Chandigarh

DF-II

CC/1068/2019

Sh. Rachit Ahuja - Complainant(s)

Versus

Go Airlines (India) Ltd., - Opp.Party(s)

Amarbir Dhaliwal Adv. & Gurtej Pratap Singh Sandhu Adv.

14 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	1068/2019
Date of Institution	:	24.10.2019
Date of Decision	:	14.02.2020

 

                                       

       

1. Sh.Rachit Ahuja s/o Kamal Ahuja r/o House No.565, Sector 7, Panchkula, Haryana.
2. Smt.Richa Ahuja wife of Sh.Rachit Ahuja r/o House No.565, Sector 7, Panchkula, Haryana.
3. Ms.Aastha Ahuja d/o Sh.Kamal Ahuja r/o House No.565, Sector 7, Panchkula, Haryana.
4. Ms.Aarvi Ahuja d/o Sh.Rachit Ahuja r/o House No.565, Sector 7, Panchkula, Haryana (through her mother & natural guardian Smt.Richa Ahuja wife of Sh.Rachit Ahuja).
5. Ms.Aarav  Ahuja s/o Sh.Rachit Ahuja r/o House No.565, Sector 7, Panchkula, Haryana (through her mother & natural guardian Smt.Richa Ahuja wife of Sh.Rachit Ahuja).

                                ...  Complainants.

Versus

Go Airlines (India) Ltd.,  Registered Office: C/o Britannia Industries Ltd., A-33, Lawrence Road, Industrial Area, new Delhi-110035 India.

Corporate Office: C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai-400025, India.

Airport Office: New Civil Air Terminal Chandigarh, Village Jhurheri, Mohali, Punjab-140306, India.

…. Opposite Parties.

 

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
Argued by:-
	Sh.Sunit K. Chauhan, Adv. Proxy for Sh.Amarbir Dhaliwal,Adv. for the complainant.
	OP exparte

 

      

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of the case as alleged by the complainants are that Sh.Rachit Ahuja (complainant No.1) had booked five air tickets for himself and his family members (complainants No.2 to 5) having Booking Reference:BE9FVE on 27.06.2019 from Chandigarh (Flight G8 582 dated 15^th January, 2020) to Mumbai by paying Rs.24,370/- from the credit card of his father through website of OP. The said tickets were issued with the confirmed status.  He had also booked five return air tickets having Booking Reference: QDTJUX on 29.08.2019 for return journey from Mumbai to Chandigarh (Flight G8 381 dated 20^th January, 2020) by paying Rs.18,345/-. However, vide e-mail dated 22.09.2019, the OP had cancelled all the five air tickets from Chandigarh to Mumbai without assigning any reason.   It has further been averred that despite his repeated requests sent through e-mails, the OP has failed to give any justification for rejection of the air tickets.  The OP informed the complainants that a sum of Rs.8120/- has been transferred to the account of the Credit Cell Account.  It has further been asserted that if the aforesaid tickets are not confirmed/issued by the OP as asked for then they will suffer a huge financial loss as they have to purchase new tickets at high cost in short span of time and even then the same may not be available. It has further been averred that the OP has failed to resolve the issue despite their repeated requests/personal visits. Alleging that the aforesaid acts of omission and commission amount to deficiency in service and unfair trade practice on the part of the OP, the complainants have filed the instant complaint.
2.         Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 31.12.2019.
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In the exparte evidence, the complainant No.1 has tendered his duly sworn affidavit reiterating the averments as made in the complaint along with the supporting documents.   The complainants have placed on record a copy of the air tickets having confirmed status for journey from Chandigarh to Mumbai on 15.01.2020 issued by the OP for Rs.24,370/- as Annexure C-1. Annexure C-2  is the copy of the return journey having confirmed status from Mumbai to Chandigarh for 20.01.2020 issued by the OP for Rs.18,345/-. Annexure C-3 is the cancellation letter whereby the OP had cancelled all the five tickets for the journey from Chandigarh to Mumbai after deducting a sum Rs.16,250/-  on account of cancellation of the tickets and the amount of Rs.8120/- have been credited into the credit cell account. 
5.         The complainant No.1 has tendered his detailed affidavit dated 06.01.2020 reiterating the averments as made in the complaint. In the said affidavit, the complainant No.1 has deposed that after serving the legal notice and filing the complaint before this
   Forum, the OP had finally issued the air tickets but no compensation on account of harassment and litigation expenses has been paid to them.  The allegations made in the complaint and supported by duly sworn affidavit go un-rebutted and unchallenged as despite having receipt of the notice and knowledge regarding the pendency of the matter, the OP chose not to appear to defend the claim of the complainants for the simple reason that either they admit their claim or left with nothing to contradict the same.
6.         No doubt, the short grievance of the complainants regarding issuance of the air tickets has been redressed by the OP only after the filing of the instant complaint before this Forum. It is apt to mention here that before filing the present complaint, the complainants made repeated requests through e-mails/messages and even served a legal notice dated 01.10.2019 through their counsel upon the OP requiring them to confirm the air tickets (booking reference:BE9FVE) within 7 days from the date of receipt of the said notice but they did not take any pain to reply the said notice what to talk  of its compliance. Due to this adamant attitude of the OP, the complainants have to initiate the unwarranted litigation against them before this Forum. In the instant case, the OP had failed to give any justifiable reason for canceling the air tickets having the confirmed status despite the repeated requests of the complainants as a result of which they have to invoke the doors of this Forum.
7.         Keeping in view overall facts and circumstances of the case, we are of the considered view that the ends of justice would be met if the complainants are awarded a sum of Rs.7,000/- on account of compensation for mental agony and physical harassment as well as litigation expenses.
8.         In view of the foregoing discussion, the complaint is allowed with a direction to the OP to pay Rs.7,000/- to the complainants on account of compensation for mental agony and physical harassment as well as litigation expenses  within 30  days from the date of receipt of its copy failing which they shall be liable to pay interest @9% per annum on the awarded amount from the date of this order till it is paid.
9.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 14/02/2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER