BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 28^th DAY OF FEBRUARY 2023

ORDER

SMT. SUMA ANIL KUMAR, MEMBER

1. The  complainant  has filed this complaint under section 35 of C.P. Act, 2019 against the Opposite parties  for the reliefs

1. To direct the OP to refund total ticket value of Rs.36,086/- along with interest at 18%, plus Rs.10,000/- towards harassment caused and pass such other orders to meet the ends of justice.

2.  The brief facts of the case of the  complaints are as under:

The complainant has filed this complaint stating that the complainant had booked 05 Air tickets in the name of his and his family members dt.16.02.2020 through the ticket booking agent IBIBO Group Pvt. Ltd., from Bengalulru to Srinagar for dates 29.07.2020 and return tickets scheduled on 05.08.2020. But both the flights of onward and return journey was cancelled by the Air lines on the order of the government and the refund of the tickets are not done since 01 year of the flights being cancelled. The said tickets were booked on online on www.goibibo.com by the complainant and on several request, mails etc. the OPs did not respond properly and were blaming each other for the refund of the amount. Hence, under these circumstances, the complainant has filed this complaint on 13.07.2021 seeking refund of cancelled air ticket charges and such other reliefs.

3. After issue of  notice to OPs, OPs appeared before this commission through their counsels  and filed their respective version.

4. In the version of OP-1,  OP-1 admits to the fact that the complainant has booked tickets on 16.02.2020 for the travel date on 29.07.2020 much before 05 months in advance. The complainant raised the refund request against the Airline (OP2) on 02.12.2020 on the cancellation of flight due to Covid-19 orders passed by the government and sought for refund. The OP-1 requested the complainant to share the bank details to credit the refund amount  to the complainant account, but when no details were furnished by the complainant, the same amount of refund was remitted to OP-1 by OP-2 i.e. Air India which was further refunded by OP-1 to the wallet of the complainant. OP-1 further submits that the list of refunds made against the aforesaid booking are

1. Booking ID:GOFLDIOS5Be851581120530

Amount paid:Rs.6,805/-

Amount refunded:

a)Rs.3114.5 on refund date:17.07.2021.

b)Rs.119/- on refund date 30.08.2021.

2. Booking ID:GOFLDIOSIDEA71581820987

Amount paid Rs.7,506/-

Amount Refunded Rs.3,636/- to the wallet of the complainant.

Refund Date: 24.02.2022

3. Booking ID:GOFLDIOS9B49C1581821242

Amount paid Rs.7,260/-

Amount Refunded Rs.453/- to the wallet of the complainant.

Refund Date: 24.02.2022

5. It is submitted that the aforesaid refund amount were credited to the wallet of the complainant. The refund was processed by the OP-2 after deducting the penalties of Rs.2,700/- per passenger  in some tickets and some were refunded in full. OP-1 further submits that the complainant had booked the ticket through website operated by OP-1 who is engaged in the business of e-commerce travel organizer by providing an online platform wherein various services providers offers their services. OP-1 is only an intermediatory  between  the end users such as the complainant and the service providers Air lines.

6. In the version of OP-2 i.e. Air India submits that in the wake of spread of Covid-19 virus, the Govt. of India announced nation vide lockdown and in this regard Govt. of India represented by the Joint Secretary to the Gov. of India, Ministry of Civil Aviation passed an order bearing no.AV11011/1/2020-US(AG) office-MOCA dt.23.03.2020 for suspension of flight services, pursuant to which circular dt.23.03.2020 was issued by the office of the Director General of Civil Aviation, which are  further extended/modified from time to time and therefore the complainant tickets were cancelled  along with other flights. In the instant case the refund application was processed by Air India, ticket amount refunded to OP-1.      OP-1 is duty bound to refund the said amount to the complainant immediately. OP-1 has failed to refund the ticket amount to the complainant.   OP-2 has already refunded the cancellation amount to OP-1 as early as on 15.07.2021 and OP-2 is not liable to pay any amount to the complainant.

