DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 20^th day of October, 2023.

Present : Sri.Vinay Menon V. President

               : Smt. Vidya.A., Member

      : Sri. Krishnankutty N K, Member

              Date of filing: 31/03/2021                                                            

CC/63/2021

•  Mr. Neil Suresh   -       Complainants

S/o Sureshkumar, Aged 35,

Residing at 110 Kalam

Fort Avenue, West Road

Plakkad 678 001 .

•  Damodaran Sureshkumar

S/o Damodaran, Aged 63,

Residing at Damodghar, Agra B-18

Koorkanchery, Trisur - 7.

•  Kanakam N S

W/o Sasidharan K R, Aged 62

Vivekananda Lane, Vadoorkara, Trissur - 7

•  Sasidharan K R

S/o Raman, Aged 64

Residing at Kalathikattil House

Vivekanananda Lane, Vadoorkara

•  Chithra Ramakrishnan

           W/o Sureshkumar, Aged 54,

           Residing at Damodghar, Agra B - 18

           Koorkanchery, Trissur - 7

•  Deepa Kalathikattil Sasidharan

W/o Neil Suresh, Aged 35

Agra B - 18

Koorkanchery, Trissur - 7

• Vedika Neil

D/o Neil Suresh, Aged 7,

Represented by her father Neil Suresh

Residing as above.

• Master Adhvikneil

S/o Neil Suresh, Aged 6

Represented by her father Neil Suresh           

Residing as above.

(Adv. Dananjayan)

                                                               V/s

     -      Opposite Parties

•     Goibibo Corporate Office

5^th Floor, Good Earth City centre

Sector-59, Gurgaon, Haryana.

•     Goibibo Corporate Office

5^th Floor, Good Earth City centre

Sector-59, Gurgaon, Haryana.

(Represented by Authorised Signatory/M.D

(Opposite Party 1 & 2 Ex-parte)

•      Air India Office (Booking)

           Durbar Hall Road

Pallimukku, Eranakulam - 6820 011

           Kerala.

•      Air India Office

           Durbar Hall Road

Pallimukku, Eranakulam - 6820 011

           Kerala.

     (Opposite party  3 & 4 By Advocate E C Kuriakose & K K Jaidip)

O R D E R

Prepared by Smt. Vidya.A, Member

1. Pleadings of the complainant in brief

    The complainants booked Flight Tickets of AIRINDIA through opposite parties 1& 2 which is an online travel organisation. They booked tickets from Kochi to Agati Island on 29/02/2020 and paid Rs 47,613 as ticket fare. The date of journey was 9^th April 2020 and the scheduled departure time from Cochin International Airport was 8.45 Hrs. But due to lock down followed by Covid-19, the flight was cancelled and the complainants could not travel. The complainants  requested the opposite parties to refund the ticket charges without levying cancellation charge. Inspite of the complainant’s repeated requests, the opposite parties did not refund the amount. The complainants registered online complaints with opposite parties and with National Consumer Helpline.

Complainant received a reply mail from opposite parties 1 & 2 on 19/08/2020 in which they requested the complainant to avail the flight facility to be completed before 31^st December 2021. But the complainants were not in a position to travel during this period and want their ticket fare to be refunded.

The opposite parties 1 to 3 were insisting the complainants to opt for credit shell/voucher as they have arbitrarly transferred their ticket amount of Rs 47,163/- in a credit shell against PNR 3386 QM.

There is  a guideline from the S.C directing full refund of ticket charges for the tickets booked between 25^th March 2020 and 24^th May 2020. The acts of the opposite parties in not refunding the ticket fare is against the statutory provisions of law and the guidelines issued by Directorate General, Civil Aviation.

The acts of the opposite parties amount to Deficiency in service and Unfair Trade Pratice.

Hence this complaint is filed to direct the opposite parties (1) To refund Rs 47,613/- being the ticket fare together with 5.5% interest from 9/04/2020 till payment and to pay Rs 30,000/- towards cost of the litigation, and such other reliefs which the Commission finds fit and proper to grant.

•  Complaint was admitted and notices were issued to the opposite parties. Notice to opposite parties 1 & 2 returned unserved. Then the complainant produced the e-mail ids of opposite parties 1 & 2 and notice was served on them. But they did not appear or file version and they were set ex- partie. Opposite parties 3 & 4 filed version.
•    Opposite parties 3 & 4 in their version contended as follows:- 

The complainants booked flight tickets of Air India A1 9505 through the travel agent Goibibo, the opposite parties 1 & 2. They booked tickets on 9^th April 2020 from Kochi to Agati Island in the economy class for Rs 47,613. Due to Covid-19 Pandemic, all flights were cancelled and the complainants could not travel. They admit that the complainants contacted the opposite parties 1 & 2 for refund of ticket charges and they also registered online grievance  with the opposite parties 1 to 3 in company’s email ids.

