Chandigarh

DF-I

CC/826/2022

SQN LDR (DR.) STAYASHEEL YADAVRAO HASURE - Complainant(s)

Versus

GO FIRST AIRLINE - Opp.Party(s)

POOJA PANDE

04 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/826/2022
Date of Institution	:	23/09/2022
Date of Decision	:	04/09/2023

 

Sqn Ldr (Dr.) Satyasheel Yadavrao Hasure, Station Medicare Centre (SMC), Air Force Station, Ambala Cantt., Haryana 133001.

… Complainant

V E R S U S

GoFirst Airline, New Civil Air Terminal Chandigarh, Village Jhurheri, Mohali, Punjab – 140306, India. 

… Opposite Party

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                                                               

ARGUED BY	:	Sh. Neil Roberts, Advocate, Proxy for Ms. Pooja Pande, Advocate for complainant
	:	OP ex-parte.

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Sqn Ldr (Dr.) Satyasheel Yadavrao Hasure, complainant against the aforesaid opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the complainant had booked a direct flight AYJTRD from Chandigarh to Hyderabad which had scheduled departure from Chandigarh on 3.3.2022 at 2.30 p.m. for himself, his wife, Megha Satyasheel Hasure, minor son Samarveer and minor daughter Ayushi Satyasheel Hasure. The complainant had paid total amount of ₹14,391/- towards the ticket (Annexure C-1).  The complainant was travelling to Hyderabad to celebrate the birthday of his minor daughter with his family for which a family function was planned and organized in Latur. On 27.2.2022, complainant received a call from Go First stating that the aforesaid flight from Chandigarh to Hyderabad has been cancelled and option was given to the complainant to take an indirect flight of approximate 18 hours long from Chandigarh to Hyderabad which would land in Hyderabad on 4.3.2022. As the complainant was going with his minor children, it was not possible for him to accept the alternative arrangement. Since no further information was received from the OP regarding the cancellation of flight, the complainant made alternative arrangement on 1.3.2022 when he booked ticket (Annexure C-3) through Indigo Airlines scheduled for 3.3.2022 by paying an amount of ₹22,752/-. However, on 2.3.2022, the complainant received another email (Annexure C-4) from the OP which was the same as the email received on 28.2.2022 (Annexure C-2).  From 3.3.2022 to 8.5.2022 i.e. for a period of more than two months, when the complainant received no further information or communication from the OP qua refund of the amount despite of his repeated requests, he again approached the OP on 9.5.2022 telephonically asking them about the refund status of cancelled flight. To the great surprise, complainant was informed by the OP that no refund has been issued in this case as he had not cancelled the ticket despite it being the case of cancelled flight by the Go First Airline and the complainant was asked to visit the website of the OP and cancel the ticket himself.  After visiting the website, complainant had cancelled the ticket himself as there was no other option with him.  On 9.5.2022, complainant again received an email from the OP that the refund of ₹13,641/- has been processed to him.  However, as the complainant had paid an amount of ₹14,391/- to the OP, it seems that the OP had deducted the convenience fee of ₹750/- making further clear that how the airlines are earning money on the cancellation of tickets.  The complainant had booked the ticket with the OP in advance for 3.3.2022 to fly from Chandigarh to Hyderabad to attend a pre-planned event, but, the ticket was abruptly cancelled on 28.2.2022 by the OP without any reason and there was no question of deduction of any charges by the OP.  Not only this, even after intimation to the complainant that the refund process has been initiated, the refund was not given till two months.  Due to the aforesaid act of the OP, complainant has suffered financially as he had to spend an amount of ₹22,752/- for booking of alternative flight with a different airline. In this manner, the aforesaid act of the OP amounts to deficiency in service and unfair trade practice. OP was requested several times to admit the claim, but, with no result. Hence, the present consumer complaint.
2. OP did not turn up before this Commission, despite proper service, hence it was proceeded against ex-parte vide order dated 11.11.2022.

2. In order to prove his case, complainant tendered/proved evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that he had booked the air ticket for himself, his wife and two minor children with the OP for 3.3.2022 from Chandigarh to Hyderabad and had paid an amount of ₹14,391/- for the said ticket, as is also evident from the copy of booking details (Annexure C-1) and the said ticket was cancelled by the OPs on 27.2.2022 when the complainant had received a call from the OP and the complainant was given an option to take an indirect flight of approximate 18 hours, which was not accepted by the complainant and due to the aforesaid reason, he was compelled to purchase ticket from another airline for the same date by spending an amount of ₹22,752/-, as is also evident from Annexure C-3, the case is reduced to a narrow compass as it is to be determined if the aforesaid act of the OP amounts to deficiency in service and the complainant is entitled for the reliefs prayed for in the consumer complaint. 
   2. Annexure C-1 is the ticket details which indicates that the complainant had paid an amount of ₹14,391/- to the OP which included convenience fee of ₹750/-.  Annexure C-2 is the copy of email which indicates that the OP had cancelled the aforesaid ticket regarding which information was given to the complainant through email dated 28.2.2022 (Annexure C-2). Annexure C-3 is the copy of booking detail/ticket which indicates that the complainant had booked ticket of another airline for 3.3.2022 and had spent an amount of ₹22,752/-. 
   3. As it has come on record that the aforesaid ticket was not cancelled by the OP on the request of the complainant, rather the OP/airline had itself cancelled the said ticket and further it has come on record that the OP had only refunded an amount of ₹13,641/- by deducting an amount of ₹750/- on account of convenience fee, the aforesaid act of the OP amounts to deficiency in service as the OP was bound to refund the entire ticket amount to the complainant, especially when the ticket was cancelled by the OP itself.  Not only this, when it has further come on record that the complainant was compelled to purchase fresh ticket for his scheduled journey by spending an amount of ₹22,752/- and he had spent an amount of ₹8,361/- more than the price of the earlier ticket due to sudden cancellation of his flight by the OP, as is also evident from Annexure C-3, the present consumer complaint deserves to succeed and the OP is liable to pay difference of the cost of second air ticket in addition to the amount of ₹750/-, which was also wrongly deducted as convenience fees, alongwith interest and compensation for harassment etc.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to pay lump sum amount of ₹12,000/- to the complainant (including ₹750/- as convenience fee, ₹8,361/- paid to the other airline for fresh tickets and compensation for mental agony and harassment) alongwith interest @ 9% per annum from the date of cancellation of the ticket, till realization of the same.
2. to pay an amount of ₹7,000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
6. Pending miscellaneous application(s), if any, also stands disposed of accordingly.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 04/09/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Surjeet Kaur] Member