7. The complainant   in order substantiate his case  has filed his affidavit evidence along with documents such as copy of air tickets booked through goibibo, email transactions.

8. OP-1 files affidavit evidence along with  list of  05 documents, which  are marked as Ex.R1 to R5.  OP-2 not filed affidavit evidence.

9. OP-1 filed written arguments. Complainant and OP-2 not filed written arguments. Perused documents.

10.    The following points do arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

11. Our answer to the above points are as under:

       Point No.1:-Affirmative

      Point no.2:- Affirmative in part.

      Point No.3:-As per the final order.

REASONS

12. Point Nos.1 and 2:. These two points are interrelated and hence they have  taken up for common discussion.

13. The contents of the complaint and the version of the OPs are briefly stated. It is  clear from the copy of the air tickets produced by the complainant that he had  booked 05 Air tickets of Air India well in advance for the dt.29.07.2020 and 05.08.2020 through e-booking with GOIBIBO travel agents. The air tickets cancelled by the Govt. of India during the covid-19 in view of the safely of the public. OP-1 has partially repaid the amount to the complainant, but the complainant claims repayment of the full amount.

14. In the para-3.3. of the Civil Aviation requirements, Section-3-Air transportation service in para-IV issued by the office of the Director General of Civil Aviation, Government of India dt.06.08.201 and revised on 27.02.2019, it is state that

“3.3.1: In order to reduce inconvenience caused to the passengers as aresult of the cancellation of the flights on which they are booked to travel, airline shall inform the passenger of the cancellation at least two weeks before the scheduled time of departure and arrange alternate flight/refund as acceptable to the passenger. In case the passenger are informed to the cancellation less than two weeks before and up to 24 hours of the scheduled time of departure, the airline shall offer an alternative flight or refund the ticket, as acceptable to the passenger

3.3.2: Passengers who have not been informed as per the provisions contained in para 3.3.1 or missed the connecting flight booked on the same ticket number of the airline, the airline shall either provide alternative flight as acceptable to the passenger or provide compensation in addition to the full refund of air ticket in accordance with the following provisions.

a) INR 5,000/- or booked one-way basic fare plus airline fuel charge, whichever is less for flights a blocked time of up toand including 01 hourb) INR 7,500 or booked one-way basic fareplus airline fuel charges, which ever is less for flights having block time of more than 01 hour and upto and including 02 hours. C) INR 10,000 or booked one way basic fare plus airline fuel charge, whichever is less for flights having a block time of more than 02 hours.

Additionally, the airline shall provide them facilities at the airport in accordance with para-3.7.1(a) in theevent they have already reported for their original flight and whilst they are waiting for the alternative flight. ”

15. In the above said para’s, it clearly  show that the Airlines has to provide compensation in addition to full refund of airticket to the complainant on the cancellation of the tickets. The OP-1 & 2 have not repaid the complete cancellation amount to the complainant though the cancellation was made by them due to the emergency of Covid-19. This amounts to deficiency of service and are jointly liable for the payment of Rs.36,086/- towards  the repayment of the ticket amount and Rs.10,000/- of compensation  for mental agony and harassment  and Rs.5,000/- towards litigation charges. Hence, we answer point no.1 in affirmative and  Point no.2 partly in affirmative.  

16. Point no.3:-.  In view of the above discussions referred above, we proceed to  pass the following 

O R D E R

1. The complaint is allowed in part.
2. The OP-1 & 2 are directed to refund Rs.36,086/-  with 9% p.a. interest from the date of complaint  till realization of the amount.
3. The OPs shall pay Rs.10,000/- compensation for causing mental agony and harassment to the complainant.
4. The OP is further directed to pay Rs.5,000/- towards litigation expenses.
5. The OPs shall comply the order within 60 from the date of order, failing which the OPs- shall pay interest at 12% p.a. on Rs.36,086/- after expiry of 60 days.
6. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 28^th  day of February, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :  

*SKA