Delhi

East Delhi

CC/327/2022

AJIT KUMAR - Complainant(s)

Versus

GO AIRLINES INDIA LTD - Opp.Party(s)

15 Apr 2024

ORDER

Convenient Shopping Centre, Saini Enclave, DELHI -110092
DELHI EAST
 
Complaint Case No. CC/327/2022
( Date of Filing : 22 Nov 2021 )
 
1. AJIT KUMAR
29 VIGYAN VIHAR
SHAHDARA
DELHI
...........Complainant(s)
Versus
1. GO AIRLINES INDIA LTD
C/0 BRITANIA INDUSTRIES LTD. A-33 LAWRENCE ROAD INDUSTRIAL AREA DELHI 110035
NORTH WEST
DELHI
............Opp.Party(s)
 
BEFORE: 
  SUKHVIR SINGH MALHOTRA PRESIDENT
  RAVI KUMAR MEMBER
 
PRESENT:
 
Dated : 15 Apr 2024
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 327/2022

 

 

Ajit Kumar

R/o. 29 Vigyan Vihar Delhi-110092.

 

 ….Complainant

 

Versus

 

 

The Chief Executive Officer,

Go Airline (India) Ltd.

C/o. Britannia Industries Ltd.

A-33 Lawrence Road Industrial Area,

New Delhi-110035.

 

 

 

 

……OP

 

Date of Institution: 06.07.2022

Judgment Reserved on: 20.03.2024

Judgment Passed on: 12.04.2024

                       

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member) On Leave

 

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

 

JUDGMENT

 

  1. By this judgment the Commission shall dispose off the complaint of the complainant in not refunding the air ticket charges despite the order of the office of Director General of Civil Aviation (DGCA).
  2. Brief facts as stated by the Complainant in the complaint are that he booked two tickets i.e. for himself and for his wife from Delhi to Varanasi on 19.02.2020 with return ticket on 23.04.2020 and paid Rs.9162/- for the flight tickets  however on account of imposition of lockdown, all the flights were cancelled and the journey could not be performed and as per Circular dated 07.10.2020 issued by Director General of Civil Aviation(DGCA), all airlines were directed to refund the full amount of ticket which OP has not refunded despite various emails and ultimately he filed the present complaint case against the OP thereby asking for refund of Rs.9162/- alongwith the compensation of Rs. 25,000/-.
  3. The OP was served and has filed written statement stating that there is no default on the part of OP as a situation at that particular time was an different situation which occurred all of a sudden and various flights were cancelled and many were rescheduled but in any case the amount of the tickets has already been refunded to the complainant i.e. Rs.4466/- in his A/c No. 52142948810 in SBI, Shakur Basti on 18.06.2022 and another amount of Rs.4581/- vide A/c No. 52142948810 in SBI IFSC No. N0001650, Branch, Shakur Basti, Delhi on 29.08.2022 and prior to that an email was written to complainant that the bank of the complainant has rejected the transaction i.e. email dated 23.08.2022 but in any case amount has already been paid and therefore neither there is any deficiency of service nor the OP is liable for any compensation.
  4. Complainant has filed rejoinder and he has not specifically denied this fact that the complainant has received amount back. However, on 17.05.2023 the complainant informed the Commission that the OP has returned the money and he further submitted that he wants compensation. The complainant has filed his own evidence and OP has not filed evidence as OP was proceeded ex-parte at the stage of evidence. The Commission has heard the argument and perused the record.    
  5. The complainant has neither filed the copy of bank passbook to show as to on which date he received back the amount from the OP & OP had stated that he has refunded the part amount on 18.06.2022 & remaining amount on 29.08.2022 and one fact is clear that date of filing of the present complaint is 06.07.2022 whereas he has already received back part of the amount on 22.06.2022 i.e. prior to filing the complaint and remaining amount has been received by him after the filing the complaint. Be that as may, it is also matter of record that OP has taken around 2 years in refunding the amount as the Circular dated 07.10.2020 was issued by Director General of Civil Aviation(DGCA) and complainant has received the amount in June 2022 and August 2022 i.e. after a period of about one & half year and the OP has not paid any interest on the delayed payment despite writing so many letters to the OP & despite various emails were exchanged between the parties who are also being relied upon by both the parties,  therefore definitely there is certain deficiency in not refunding the amount to the complainant within time who is senior citizen also. The mental harassment therefore is apparently on the face of it, however the complainant also should have informed the Commission or at least should have been mentioned that fact in the complaint itself that he has received back the part amount in June 2022 i.e. prior to filing the present complaint case considering the fact as narrated above and in the considered opinion of this Commission there is certain deficiency on the part of OP and Commission orders as follows;
  • OP would pay interest from the date of deposit of amount i.e. 07.10.2020 upto the date of return @12% and also would pay consolidated compensation of Rs.7500/- including litigation cost to the complainant.
  • This Order is to be complied within 30 days from the receiving the order & in case the OP would not pay the amount within 30 days then the rate of interest would be @15% from the date of deposit upto the date of realization on the entire amount.

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

Announced on 12.04.2024.

File be consigned to Record Room.

 

 
 
[ SUKHVIR SINGH MALHOTRA]
PRESIDENT
 
 
[ RAVI KUMAR]
MEMBER
 

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