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Joginder Singh filed a consumer case on 17 Mar 2023 against Indigo Airlines in the Rupnagar Consumer Court. The case no is CC/22/98 and the judgment uploaded on 28 Apr 2023.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ROPAR
Consumer Complaint No. 98 of 2022
Date of Decision: 17.03.2023
Joginder Singh son of S. Bachan Singh, resident of House No.2935-B, Street No1, Malohtra Colony, Rupnagar, Tehsil & District Rupnagar
……complainant
Versus
……Opposite Parties
Consumer Complaint under Section Consumer Protectio Act
Quorum: Smt.Ranvir Kaur, Member.
Sh. Ramesh Kumar Gupta, Member
Present: Sh. Joginder Singh, complainant in person
OPs exparte
Order dictated by :- Smt. Ranvir Kaur, Member
ORDER
RANVIR KAUR, MEMBER
The present complaint has been filed by the complainant on the averments that the complainant was having the Union meeting at Puri (Odisha) on 19/20.11.2021. The complainant and his other colleague/union members had gone to Puri through the Train, but the complainant and his other colleague members had a plan to come back to Chandigarh from Bhubaneswar through Airline. On 22.10.2021 i.e. Before going to Puri, the complainant had booked the Airline Ticket for himself as well as his other two colleague members namely Manjit Singh and Lachhman Singh at Rupnagar from Bhubaneswar to Chandigarh for 22.11.2021 with the OP No.1 through OP2 after paying total amount of Rs.13,428/- plus services taxes etc and the OP1 and OP2 have issued the ticket bearing booking ref. No.REF118146578 bearing PNR No.VT2WJE, but later on the complainant came to know that he has inadvertently booked the airline ticket from Chandigarh to Bhubaneswar instead of Bhubaneswar to Chandigarh. After getting the knowledge of the above said inadvertent mistake, the complainant immediately got cancel the said ticket on 29.10.2021 and as per the terms and conditions of OP1 Airlines, if any person got cancel the ticket, then the whole amount of the said cancel ticket will be refunded to the party of OP1. It is further averred that at the time of cancellation of the said ticket, the OPs No.1 & 2 assured the complainant that the amount of Rs.13,428/- will be refunded to the complainant in his bank account within a week. After waiting for a week, when the Ops did not refund the amount to the account of the complainant then the complainant approached and requested the Ops to refund the amount of the ticket to the complainant but the OPs always kept on putting the matter with one pretext or the other and have not refunded the amount to the complainant till today. Lastly prayed to allow the complaint with the following reliefs:-
2. Upon notice, the Ops No.1 & 2 have choosen to remain ex-parte vide order dated 15.12.2022
3. In support of his case, the complainant has tendered his duly sworn affidavit Ex.C1 along with documents Ex.C2 to Ex.C4 and closed the evidence.
4. Both the OPs have been proceeded against exparte vide order dated 15.12.2022. From the pleadings and evidence lead b y the complainant, it emerges that on 22.10.2021, he had booked Air Tickets from OP1 through agent OP2 from Bhubaneswar to Chandigarh for 22.11.2021, but inadvertently got booked these for reverse route. On coming to know about the mistake, on 29.10.2021 the complainant got the booking cancelled. Both the OPs did not object to that, nor they rebutted it on any ground. Complainant further submitted that OP1 has intimated him that the money has been returned to OP2 for passing over the same to him. However, the money has not been received by the complainant.
5. In the aforesaid circumstances, as the OP2 have not raised any objection to the cancellation of the booking and has not rebutted the claim of the complainant and rather have accepted his request for the return of booking amount, deficiency in service is proved on record. Therefore, we allow the complaint with the directions to OPs to pay the amount of the ticket of Rs.13,428/- along with interest @ 9% per annum from the date of acceptance of cancellation request of the complainant i.e. 29.10.2021, till the payment. The Ops are further directed to pay Rs.20,000/- as compensation along with litigation expenses to the tune of Rs.11,000/-. The OPs are also directed to comply with the said order within a period of 30 days from the date of receipt of certified copy of this order. Free certified copies be issued to the parties as per rules. The file be indexed & consigned to the Record Room.
Announced
March, 17 2023
(Ranvir Kaur)
Member
(Ramesh Kumar Gupta)
Member
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