Chandigarh

DF-II

CC/581/2018

Karan Sharma - Complainant(s)

Versus

Indigo Airlines - Opp.Party(s)

Ravi Inder Singh Adv.

11 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	581 of 2018
Date  of  Institution	:	17.10.2018
Date   of   Decision	:	11.07.2019

 

 

 

 

Karan Sharma s/o Pawan Kumar Sharma r/o #804, HEWO Apartments, GH-2, Sector 6, MDC, Panchkula, Haryana 134109.

             ……..Complainant

 

Versus

 

1]  Indigo Airlines, through its Authorised Representative/CEO/Director, Indigo Airlines, Registered Office, Central Wing, Ground Floor, Thapar House, 124, Janpath, New Delhi 110001, India.

 

2]  Red Chilli Holidayz, SCO 857, 1^st Floor Cabin No.5, NAC, Manimajra, Chandigarh through its authorised representative.

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By: Sh.Ravi Inder Singh, Adv. for the complainant.

Sh.Amandeep Singh, Adv. for OP No.1

Opposite Party No.2 exparte.

 

PER RAVINDER SINGH, MEMBER

 

         The case of the complainant, in brief is that, the complainant planned to travel with his family to Munnar, Kerala in Sept., 2018 and as such made booking of air tickets of Indigo Airlines for 15.9.2018 from Delhi to Kochi, Kerala and return flight for 23.9.2018 from Kochi to Delhi.  The said booking of air-tickets was made in advance in June, 2018 through Opposite Party No.2 on payment of Rs.50,616/- (Ann.C-1 & C-2).  It is averred that due to unprecedented floods, widespread destructions were caused in the State of Kerala in August, 2018, in which there was huge loss of life and heavy damage to property and airlines operations were suspended, the complainant get the said airline booking cancelled from the OP Airlines.  However, the Opposite Party No.1 while cancelling the booking made by the complainant, refunded only Rs.14,616/- and deducted Rs.36,000/- towards cancellation charges.  It is averred that when the complainant enquired about the wrong deduction of amount towards cancellation charges in view of position at Kerala, no reply was given.  Thereafter, a legal notice was sent to OPs on 12.9.2018 but to no avail.  Hence, this complaint has been filed for refund of Rs.36000/- (50616-14616) alleging the said act of OPs as gross deficiency in service and unfair trade practice. 

 

2]       The Opposite Party No.1 has filed reply and while admitting the factual matrix of the case, stated that the Customer Care Official of OP Airline received a call from the complainant on 14.9.2018 at about 01:11 hours wherein a request for the cancellation of all booked air-tickets was raised by the complainant and accordingly, the air-tickets were cancelled.  It is submitted that after deducting the applicable cancellation fee of Rs.3000/- per person per sector (there being 6 person on each PNR), a refund of Rs.4578/- was made against PNR No.SL7Q7R and for Rs.10,038/- was made against PNR No.CYYLPF and the money was duly transferred to the account through which the booking was made, as per terms of the Indigo CoC.  It is also submitted that the request for cancellation of the tickets was voluntarily made by the complainant himself.  It is stated that the complainant is trying to camouflage his decision to cancel the flight to Kochi under the false pretext that InterGlobe Aviation Limited by deducting the cancellation charges was allegedly responsible for deficiency in service, whereas, it is a matter of public record that the Kochi Airport was operational from 29.8.2018 and InterGlobe Aviation Limited/OP No.1 was operating flights to and from Kochi Airport, therefore, there was no reason why InterGlobe Aviation Limited would allow cancellation of tickets without the deduction of applicable charges.  It is also stated that the Kochi airport was fully operational and Indigo Flight was operating on the date of travel and InterGlobe Aviation Limited was always ready to comply with its obligations with respect to the boking made by the complainant, but the complainant himself preferred to cancel the booking, which attract cancellation charges as per binding terms of Indigo COC which were agreed to and accepted by the complainant before his booking was confirmed and processed. Denying other allegations and pleading no deficiency in service, the Opposite Party NO.1 has prayed for dismissal of the complaint.

         Opposite Party No.2 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 9.1.2019.

 

3]       Rejoinder has been filed by the complainant thereby reiterating the assertions as made in the complaint. 

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and perused the entire record.

 

6]       The complainant planned a visit to Kerala with his family and has made booking of air-ticket of Indigo Airlines/OP No.1 through Opposite Party No.2 for six passengers for  travel on 15.9.2018 from New Delhi to Kochi on IndiGo Flight No.6E-315 and for travel on 23.09.2018 from Kochi to New Delhi on Flight No.6E-706 and accordingly, the said tickets were booked under PNR Nos.SL7Q7R and CYYLPF respectively upon payments of Rs.22,578/- and Rs.28,038/- received by InterGlobe Aviation Limited for the respective PNR numbers (Ann.C-27 & C-28).

 

7]       The complainant, keeping into view the unprecedented rain, floods and disaster in the State of Kerala in first half of August, 2018, cancelled his tour programme and made a request for cancellation of Air Tickets with Opposite Party No.1.  As per request of the complainant, the OP No.1 Airline, cancelled the booked air-tickets and made a refund of Rs.14,616/- after deducting an amount of Rs.36,000/- on account of cancellation charges as per terms & conditions applicable thereto.

 

8]       The main ground of claim for total refund of booking amount of air-tickets, as put forth by the complainant is that due to unprecedented natural calamity and disaster in the State of Kerala during the month of August, 2018, the airlines operations were remained under suspension due to havoc and inactivity in the airport itself including the runway.  Due to flood etc. there was reported heavy causality in the State of Kerala.  Apprehending danger to their lives and health of his family members, the complainant preferred to cancel the tour to the State of Kerala as planned earlier and as such sought total refund of his booking amount along with compensation of Rs.1 lakh on account of mental & physical harassment.

 

9]       After careful analytical examination of complete evidence on file, it has been noticed that the Kochi Airport was operational from 29^th August., 2018 and almost all trains across Kerala were running on schedule.  It is reported for the notice of general public vide Ann.C-10 (Page 45) that though the roads are still not in good state, however, communication has been restored in most parts.  The Director General of Civil Aviation, Govt. of India, vide its Public Notice date 16.8.2018 (Ann.C-7 Page 40) as suspended the operation to and fro Kochi airport only from 15.8.2018 t0 18.8.2018.  The Airline Operations over the Kochi International Airport remained further suspended only till 29.8.2018 (Ref. News Clipping Ann.C-8 Page 42).

 

10]      It is clear that as on date of travel from Delhi to Kochi i.e. 15.9.2018 the airport at Kochi was in full operation. The complainant seems to have cancelled his tour due to his own personal reasons, which ipso-facto is not sufficient enough to claim refund of whole booking amount of air-tickets.  The Invoice dated 22.6.2018 – Itinerary of air-tickets clearly having endorsement – Note “Refund as per fare rules”, which clearly stipulates deductions of INR 3000/- or base fare plus fuel surcharge whichever is less on cancellation upto 2 hours before scheduled departure.  The complainant is bound by the terms & conditions of the airline regarding booking and cancellation of air-tickets.

 

11]      Keeping into consideration the facts & circumstances, as emanates in this matter and discussed above, the claim of the complainant for refund of air-ticket cancellation charges of Rs.36,000/- is untenable and as such, the complaint being without merit is hereby dismissed.  No order as to costs.

          Certified copy of this order be sent to the parties, as per rules.

Announced

11^th July, 2019                                                              

Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER