Punjab

Sangrur

CC/103/2024

Dr. Amandeep Aggarwal - Complainant(s)

Versus

Go First Airlines - Opp.Party(s)

Sh. Karan Chand Sharma

04 Oct 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No. 103

 Instituted on:   23.04.2024

                                                                         Decided on:     04.10.2024

Dr. Amandeep Aggarwal son of Late Sh. Ram Dev, Padma Niwas, Street No.5, Punia Colony, Sangrur 148001.

                                          …. Complainant     

                                                 Versus

1.     Go Airlines (India) Limited, C/o Biritania Industries Limited, A-33, Lawrence Road, Industrial Area, New Delhi 110035.

2.     WADIA Group, Neville House, JN Heredia Marg, Ballard Estate, Mumbai 400 001.

3.     Tripjack Pvt. Ltd. Marathan Innova CTS No.2/142, Unit No.1, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharashtra Pin-400013 (through its Managing Director, Partners, Authorized representative).

4.     Kathuria Travels, Patiala Gate, Near Canara Bank, Sangrur, Punjab Pin 148001 (through its Managing Director, Partners, Authorized representatives).

5.     Mr. Gaurwin Kathuria, Travel Consultant-an associate of Kathuria Travels, MMT Sangrur office, Opposite Bansal X-ray, Outside Dhuri Gate, Sangrur, Punjab Pin code 148001, Phone 9888887578,              ….Opposite parties 

For the complainant:             : Shri K.C.Sharma,Adv.              

For the OP s                           : Exparte.

Quorum                                           

Jot Naranjan Singh Gill                            :President

Sarita Garg                                                : Member

Kanwaljeet Singh                                      : Member

ORDER

SARITA GARG, MEMBER

1.             Complainant has filed the present complaint against the opposite parties on the ground that he availed the services of the OPs by booking an all inclusive air tickets for Gofirst Airline G8-74 Phuket to Delhi flight on 30.12.2023 for himself, his wife Lovneet Aggarwal and his two daughters Mehak and Jahnvi through the agent of OP number 4 and 5 at Sangrur on 10.04.2023 and the booking documents viz. receipt, invoice of Tripjack, air tickets bearing PNR & Ticket No.C9SU4T HKT-DEL, Sat. 30 Dec 2023 through Booking ID TJ116360887922 were supplied to the complainant after charging an amount of Rs.85,000/- from the complainant by OP number 5.  Further case of complainant is that on 3.5.2023, the Airline/OP ceased their operations citing operational issues and cancelled the flights in a span of 15 days or one month in one go. The complainant took up the mater with the OPs, but they did not give any satisfactory reply thereto. Moreover the OPs should have made some other flights too for the Bangkok-Phuket vacations, as such the complainant had to purchase Indigo Airlines flight 6E-1764 for four members and spent an amount of Rs.1,09,835.68, as such the complainant spent an amount of Rs.24835.68 more than the amount of Rs.85,000/- already paid to the OPs. Even the OPs did not refund the said amount of Rs.85000/- to the complainant which was paid to the OPs, despite his best efforts. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to refund to the complainant an amount of Rs.85000/- paid to the OPs and further pay Rs.24,835.68 which the complainant had to pay extra to buy Indigo flight tickets because of the cancellation of flights by the OPs and further prayed that the OPs be directed to pay an amount of Rs.2,00,000/- on account of compensation for mental tension, agony and harassment and further claimed an amount of Rs.55,000/- on account of litigation expenses.

2.             Record shows that the OP number 1 did not appear despite service, as such was proceeded against exparte on 06.08.2024.  Notice sent to OP number 2 through registered cover was received with remarks ‘refused’, as such OP number  2 was presumed to have been served, but did not appear, as such OP number 2 was also proceeded against exparte on 6.8.2024. Record further shows that the OPs number 3 to 5 were also proceeded against exparte on 11.06.2024.

3.             The complainant has produced Ex.C-1 to Ex.C-12 copies of documents and affidavit and closed evidence.

4.             We have gone through the pleadings put in by the complainant along with his supporting documents with his valuable assistance and also heard the oral arguments of the learned counsel for the complainant. 

5.             The learned counsel for the complainant has argued vehemently that he availed the services of the OPs by getting booked an all inclusive air tickets for Gofirst Airline G8-74 Phuket to Delhi flight on 30.12.2023 for himself, his wife Lovneet Aggarwal and his two daughters Mehak and Jahnvi through the agent of OP number 4 and 5 at Sangrur on 10.04.2023 and the booking documents viz. receipt, invoice of Tripjack, air tickets bearing PNR & Ticket No.C9SU4T HKT-DEL, Sat. 30 Dec 2023 through Booking ID TJ116360887922 were supplied to the complainant after charging an amount of Rs.85,000/- as is evident from the receipt Ex.C-1,  invoice Ex.C-2 showing booking of air tickets for Amandeep Aggarwal, Lovneet Aggarwal, Jahnvi and Mehak. Ex.C-4 to Ex.C-7 are the copy of emails sent by the complainant to DGCA complaining closure of the operations by the OP/airline. Further the complainant has produced on record Ex.C-10 and Ex.C-11 are the copies of invoice showing purchase of four tickets for himself and his family members by spending an amount of Rs.1,09,835.38 of Indigo Airlines. Further all the allegations are duly supported by the affidavit of the complainant Ex.C-12.  Under these circumstances, we find that the complainant has successfully proved his case that the OP/Airline closed the operations and even did not refund the complainant an amount of Rs.85,000/- so charged from the complainant for booking of air tickets. Further it is on record that the complainant had to again spent an amount of Rs.1,09,835/- for purchase of four tickets as is evident from the copy of invoice Ex.C-10. The OPs chose to remain exparte and whole of the evidence is unrebutted.  Under these circumstances, we find it to be a clear cut case of deficiency in service on the part of the OPs and it is a fit and proper case, where the OPs are liable to pay to the complainant an amount of Rs.1,09,835/- so spent by him for purchase of air tickets due to cancellation of the flight by the OPs.

6.             In view of our above discussion, we allow the complaint and direct OPs number 1 to 5 to pay to the complainant an amount of Rs.1,09,835/- along with interest @ 7% per annum from the date of booking 10.04.2023 till realization. We further direct the OPs to pay to the complainant an amount of Rs.5000/- as consolidated amount of compensation for mental agony, physical harassment and Rs. 5000/- as litigation expenses.

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             This order of ours be complied with within a period of sixty days of its communication. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

                        October 4, 2024.

        (Kanwaljeet Singh)  (Sarita Garg) (Jot Naranjan Singh Gill)

                 Member             Member                     President