D.O.F:20/09/2021      

                                                                                                              D.O.O:20/05/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION KASARAGOD

                                  CC.158/2021

Dated this, the 20^th day of May 2024

PRESENT:

SRI.KRISHNAN.K                                         : PRESIDENT

SMT. BEENA. K.G                                      : MEMBER

Ajith Vedikunnu

Puthiyakandam (H) Parammal   Bare Village, Mylatty (P.O)

Udma, Hosdurg Taluk                                                : Complainant

 Kasaragod (Dist) 671319

                                                      And

1. Goibibo Web Private Limited,

4^th Floor, Pearl Towers,

Plot No 51, Sector 32,

Gurgaon, Haryana – 122002.

(Adv:Nived.K.V)

2. Federal Bank

City Centre Building,

Palakunnu, Bekal.P.O,                                               : Opposite Parties

Near Palakunnu Temple Road,

Kasaragod.

(C.H.Vishnu Bhat)

ORDER

SRI. KRISHNAN.K : PRESIDENT

          The case of the complainant is that he purchased air ticket by paying Rs.15746/- through website of opposite party No:1 on 09/01/2020 for travel for Kuwait to Kannur.  On 02/04/2020, return date was 25/04/2020.  Due to Covid 19 all flights was cancelled and air ports were closed and could not travel on the same date.  The air ticket amount is not refunded even though bank details was entered in Opposite Parties portal.  The bank details have been forwarded to Opposite Party to enable the refund from the airticket charges promised refund within 7 to 10 working days.  Despite many reminders, not re-funded.  Online complaint was filed.  Thus complainant is filed for a direction to pay Rs. 15746/- as ticket charge and also claimed Rs. 2 Lakh as compensation and cost of litigation.

          The Opposite Party No:1 appeared and filed written version stating that Opposite Party No:1 is only a facilitator in the light of covid 19 airline passenger suffered a lot of cancellation of the flight .  Refund will be allowed by the concerned travel agency to the customer.  As soon as the same is received from the concerned airlines DGCA issued a circular with direction to all airlines to strictly follow the order dated 07/10/2020.  Complainant did not produce bank details in time.  The Opposite Party transferred Rs. 15746 by DD on 17/01/2022 Opposite Party submitted in written version that agents shall process the refund to its customer, and there is no deficiency in service and prayed to dismiss the complaint.

          As per order in IA 414/2022 Opposite Party No:2 impleaded as supplemental Opposite Party No:2.  The Opposite Party No:2 filed written version stating  that complaint against  Opposite Party No:2 is not maintainable .  Further contented that complainant is maintaining an SB account with Opposite Party No:2 and not connected with the transaction mentioned in the complaint, and prayed to dismiss complaint against Opposite Party No:2.

          The complainant filed chief affidavit and Ext A1 series marked Opposite Party No:1 produced Ext B1 to B11 documents.

          The points for consideration are;

1. Whether there is any deficiency in service from Opposite Party’s?
2. Whether complainant is entitled for compensation? If so for what reliefs?

Both points taken together for convenience.  From the evidence both oral and documentary, the fact that the complainant purchased airticket for travel during period therein by paying Rs. 15746/-.  It is also in evidence that due to Covid – 19 all flights were cancelled and due to the same they could not travel and flights were cancelled.  The cancellation is not due to any fault from the part of Opposite Party being a situation beyond control.  When the complainant examined as Pw1, suggestion is made that the ticket charges were remitted to the account of the complainant in Federal Bank, ie Opposite Party No:2 but rejected by bank.  It is true that no amount is credited to the account of complainant in the regard.  Thus complainant is entitled for re-fund of airline ticket charges in full.  The complaint has no grievance against Opposite Party No:2 and no relief claimed against them.  Therefore Opposite Party No:2 is exonerated from liability.

In the result, complaint is allowed in part Opposite Party No:1 is directed to pay Rs. 15746/- at interest of 8% per annum from 09/01/2020 till payment.  Since there is long delay in repayment.  There is deficiency in service from Opposite Party No:1 they are also liable to pay compensation of Rs. 10,000/- (Rupees Ten thousand only) and also pay Rs. 5000/- (Rupees Five thousand only) as cost of litigation within 30 days of the receipt of the order.

    Sd/-                                                                                                           Sd/-

MEMBER                                                                                      PRESIDENT

Exhibits

A1- Series, Details of refund received from airlines.

B1- Reply on behalf of IBIBO Group Pvt Ltd.

B2- Copy of the user agreement & terms of service.

B3- Copy of the various media reports.

B4- Copy of the Judgement Dt: 1/10/2020.

B5- Copy of the Circular issued by the DGCA.

B6- Copy of the guidelines and circulars.

B7- Copy of the screenshot of the transactions.

B8- An Original demand draft.

B9- Copy of the Civil Aviation Requirement.

B10- Copy of the guidelines issued by the DGCA.

B11-Certificate under section 65 B of the Indian Evidence Act 1872.

Witness Examined

Pw1- Dhanesh.V

      Sd/-                                                                                                      Sd/-

MEMBER                                                                                            PRESIDENT

Forwarded by Order

                                                                      Assistant Registrar

Ps/