JUDGMENT AND ORDER
The present case has arisen from a complaint petition filed by one Shri Nirupam Banerjee of Sonai Road, Silchar-6 stating the facts that on 25/03/2020 the complainant had booked a ticket in Indigo Flight no.-6E958 vide PNR No.- ZWDF2K from O.P. /Respondent agency namely Goibibo.com for a journey from Silchar to Kolkata on 28/04/2020. Subsequently the complainant had booked a return ticket in Indigo Flight bearing Flight no.-6E433 vide PNR No.-CJY2UJ from the same respondent agency for journey from Kolkata to Silchar on 01/05/2020. At the time of purchase of ticket the complainant paid Rs. 4733/- through his bank account. Further version of the complainant is that due to nationwide lockdown for Covid-19 pandemic the flights in which he was scheduled to travel got cancelled. The complainant was intimated by the Indigo through email message about the cancellation of flight and also he was told that the refund procedure will be done by the Booking Agency i.e., Goibibo.com. According to the complainant on 12/04/2020 and 15/04/2020 he contacted with the Goibibo. Com for refund of ticket money but he got no response. Thereafter on 12/08/2020 when he contacted with the Indigo Airlines then they stated that the refund of booking from one Agency shall be refunded by the same Agency. It is stated by the complainant that the respondent wilfully and deliberately has not refunded his ticket money and thus there has been deficiency in providing service to him. For that the complainant has suffered loss and damages. The complainant has, therefore, prayed for passing reliefs for refund of Rs.4733/- being purchase money of ticket alongwith interest @20% per annum, compensation of Rs.25,000/- for mental agony and cost of the proceeding.
On behalf of both the Opposite Parties joint written statement has been submitted in the case wherein it is stated that the O.P. No.-1 merely acts as a facilitator for booking the confirmed air tickets on behalf of the customers with the concerned service providers. That the answering O.P. upon the request received from its customer forwards the same to the concerned Airlines through softwares embedded on its web-portal and upon receiving the confirmation from concerned service providers, the booking i/d is generated and confirmed tickets is shared with the customer. It has been claimed that as a facilitator O.P. Ibibo has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental that a user may incur due to any change or cancellation of flights. It is further stated that refund of money of tickets is processed as per the airline fare rules and cancellation policy. Such refund shall be subject to Ibibo receiving the same from the airlines. According to the O.Ps., once the confirmed ticket is issued to the customer, the O.P. No.-1 is discharged from its obligations and liabilities. It is stated that the O.P. No.-1 has sought for refund from the Indigo Airlines regarding complainant’s ticket. As such, according to the O.P., no deficiency in services can be attributed to the O.P. No.-1. However it has been stated by the O.Ps. that after the order dated 01/10/2020 passed by the Hon’ble Supreme Court and the guidelines issued by the DGCA the Airlines acknowledged its liabilities and refunded the amount to the answering O.P. and the O.P. is willing to refund the same to the complainant . According to the O.P., the actual liability of refund is of the Airline and when the ticket is booked through the Agent , the Agent shall only be liable to refund the booking amount upon receiving the same from the concerned Airlines. As such in the present case the answering O.P. can not be held liable for the same. It is further claimed by the answering O.P. that the present complaint is liable to be dismissed for non-joinder of necessary party i.e., Indigo Airlines. It is accordingly prayed for dismissal of the case with costs.
In support of the case the complainant has submitted his evidence on affidavit as PW-1 and has also exhibited some documents. On the other hand, from the side of the answering O.P. evidence of one witness by way of affidavit has been furnished. Perused the evidence on record and the relevant papers. Also perused the written argument of the parties. In addition we have heard oral argument put forward by the learned counsel for the respective parties.
In his evidence as PW-1 the complainant has stated that he booked a ticket ( Ext.-1 ) in Indigo Flight bearing flight no.-6E958 vide PNR no.-ZWDF2K on 25th day of March’2020 from respondent nos.-1 & 2 agency i.e., Goibibo.com for a journey from Silchar to Kolkata on 28/04/2020. He also booked a return ticket ( Ext.-2 ) from respondent’s agency i.e., Goibibo.com in Indigo Flight bearing Flight no.-6E433 vide PNR no.- CJY2UJ from Kolkata to Silchar on 04/4/2020. PW-1 has further stated that due to nationwide lockdown declared by the Govt. of India for pandemic of Covid-19 alongwith other flights his flight also got cancelled and the message of cancellation was sent to his email. PW-1 has also claimed that the Indigo Flight intimated to him that the refund money will be provided by the respective ticket agency i.e., the respondent. PW-1 has exhibited the said email as Ext.-3 . It has been averred by PW-1 that on 11/04/2020 and thereafter on several dates he requested the respondent for refund of ticket money but he got no response. When contacted the Indigo Airlines informed him that they have already sent the money to the respondents who will refund the same to him. As, according to PW-1, no money was refunded so he issued legal notice to the respondents for refund of ticket money.
That the complainant ( PW-1 ) booked two flight tickets in Indigo Airlines from O.P./Respondent Goibibo .com for journey from Silchar to Kolkata and back and that both the said flights subsequently got cancelled due to the declaration of lockdown for Covid-19 pandemic these facts are not in dispute in this case as reveals from the evidence adduced by the O.P. side as well as from their written statement. In the evidence it has been claimed that the O.P. No.-1 acts merely as a facilitator for booking confirmed air tickets and they are not responsible for the refund of ticket money. However in the evidence it has been further stated that the O.P. No.-1 is willing to settle the matter by refunding the complete amount paid by the complainant i.e., Rs. 4733/- . On the other hand, from the papers available on record it reveals that the O.P. no.-1 is responsible for refund of ticket money of the complainant and for getting the said money back the complainant also took steps and even for that he issued legal notice. Thus, the activities of the O.P. no.-1 clearly indicate the deficiency of service towards the complainant. Under the circumstances we are of the considered opinion that the complainant is entitled to get relief in the case.
In view of the above, it is ordered that the O.P. No-1/Respondent No.-1 shall pay an amount of Rs 4733/- ( Rupees four thousand seven hundred thirty three ) only to the complainant being the refund of ticket money. In addition the O.P. No.-1 shall pay to the complainant an amount of Rs. 2,000/- (Rupees two thousand) only towards compensation for mental agony, pain and sufferings and further amount of Rs.3000/- ( Rupees three thousand ) for litigation expenses. The entire amount shall be payable within a period of 45 (forty five ) days from today in default interest @ 9% per annum shall be accrued on the amount from today till payment.
With the above relief the case of the complainant stands allowed on contest against O.P. No.-1/Respondent No.-1. However the case stands dismissed against O.P. No.-2.
Given under the hand and seal of this commission on this 18th day of January’2022.
Furnish certified copy of judgment to the parties free of cost.
