BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.242 of 2015
Date of institution: 26.05.2015
Date of Decision: 06.06.2016
Ajmer Singh Hundal, H.No.2193, Jal Vayu Vihar, Sector 67, Mohali.
……..Complainant
Versus
Online Travel Portal Goibibo, Ibibo Group Private Limited, 4th Floor, Pearl Towers, 51, Sector 32, Gurgaon, Haryana 122002.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
Shri Sukaam Gupta, proxy counsel for the OP.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Party (for short ‘the OP’) to:
- Refund him Rs.12,134/-paid by the complainant towards ticket of return journey from Hyderabad to Delhi.
The case of the complainant is that he booked two air tickets through the OP for himself and his wife from Delhi to Hyderabad for payment of Rs.12,134/-. Onward journey was performed by the complainant and his wife but return journey which was scheduled on 14.03.2015 could not be performed due to domestic reasons. The complainant vide e-mail dated 09.03.2015 informed the OP for cancellation of return tickets which the OP acknowledged. However, when the complainant sought refund of the ticket amount, the OP keep on changing their position as initially it was stated that the complainant and his wife had boarded the flight and finally on 30.03.2015 the OP wrote that ‘we have checked, we, didn’t receive any cancellation request. So cancelation charges would be applied as per ‘no show’. The complainant sent e-mail dated 17.04.2015 but the OP has not given any reply to this e-mail.
2. The OP in the written statement has pleaded that the complainant does not fall within the definition of Consumer as there is neither any unfair trade practice nor any deficiency in service on the part of the OP. This Forum does not have the jurisdiction to entertain the complaint as the entire cause of action is based on booking of return air tickets from Hyderabad to Delhi. The OP has no branch office at Mohali. On merits, it is pleaded that the complainant booked round air tickets from Delhi to Hyderabad through the website of the OP. The OP had mailed for cancellation of return ticket from Hyderabad to Delhi scheduled on 14.03.2015. The OP always intended to refund back the ticket amount and refund of Rs.1,745/- was credited to the account of the complainant on 06.11.2015. Thus, the OP has sought dismissal of the complaint.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-11.
4. Evidence of the OP consists of affidavit of Akshat Sulalit, its Senior Manager Ex.OP-1/1.
5. We have heard the complainant and proxy counsel for the OP and have gone through the pleadings and evidence.
6. It is admitted fact that the complainant has booked to and fro two tickets for journey to Delhi to Hyderabad and Hyderabad to Delhi. The tickets were booked for undertaking journey on 21.02.2015 from Delhi to Hyderabad in Flight No.A I 126 Terminal Line-3 and PNR No.A1/J9959. The return tickets for undertaking return journey on 14.03.2015 from Hyderabad to New Delhi in Flit No.A I 127 and PNR No.AI/J9959. The complainant has paid a total sum of Rs.12,134/- for basic fare/air fuel charges and other charges as per Ex.C-1. The complainant has undergone journey from New Delhi to Hyderabad on 21.02.2015. However, on 9.03.2015 he had cancelled the tickets for return journey from Hyderabad to Delhi which he was to undertake on 14.03.2015. He had informed the OP vide Ex.C-2 about cancellation of tickets and informed both the airline as well as OP vide Ex.C-2 & 3. The OP vide Ex.C-4 dated 09.03.2015 has acknowledged the receipt for cancellation and started working on it immediately and assured the complainant to be responded within 24 hours. However, till 17.03.2015 the OP has not cancelled the ticket and rather informed the complainant vide Ex.C-5 that the record show that the complainant has already boarded the flight whereas the facts were contrary as the complainant has never ever approached the airline on the proposed date of journey i.e. 14.03.2015 from Hyderabad to Delhi. The complainant brought this fact to the notice of the OP on 25.03.2015 and again the OP took a wrong plea that after investigation it found that the tickets for the return sector was no show as the pass angers did not board the flight. Another e-mail Ex.C-9 from the OP to the complainant that it did not receive any cancellation request, so cancellation charges would be applied as per no show. The e-mail dated 30.03.2015 i.e. Ex.C-9 is quite contrary to the e-mail dated 09.03.2015 Ex.C-4 both sent by the OP to the complainant. In e-mail dated 09.03.2015 Ex.C-4 the OP has acknowledged having received request for cancellation whereas now after a month it is taking entirely a different stand of not having received any request for cancellation of ticket. The OP cannot blow hot and cold in the same breath. Once the complainant has proved on record Ex.C-4 showing acknowledgement of his request for cancellation of ticket, there is no question of applying the cancellation charges on no show basis as has been conveyed by the OP vide e-mail dated 30.03.2015 Ex.C-9. The complainant is entitled to refund the amount for advance cancellation intimation and not on no show basis.
7. The counsel for the OP has drawn our attention to Para-H of the written arguments vide which the OP has taken a stand that it intends to refund back the ticket amount as per the then applicable terms and conditions of the website and the application cancellation policy and cancellation charges which were agreed to by the complainant at the time of booking and has already made a refund of Rs.1745/- which was credited to the complainant’s account on 06.11.2015. The complainant has accepted during the course of arguments receipt of Rs.1745/- as refunded by the OP in his account but that being deficient and contrary to the terms and conditions of cancellation has been agitated against by the complainant.
8. The OP has failed to show terms and conditions of the website or any literature governing the duly signed terms and conditions being binding on the parties. In the absence of any documentary evidence, the refund of Rs.1745/- at the whims and fancies of the OP is an act of unfair trade practice has been amply proved by the complainant. The complainant is entitled to actual refund of Rs.6067/- for the amount paid for un-availed return journey from Hyderabad to Delhi. The said amount complainant is entitled to refund alongwith interest minus Rs.1745/- received by the complainant on 06.11.2015. The complaint has been duly proved by the complainant is, therefore, deserves to be allowed and the complainant deserves to be compensated.
9. In view of above discussions, the complaint is allowed against the OP with the following directions:
(a) to refund to the complainant a sum of Rs.4,322/- (Rs. Four thousand three hundred twenty two only) alongwith interest @ 9% per annum w.e.f. 06.11.2015 till realization.
(b) to pay to the complainant a lump sum compensation of Rs.20,000/- (Rs. Twenty thousand only) for mental agony, harassment and costs of litigation.
Compliance of the above directions be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
June 06, 2016.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
