Haryana

Ambala

CC/140/2023

PALAK. - Complainant(s)

Versus

HAPPY EASYGO PVT.LTD. - Opp.Party(s)

NIKLESH BHAGI

06 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	140 of 2023
Date of Institution	:	10.04.2023
Date of decision	:	06.10.2023

 

1. Palak d/o Sh. Nikhilesh Bhagi

 

2. Rekha Goyal Bhagi w/o Sh. Nikhilesh Bhagi

 

3. Nikhilesh Bhagi son of Sh. Naresh Kumar Bhagi

 

4. Sunita Goyal wife of Sh. J. P. Goyal

 

          All resident of H. No. 2, Mohinder Nagar, Ambala City

 

5. Krishan Kumar Garg

 

6. Nirmala Devi wife of Sh. Krishan Kumar Garg

 

          Both resident of H. No. 729/1, Sector 41, Chandigarh.

 

7. Prince Singla son of Sh. Jaspal Singla

 

          Resident of Opp. PNB Bank, Village Ismaliabad, District Kurukshetra

          ……. Complainants

                                                Versus

1. Happy Easygo Private Limited Plot no.242 & 243, AIHP Palms, Phase IV, Udyog Vihar, Sector 18, Gurugram, Haryana 122015 through its Managing Director/CEO. (email es@happyeasygo.com)
2. Air India Limited Airlines House, 113 Gurudwara Rakabganj Road, New Delhi- 110001 through its Managing Director/CEO. (email: delrefunds@airindia.in)

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri Nikhilesh Bhagi, Advocate, counsel for the complainants.

                   OPs already ex parte.                               

Order:        Smt. Neena Sandhu, President.

