Delhi

North

CC/52/2022

PANKAJ KUMAR - Complainant(s)

Versus

INDIGO AIRLINES - Opp.Party(s)

30 Jun 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

CC NO.52/2022

In the matter of

Mr. Pankaj Kumar         

S/O Sh. Vijay Kumar

3717-A, Kucha Mahtar Khan,

Mori Gate, Delhi-110006                                                                                                                                                                                               …Complainant

Versus

1. Indigo Airlines                                                              

Through its Manager

Departure Terminal- T3

I.G.I. Airport, New Delhi-01...Opposite Party

2. Punjab National Bank

Though it’s Bank Manager

55-56, First Floor,

Gokhle Market, Delhi-110054 ...Opposite Party

ORDER
30/06/2023

Ms.Harpreet Kaur Charya, Member

1. The present complaint has been filed by Sri Pankaj Kumar, the complainant against Indigo Airlines as OP-1 and Punjab National Bank as OP-2 with the allegations of deficiency in services.
2. Facts necessary for the disposal of the present complaint are that the complainant had booked a flight ticket with OP-1 under PNR no. YG794F vide Flight no. 6E2757 with travel date as 25-06-2020 from Delhi to Raipur. The complainant was asked to pay Rs.4,400/- on account of excess baggage. It has been stated that the complainant tried to make payment through BHIM App at Terminal 3, Delhi Airport, however it flashed “ Response Time Out”, thereafter at the request of the representative of the OP-1, the  complainant again paid Rs. 4,000/- through debit  card issued by OP-2. A message for successful transaction was received by complainant but the complainant noticed that the OP-1 had received the payment twice.  The representative of OP-1 assured that the complainant would receive the refund within 7 working days but despite assurance the said amount of Rs.4,400/- was not refunded to the account of the complainant.
3. The complainant requested for refund several times. In response to an email dated 19-07-2020, from his email id (
4. The complainant contacted OP-2, where he came to know that the refund was not received till 28-09-2020 promptly an email of even date was sent to      OP-1, which was replied vide email dated 02-10-2020 wherein the complainant was asked to share details such as PNR number etc. The complainant has alleged that despite the fact that the details were already available with OP-1 they asked for details again, which implied that  OP-1 indirectly refused to refund the payment and OP-2 also continued to harass the complainant by non-cooperating.
5. The complainant wrote an email on 11-09-2021 to OP-2 enquiring about the status of refund which was not replied. Feeling aggrieved by the act /omission on the part of OP-1 and OP-2 , the present complaint with the prayer for directions to OPs to refund an amount of Rs.4,400/- received in excess by  OP-1 ; Rs. 50,000/- as compensation on account of deprivation, harassment and mental agony and Rs. 20,000/- on account of litigation expenses.
6. The complainant has annexed the copy of the Aadhar card as Annexure A1, the printout of the ticket booked with OP1 and web check in as Annexure A2, copy of the message of successful transaction through UPI as Annexure A3 (colly) and copy of the message of successful transaction through debit as Annexure A4, email dated 19-07-2020, 21-07-2020, 07-08-2020,               26-08-2020, 11-09-2020, 15-09-2020, 18-09-2020, 28-09-2020, 02-10-2020 are Annexure A5 to Annexure A8 and email dated 11-09-2021 is Annexure A9 (colly).
7. Notice of the present complaint was issued to OP-1 and OP-2.
8. A letter dated 18-05-2022 was received by this commission on 24-05-2022 from OP-2 (Punjab National Bank, Gokhale Market) where they have stated that the savings account number 0613000101883780 was debited with amount of Rs. 4,400/- on 25-06-2020 for BHIM App transaction in favour of INDIGO Airlines. The transaction has shown ‘response timed out”, but the money has been remitted to beneficiary as per their server record. They have further submitted that as per email of OP-1 dated 18-09-2020, wherein it has been stated that the refund has been processed but neither the complainant’s saving account has been credited nor the bank has received the said credit in their pool/ sundry account in the said period.
9.  However, neither any written statement on behalf of OP-1 was filed within the statutory period as prescribed under the Consumer Protection Act, 2019 nor did they appear on subsequent dates. Hence, their right to file written statement was closed and they were proceeded ex-parte vide order dated      10-06-2022.
10. Thereafter ex parte evidence was filed on behalf of the complainant. The complainant has reiterated the contents of the complaint and has got exhibited the documents annexed with it. The Id proof of the complainant has been exhibited as Ex.CW-1/1. Copy of the ticket and boarding pass as exhibited as Ex.CW-1/2. The copy of message for transaction through BHIM app and through the debit card have been exhibited as Ex.CW-1/3 and Ex.CW-1/4 respectively. Email dated 19-07-2020 is exhibited as Ex.CW-1/5. The complainant has also relied on the emails exchanged from                             07-08-2020 to 11-09-2021 and has got them exhibited as Ex.CW-1/6 to Ex.CW-1/9. The complainant has also relied on the statement of account.
11. We have heard the submission made by Ld. Counsel for the complainant and have perused the material placed on record. The complainant is aggrieved by non refund of Rs. 4,400/- by OP-1 despite the fact that the OP-1 had received the said amount in excess. In support of this allegation, the complainant has annexed the copy of the receipt dated 25-06-2020 for the transaction amount of Rs. 4,400/- with ** RESPONSE TIMED OUT ** PLEASE CHECK STATUS (Ex.CW-1/3). Even the statement of account filed by the complainant reflects the debit entry of Rs. 4,400/- vide UPI/ NO transaction details / reference number has been shared by OP-1 with respect to the refund of Rs. 4,400/-. We have also gone through the passbook entries for the period 24-06-2020 to 18-06-2021, where no credit entry of Rs. 4,400/- is found and at the same time the OP-2 has also supported the claim of the complainant vide letter dated 18-05-2022.
12. Since, OP-1 has been proceeded ex-parte, the allegations made by the complainant have remained unrebuted. We find no reason to disbelieve the allegation of the complainant. The complainant has thereby successfully proved that OP-1 not only failed to refund Rs. 4,400/- despite several written requests but also failed to redress the grievance of the complainant, which definitely amounts to deficiency in service.

Therefore, in the facts and circumstances of the present complaint, we direct OP-1 to refund Rs. 4,400/-. We further award compensation of Rs. 5,000/- on account of mental agony and harassment, inclusive of litigation expenses. The order be complied within 30 days from the date of receipt of this order, in case of non compliance the amount of Rs. 9,400/- (Rs. 4,400/- + Rs. 5,000/-) shall carry an interest at the rate of 7% p.a. from the date of order till realization.

Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

                                   (Divya Jyoti Jaipuriar)

                                                           President