O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainant purchased Air Tickets for his friend’s parents from OP-1 i.e. M/s India Travels, New Delhi on 15.4.2008 which was a Return ticket (Delhi-New York-Delhi) bearing E-Ticket No.5895676062228. The complainant further alleged that a sum of Rs.1,11,390/- being the total amount for the said ticket was paid through his HDFC Bank Credit card No.4050 2820 0082 2804. He further alleged in the complaint that the OP-1 advised him to purchase the ticket before 15.4.2008 and quoted the cost of ticket as Rs.60070/-including taxes per passenger. It is further stated in the complaint that the complainant was told by OP-1 that in case of cancellation of the tickets a sum of Rs.2,800/-per passenger will be deducted and rest of the amount will be refunded. The complainant has alleged that on 1st May 2008 he called upon Ms. Megha of OP-1 on telephone for cancellation of tickets as his friend’s parents could not get Visa from the American Embassy and message was sent to OP-1 via e-mail also. It is alleged in the complaint that despite number of e-mails and requests, the OPs have not refunded the said amount and have flatly refused to do so. On these facts complainant prays that O.P be directed to refund the amount of Rs.1,11,400/- and also to pay compensation and litigation cost etc. as claimed.
2. Notices of the complaint were issued to both the OPs, OP-1 was proceeded with ex-parte on 4.7.2009 as none appeared on its behalf despite service. OP-2 i.e M/s Jet Airways India Ltd. has filed its written statement. In the written statement it has been stated that the complainant has no locus standi to file the present complaint and also he was not a consumer of OP-2. It has been pleaded in the written statement that the complainant had booked his tickets through a Travel Agent of India Times Travels i.e. OP-1 on its flight 9W229 (Delhi-New Yark-Delhi). The said tickets were issued by OP-1 on 15.4.2008. It is further stated that the same were cancelled by OP-1 on 3.8.2008 on ‘Galileo’, which is centralized reservation system. It is further pleaded that once a request for cancellation is made on the system, OP-2 cannot know about the said cancellation on daily basis. It is further stated that it was incumbent upon the OP-1 to specifically request OP-2 about the said cancellation and refund which was not done by OP-1 and has not been done till date. It has been further stated that as per policy of OP-2 the amount is refunded within four weeks after receiving request from the travel agent but the OP-1 has never requested to OP-2 for cancellation of the air tickets. It is further pleaded by OP-2 that deficiency in service if any is caused by OP-1 and OP-2 is not liable for inconvenience caused to the complainant. On the basis of these averments, OP-2 has prayed for dismissal of complaint qua OP-2.
3. The complainant and OP have filed their evidence by way of Affidavit reiterating the pleas taken in the complaint as well as written statement. The complainant has filed copies of the Air Tickets and various e-mails exchanged by and between the complainant and OP-1. The complainant has also filed copy of legal notice served to both the parties. It has also filed the reply given by OP-2 in respect of legal notice.
4. We have carefully gone through the complaint, written statement and documents placed on record by the parties. It is apparent from the electronic ticket placed on record that OP-1 issued E-Ticket No.5895676062228 dated 15.4.2008 for travel to Delhi-New York and back. The platinum visa credit card statement issued by HDFC Bank shows internet transaction dated 15.4.2008 for a sum of Rs.120,140/-. The contentions raised by the complainant in the complaint finds support from the e-mails exchanged between the complainant and OP-1. In the e-mail dated 15.4.2008 sent by OP-1 states that cancellation amount per passenger will INR2,800/-per passenger and the rest of the amount will be refunded. From this e-mail, it is clear that OP-1 assured and confirmed the complainant about the cost of cancellation of the air tickets. Further, e-mails dated 5.6.08 indicates that the complainant has been pressing OP-1 for refund of the air tickets amount as he has to pay back the money to HDFC Bank. In the e-mail dated 12.6.2008 OP-1 intimated that they are making efforts with the Jet Airways as a special case as these tickets were non- refundable. OP-1 through Ms. Megha Verma continued to assure the complainant for making efforts to get the refund but in her e-mail dated 31st July 2008, she has stated that the air tickets were non-refundable and only taxes can be refunded, she has sought the advise of the complainant in this regard. From the very beginning till the last e-mail on 31st July 2008, OP-1 never intimated the complainant that these tickets were non-refundable. On the contrary she vide her e-mail dated 15.4.2008 has informed the complainant that only Rs.2800/-per passenger will be deducted as cancellation charges and the rest of the amount will be refunded. From the correspondence entered between the complainant and OP-1, it is apparent and evident that the complainant was from the very beginning seeking clarification in case of cancellation of the tickets and on the assurance of OP-1 regarding the deduction of Rs.2800/- only as cancellation charges went ahead for tickets which were issued on 16.4.2008.
5. The reply of the OP-2 to the legal notice as well as reply filed by OP-2 to the complaint of the complainant before this Forum clearly shows that OP-1 never approached OP-2 for cancellation of the tickets. The complainant has also not proved any document on record to prove that OP-2 was in any way responsible for any omission or commission in respect of the transaction of issuance of air tickets and cancellation. In such circumstances, OP-2 cannot be held liable for deficiency in service. Hence the complaint against OP-2 is dismissed.
6. In view of above discussions, we find that OP-1 was deficient in service and the complainant has suffered a loss due to the negligence on the part of OP-1. We, therefore, direct, OP-1 to refund the amount of Rs.1,11,400/- towards the air tickets alongwith 6% interest from the date of filing of the complaint till its realization. Complainant is also awarded a sum of Rs.15,000/- as compensation towards mental agony and harassment which will also include the cost of litigation. Ordered accordingly.
Copy of this order be sent to the parties as per rules.
Announced this 04th day of February, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
