8218/- (actually paid Rs.7,658/- as discount was given by yatra.com), through yatra.com as it was giving concession to its customers. Vide emails dated 22.03.2022 & 23.03.2022 (Annexure C-3 Colly.), the OPs again confirmed the said air tickets.  While checking in at 5 PM on 23.03.2022, the said flight was cancelled without assigning any reason and on enquiry, they were informed that there was no alternate flight scheduled for 24^th/25^th March, 2022 and they cannot arrange seats on another airline. The cancelling of the flight was confirmed vide email dated 23.03.2022 (Annexure C-4). Left with no other alternative, they managed to get air tickets of Indigo Airlines from Chandigarh to Hyderabad on 25.03.2022 and that too on a very high fare i.e. Rs.18,532/-  (difference Rs.10,874/-).  Subsequently, they requested the OPs vide email dated 29.03.2022 (Annexure C-6).  to refund the entire amount paid towards the cancelled tickets  along with the difference amount in the two flights but to no avail.   Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainants have filed the instant complaint seeking directions to the OPs to refund the balance amount of Rs.600/-  and the difference amount of the original tickets and of the fresh tickets purchased on 25.03.2022 i.e. Rs.10,874/- along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     After service of notice upon the OPs, they appeared before this Commission and filed their written version admitting the factual matrix of the case. The OPs have stated that the scheduled flight was cancelled due to operational reasons beyond the control of OP No.1 and, therefore, they informed the same to the complainant by email/SMS to their registered mail id and contact no. well in advance i.e. on 12.03.2022 (11 days in advance) before the scheduled departure of the Flight.  Thereafter, OP No.1 refunded the amount charged against the booking of tickets to OP No.3 (Rs.8,218/- on 26.03.2022). Thus, there is not even a single penny of the complainants remained to be paid.  It has further been stated that the reason for cancellation of flight was not in control of OP No.1 and it could not have avoided such cancellation even after taking all reasonable steps for its operations. Thus, OP No.1 cannot be held liable for alleged deficiency in service for any reason beyond its control. Moreover, there is no pending grievance of the complainants and the present Complaint is a waste of precious time of this Hon'ble Commission hence, the same is liable to be dismissed in this regard.  It has further been stated that the Civil Aviation Requirements, Series 'M' Part IV issued by 'Office of the Director General of Civil Aviation' (DGCA) dated 06/08/2010 and effective from 15/08/2010 (hereinafter referred to as 'CAR requirements'), specifically provides for facilities to be provided to passengers by airlines due to denied boarding, cancellation of flights and delay in flights. Clause 1.4 of the said CAR requirements provides for exemption to airlines for payment of any compensation in case of cancellation of flights caused by any event of force majeure beyond the control of the Airlines. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, the OPs prayed for dismissal of the complaint.
3.     The complainants filed rejoinder to the written version of the OPs controverting their stand and reiterating his own.
4.     Parties filed their respective affidavits and documents in support of their case.
5.     We have heard the representative of the complainant and the Counsel for the Ops and have gone through the documents on record.
6.     The main grievance of the complainants is that their flight scheduled to be departed on 24.03.2022 from Chandigarh to Hyderabad was cancelled at a short notice on 23.03.2022 by the OPs without assigning any valid reason and once the complainants made alternative arrangement of travel, the OPs have not compensated for the difference of the amount of the air tickets and even they did not refund of the entire amount towards the tickets booked with them, rather they refunded the amount of Rs.7058/- out of Rs.8218/- only.
7.     It is an admitted fact that the flight of the OPs was declared cancelled due to which the complainants had to make alternative arrangement and they had to pay very high fare i.e. Rs.18,532/-  (difference being Rs.10,874/-) towards fresh air tickets whereas they were refunded Rs.7058/- only by the OPs towards the original booked tickets. 
8.     The stand of the OPs regarding cancellation of the flight due to operational failure cannot be accepted because the same has not been supported with any technical report in this regard. It is further observed that by not paying the difference amount of the tickets i.e.  Rs.10,874/- incurred by the complainants due to cancellation of flight by the OPs, they have indulged into unfair trade practice. 
9.     As regards the claim of the complainants regarding refund of balance amount of Rs.600/- towards the booked tickets with the OPs are concerned, the OPs have specifically stated in their written version that they have already refunded the whole amount to OP No.3 on 26.03.2022 through which the complainants have booked the tickets in question.  It is important to mention here that the complainants have prayed no relief against OP No.3 and its name has also been deleted and as such the complainants are not entitled to that claim against OP No.3(deleted).
10.     In view of above discussion and findings, the present complaint is partly allowed with directions to the OPs to pay Rs.10,874/- being the difference of the fare to the complainants along with interest @ 9% per annum from the date of its booking i.e. 25.03.2022 till its actual realization to the complainants.
11.     This order be complied with by the OPs within 90 days from the date of receipt of its certified copy.
12.     The pending application(s) if any, stands disposed of accordingly.
13.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

 

Announced in open Commission 03/10/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (S.K.SARDANA) MEMBER