The opposite party offered a credit shell/voucher for the entire amount for a future trip. When the complainants preferred a direct account transfer, the same was processed by the opposite party. The refund of the amount was completed by Air India ie opposite parties 3 & 4 by 25/03/2021. Air India did not take any cancellation charges for the tickets and it was refunded in full. The reason for the delay in processing and transferring the refund amount was due to Covid 19. The opposite parties 3 & 4 does not have the power to return the convenience fee amounting to Rs 2320/- paid by the complainants since it is charged by the Travel Agent. The delay in refund was due to the unprecedented situation that occurred due to Covid-19 and hence the opposite party is not inclined to pay the interest for the same. These opposite parties had provided best service to the complainants and there is no Deficiency in service on their part and the complaint has to be dismissed in limine.

•    From the pleadings of both parties, the following points arise for    consideration.

• Whether the complainants are entitled for full refund of airfare on  

       account   of cancellation of flight due to Covid-19?

• Whether the opposite parties have made the refund as per rules?
• Whether there is any Deficiency in service / Unfair Trade Practice on  

the  part of opposite parties?

• Whether the complainants are  entitled to the reliefs claimed?
• Reliefs and cost permissible  if any,

5. Complainants filed Proof Affidavit and Exts A1-A4 were marked from their side. Opposite parties 3 & 4  filed Proof Affidavit, no documents were marked from their side.

6.    Point No.1 & 2

Complainants booked flight tickets of AIR INDIA through opposite parties 1 & 2, online Travel Organisation for travelling from Kochi to Agatti Island. They paid Rs 47,613/- as ticket fare. The date of travel was 9/4/2020. But due to the out break of Covid-19 Pandemic, the flight was cancelled and the complainants could not travel.

They requested the opposite parties to refund the ticket amount without deducting cancellation charges. Since there was no response from the opposite parties, the 1^st complainant registered online complaint for which he got a reply mail in which they asked the plainant to avail the flight facility to be completed before 31^st  December 2021. The opposite parties 1 & 3 insisted the complainants to opt for credit shell/voucher as they have arbitrarly transferred the ticket fare of      Rs.47,163/- in the credit shell instead of remitting back to the complainant’s account.

7. Opposite parties 3 & 4 in their affidavit contended that intitally they offered complainants  a credit voucher/shell for the entire amount for a future trip. When the complainants preferred a direct account transfer, the same was processed by the opposite parties. The refund was completed by Air India, ie; opposite 3 & 4 by 25/03/2021. Rs 5523/- each was refunded and credited to the account of the parties and the details of payment has been given as early as possible. The convenience fee charged by opposite parties 1 & 2 amounting to          Rs 2320/- and service charge had been deducted as it is charged by opposite  parties 1 & 2 and opposite party 3&4 did not have the power to return that amount.

8. Complainant in their affidavit has stated that after filing of this complaint, the opposite parties transferred an amount of Rs ‘…………….’ to his account. According to them, they have not refunded the full amount. Since they have not specified the amount transferred by the opposite parties, we are unable to assess the amount which the complainants seeks to be refunded and whether it is legal as per the terms & conditions.

Opposite parties also took the contention that they have refunded eligible amount to the complainants. But they also did not produce any evidence showing the amount transferred to the complainant's account. Point No.2 is answered accordingly.

• Points 3 to 5

The  opposite parties contended that the delay in refunding the amount was due to the outbreak of Covid-19 and crisis that arose because of mass cancellation and refund requests and considerable backlog in processing all the requests. The reason appears to be genuine and therefore no Deficiency in service can be attributed on the opposite parties. So we are not inclined to order any compensation from the opposite parties on account of the delay in processing the refund.

Since the complainants did not mention the amount transferred to their account by the opposite parties in their affidavit and in argument notes and inserted a ‘………………’ in that place, we are unable to assess the balance amount, if any which the complainant is entitled to get from the opposite parties.

In the result the complaint is dismissed

Pronounced in open court on this the 10^th  day of October, 2023.

    Sd/-

                                                                                 Vinay Menon V

                                                                                  President   

Sd/-

                                                                                           Vidya.A

                                                                                           Member