Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 367.

                                                          Instituted on     : 18.08.2015.

                                                          Decided on       : 29.04.2016.

Atul Mehta Advocate s/o Sh Madan Gopal Mehta R/o 357 P, Sector-2, Rohtak.

                                                          ………..Complainant.

                             Vs.

Indigo Airlines through its Managing Director(Authorized Agent) head office Level-1, Tower-C, Global Business Park, Mehrauli Gurgaon Road, Gurgaon-122002(Haryana).

                                                          ……….Opposite party.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.JOGINDER KUMAR JAKHAR, PRESIDENT.

                   MS. KOMAL KHANNA, MEMBER.

                   SH. VED PAL, MEMBER.

Present:       Complainant in person.

                   Sh.Ritesh Parshad alongwith Sh.J.K.Bidla,

                   Advocate for the opposite party.

                                      ORDER

SH. JOGINDER KUMAR JAKHAR, PRESIDENT :

                             The present complaint has been filed by the complainant with the averments that he had purchased a Tour package No.P-841WJ from Delhi to Coimbatore amounting to Rs.27702/- on 13.05.2014 from the opposite party and the package includes two return Air tickets and Hotel Accommodation in Hotel Aloft Coimbatore for two days including breakfast. The package was commenced from 20.06.2014 to 22.06.2014 and the complainant had purchased the same online through internet. It is averred that due to some reason he had cancelled the package on 16.06.2014 and at the time of cancellation opposite party told that Rs.1500/- per ticket will be deducted from the account of complainant and the complainant consented for the same and cancelled the package and the opposite party told the complainant that after deduction of Rs.6000/- from your account an amount of Rs.21702/- will be credited in your account within seven days which was confirmed by the opposite party through email dated 16.06.2015. It is averred that after passing a long time, opposite party has not credited the alleged amount in the account of complainant. It is averred that the complainant requested the opposite party many times but the opposite party had told that they had only cancelled PNR and the complainant will not get any refund and then after the interference of higher authorities the opposite party become ready to give Rs.15000/- instead of actual refund of Rs.21702/- but the complainant refused to accept the same. Complainant again requested the opposite party to refund the whole amount but the opposite party only credited the amount of Rs.16839/- in his account and has wrongly deducted an amount of Rs.4869/- from the account of complainant on account of hotel accommodation on the ground that it was not cancelled by the complainant. It is averred that as per the terms and conditions of the  opposite party also, ‘No partial cancellation was permissible”.  As such it is averred that there is deficiency in service on the part of the opposite party and the complainant has sought the amount of Rs.4869/- which has been wrongly deducted by the opposite party alongwith interest, compensation and litigation expenses.

2.                          On notice, opposite party appeared and filed its written reply submitting therein that it is denied that the answering opposite party told the complainant that after deduction of Rs.6000/- from the complainant’s account, an amount of Rs.21702/- will be credited by the answering opposite party within  7 days. It is denied that the opposite party wrongly deducted the amount of Rs.4869/- from the account of complainant. It is averred that the answering opposite party was not informed regarding the cancellation of the entire package and that only the airline ticket was cancelled by the complainant which is why the hotel was already boked and the complainant m was declared as a no show in the hotel. It is averred that the answering opposite party has acted as per terms and conditions of the carriage and refunded the amount of Rs.17566/- into the account of the complainant and is not liable to compensate the complainant any further. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of the complaint with costs.  

3.                          Both the parties led evidence in support of their case.

4.                          Complainant in his evidence tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C18 and has closed his evidence. On the other hand, opposite party in its evidence tendered affidavit Ex.RW1/A and had closed his evidence.

5.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

6.                          In the present case it is not disputed that as per booking confirmation Ex.C1 that the complainant had booked two tickets with the opposite party from Delhi to Coimbatore amounting to Rs.27702/- on 13.05.2014 for the period 20.06.2014 to 22.06.2014 from the opposite party including two return Air tickets. It is also not disputed that as per email Ex.C2 dated 16.06.2014 complainant had cancelled the alleged tickets    and as per information given on the alleged email an amount of Rs.1500/- per person per sector was as cancellation charges. But as per the credit card statement Ex.C18 the opposite party has only credited the amount of Rs.16839/- in the account of complainant. The contention of the complainant is that as per terms and conditions of the opposite party it has to refund the amount of Rs.21702/- to the complainant i.e. booking amount  less cancellation charges(Rs.27702/- less Rs.6000/-) but the opposite party illegally deducted the amount of Rs.4863/- from the alleged amount on the plea that : “They were not informed regarding the cancellation of the entire package and only the PNR was cancelled and the hotels were already booked for you and you were a no show in the hotel”.

7.                          After going through the file and hearing the parties it is observed that as per email Ex.C2 dated 16.06.2014 Ex.C2 the status of the booking reference P841WJ is shown as ‘CANCELLED’  but it is nowhere mentioned in the alleged document that only the flight was cancelled and the hotel was not cancelled. Moreover as per terms and conditions of the opposite party placed on record as Ex.C15 and Ex.C16, it is submitted under the head Combined Services that: “ The flight and hotel + ground services have to be used in tandem. Passengers are not entitled to use one service independent of the other. A cancellation of package booking will automatically cause all services(flight and hotel) to be cancelled”.  Hence from the documents placed on record it is proved that the cancellation of booking was to cause both services (flight and hotel) but the opposite party has only cancel the flight and had deducted the amount of Rs.4863/- on account of hotel charges and the same were not refunded to the complainant despite his repeated requests and emails placed on record as Ex.C5 to Ex.C13 which amounts to deficiency in service. In this regard we have placed reliance upon the law cited in I(2010) CPJ 578 titled Air India Limited Vs. Manoj Kumar Dewan whereby it is held that: “To and fro tickets booked-Return tickets cancelled by OP alleging non-confirmation of same-Forced to purchase fresh tickets-Deficiency in services alleged-Complaint allowed-Hence appeal-Contention, request from complainant’s agent to postpone ticket-No confirmation made within time limit-Duty of appellants to contact respondent-Ticket cancelled without consent-Deficiency in service proved- Ticket amount and costs to be refunded”.

8.                         In view of the aforesaid law which is fully applicable on the facts and circumstances of the case it is observed that the opposite party shall refund the amount of Rs.4863/-(Rupees four thousand eight hundred sixty three only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 18.08.2015 till its actual realization and shall also pay a sum of Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses to the complainant maximum within one month from the date of decision failing which the awarded amount shall carry further interest @ 12% p.a. from the date of order.  Complaint is allowed  accordingly.

                             Copy of this order be supplied to both the parties free of costs.      File be consigned to the record room after due compliance.

Announced in open court:

29.04.2016.

                                                          ................................................

                                                          Joginder Kumar Jakhar, President

                                                          ..........................................

                                                          Komal Khanna, Member.

                                                          …………………………….

                                                          Ved Pal, Member.