                   Complainants have filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund to amount of Rs.19,806/- (5916+5916+2668+2728+2578) i.e. price of all seven flight tickets from date of booking i.e. 18.02.2020 till its realization;
2. To pay Rs.400,000/- as compensation  for causing mental harassment and mental agony to the complainants as well as for rendering deficiency in service.
3. To pay Rs 25,000/- on account of litigation expenses
4. Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainants are family members and friends and they jointly planned summer vacation tour in Maharashtra. In the month of February 2020 the complainants searched the OPs webportal to book their Air tickets for their journey on 15.06.2020 from Chandigarh to Pune. Accordingly the complainants booked seven tickets from Chandigarh to Pune in the flight of OP No.2 which was to depart at 9.15 AM from Chandigarh and to reach Pune at 11.40AM on 15.06.2020. Total amount of Rs.19806/- i.e. (5916+5916+2668+2728+2578) was paid by the complainants, as result of which, OP No.1 issued seven tickets PNR to the complainants vide Trip ID: 686466688815858506, 686465265034199141. 686464970829016478. 686464985861402031. 686464985861402031,   686464985861402033 & 686464985861402033. All the tickets were refundable, in case of cancellation of flights or tickets. In the mid March 2020, Govt. of India as well Ministry of Aviation cancelled all flights on account of increase of cases of COVID PANEDMIC and issued instructions of LOCKDOWN, as a result of which, OP No.2 cancelled all flights and asked their travelers for cancellation of their tickets through travel agent, so that amount could be refunded to them. The Hon'ble Supreme Court of India also  in case titled as "Paravasi Legal Cell & Ors. Vs Union of India" ordered refund of the amount paid towards the airfare of all airlines. After considering covid pandemic condition and its impact, the complainants called the official of OP No.1, who told them to cancel their tickets on webportal from which the same were booked. Accordingly the complainants cancelled all seven tickets on 18-04-2021 and waited for their refund but the refund was not made despite of making number of requests to the OPs.  OP No.2 vide email dated 31.08.2021 informed to the complainants, that it has already refunded entire flight booking amount to OP No.1 on 27.08.2021 and requested the complainants to approach OP No.1 for refund. However, when the complainants contacted the officials of OP No.1, though they assured the complainants to wait some time for refund, yet, their amount was never refunded.  Hence this complaint.
3.           Upon notice, none appeared on behalf of the OPs No.1 and 2 before this Commission, therefore, they were proceeded against ex-parte vide orders dated 06.06.2023 and 27.07.2023.
4.           Learned counsel for the complainants tendered affidavit of the complainants as Annexure CA to CC alongwith documents as Annexure C-1 and C-17 and closed the evidence on behalf of the complainants.
5.           We have heard learned counsel for the complainants and have also carefully gone through the case file.
6.           Learned counsel for the complainants submitted that the act of the OPs by not refunding the amount received from the complainants towards the cancelled air tickets in question, despite the fact that it was on account of pandemic (COVID-19) that all the flights were cancelled by the Government, amounts to deficiency in providing service and guilty of adoption of unfair trade practice on their part. The learned counsel for the complainant has placed reliance upon the judgment dated 01.10.2020, passed by the Hon’ble Supreme Court of India, New Delhi in the case of Parvasi Legal Cell and Ors. Vs. Union of India and Ors. 2021 (1) BCR 433.
7.           It may be stated here that it is the definite case of the complainants that they have booked the air tickets of OP No.2 through OP No.1 on making payment of  Rs. 19806/- i.e. (5916+5916+2668+2728+2578), as is evident from the tickets, Annexure C-1 to  C-9 collectively, which were sent by OP No.1. It is clearly coming out from the contents of email dated  31.08.2021, Annexure C-16 that it had been clearly intimated by OP No.2 to the complainants, that their amount qua refund  against  their tickets because of cancellation of flight in question in view of lockdown in the country due to COVID-19, was processed on 27.08.2021 and the complainants were asked to contact OP No.1 for refund of their amount. It is also clearly coming out from the record that thereafter the complainants contacted the OPs especially OP No.2 number of times with a request to refund the amount paid by them towards the tickets in question, yet, the same was never done by the OPs. Except bald assurances given by OP No.2 vide various emails 13.01.2022, 27.01.2022, 08.02.2022, 26.02.2022, 26.03.2022  (Annexure C-13), 03.03.2022, 26.03.2022 (Annexure C-11) to the effect that refund will be made soon, there is nothing on record that the amount in question  has been refunded to the complainants till date. In our considered opinion once it has been admitted by OP No.2 that the flight in question stood cancelled because of COVID 19 and that the amount paid by the complainants already stood refunded to OP No.1, as such, it was only OP No.1 which was liable to refund the amount to the complainants, in view of directions given by the Hon’ble Supreme Court in Parvasi Legal Cell and Ors. Vs. Union of India and Ors.(Supra), wherein, it was held that the airlines shall make all endeavours to refund the collected amount to the passenger within 15 days from the date of passing of order in this judgment i.e. from 01.10.2020, which has not been done in the present case. As stated above, since it is clearly coming out from the admission of OP No.1 itself in the emails referred to above, that it assured the complainants that the refund will be processed as it has already requested its teams to sort the refund on priority basis, as such, it can easily be said that OP No.1 is deficient in providing service, as despite receiving amount of refund from OP No.2, OP No.1 failed to pay it to the complainants and on the other hand is utilizing the same  till date. It is significant to mention here that, as stated above, notice of this complaint was sent to the OPs seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they were proceeded against ex parte vide order dated 27.07.2023. The non-appearance of OPs shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainant went unrebutted & uncontroverted. At this stage, it is significant to mention here that the OPs were legally bound to refund the air fare received by the complainants for cancelation of the tickets in question, as all the flights were cancelled during pandemic period, or in the alternative to issue credit note of the said tickets, so that the complainants or their relatives could have used the same in future in view of principle of law laid down in Parvasi Legal Cell and Ors. case (supra). but as stated above, OP No.1 failed to do so, despite  receiving refund from OP No.2. Thus, act of the OP No.1 by neither refunding the air fare of the tickets in question paid by the complainants nor issuing credit note of the said tickets, amounts to grave deficiency in providing service, negligence and guilty of adoption of unfair trade practice, which has definitely caused a lot of mental agony and harassment, including financial loss to the complainants.
8.           Since, no deficiency in service has been proved on the part of OP No.2, as such, the complaint against it is liable to be dismissed.
9.           In view of the aforesaid discussion, we hereby dismiss the present complaint against OP No.2 and allow the same against OP No.1 and direct it, in the following manner:-
   1. To refund the amount of Rs.19806/- i.e. (5916+5916+2668+2728+2578) to the complainants, in the manner received by it from the complainants, alongwith interest @6% p.a. from the date of receipt, onwards.
   2. To pay Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.2,000/- as litigation expenses.

The OP No.1 is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP No.1 shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.  

       Announced:- 06.10.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President