Punjab

Sangrur

RBT/CC/18/319

Suresh Gupta - Complainant(s)

Versus

Indigo Central Wing - Opp.Party(s)

Sh Rakesh Malhotra

21 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                               Complaint No.  RBT/CC/319/2018

   Instituted on:    08.08.2018

                                                               Decided on:     21.09.2022

1. Suresh Gupta wife of Shri Surinder Gupta, aged 61 years;

2. Mrs. Ashima Gupta, aged 40 years W/o Sh. Vaneet Gupta, both residents of H.No.7, Dhillon Colony, Near Mohindra College, Patiala.

                                                          …. Complainant.     

                                                 Versus

1.     Indigo, Central Wing Ground Floor, Thapar House, 124, Janpath, New Delhi-110001 through its Manager.

2.     Indigo, Level One Tower-C, Global Business Park, Mehroli, Gurgaon Road, Gurgaon 122002 (Haryana) through its Manager.

             ….Opposite parties

For complainant         : Shri Rakesh Malhotra, Adv.              

For OPs                    : Shri Joginder Singh Virk, Adv.

 

Quorum                                           

JOT NARANJAN SINGH GILL:    PRESIDENT

SARITA GARG                          :    MEMBER

 

ORDER

SARITA GARG, MEMBER.            

1.             Arguments through video conferencing heard. This complaint has been received by transfer from District Consumer Disputes Redressal Commission, Patiala in view of orders of Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh vide endorsement number 10226 of 26.11.2021.

2.             Complainants have approached this Forum/Commission alleging  inter-alia that complainants availed services of the OPs by getting booked two tickets from Delhi to Hyderabad on 10.3.2018 online for the journey to be performed for 29.3.2018 via flight number 6E-303 vide PNR ECJ 3RM and PNR 3GX and the flight timing was 6.50 AM to 9.05 AM. Further case is that the complainants also got booked return tickets from Hyderabad to Delhi on the same night i.e. 29.3.2018 by Spicejet Ltd.  The case of complainants is that on 28.3.2018 they  hired a taxi from Patiala to Delhi airport @ Rs.4500/- for one side and started their journey on 28.3.2018 at about 10 PM from Patiala to Delhi Airport. The grievance of complainants is that when they reached Delhi airport on 29.3.2018 at about 5.00 AM they came to know that the said flight has been cancelled, but no such prior information was given to the complainants. Though the complainants requested the OPs to provide alternate flight to the complainants but of no avail,  as such the complainants came back to Patiala by taxi and spent an mount of Rs.5000/- and suffered heavily in the hands of the OPs. Though the complainants spent heavy amount on the air tickets as well as on the taxi, they requested the OPs to refund the same, but all in vain. Thus, alleging deficiency in service on the part of the Ops, the complainants have prayed that the Ops be directed to refund the cost of air tickets i.e. Rs.6565/-, an amount of Rs.9500/- spent on taxi and further claimed compensation and litigation expenses.

3.             In reply filed by OPs, preliminary objections are taken up on the grounds that the complainants have no jurisdiction to file the complaint and that the complainants have no locus standi to file the present complaint and that prior to the cancellation of flight the complainants were duly intimated and that the complainants have already availed the refund of the amount of Rs.3679/- each and nothing is due towards the OPs. On merits, it is denied that the tickets were got booked for a sum of Rs.3587/- each. The booking of return tickets by the complainants have also been denied. The other allegations leveled in the complaint have also been denied.

4.             The parties produced their respective evidence and closed thereafter.

5.             The learned counsel for the complainants have contended vehemently that the complainants availed services of OPs by getting booked two tickets from Delhi to Hyderabad on 10.3.2018 online for the journey to be performed for 29.3.2018 via flight number 6E-303 vide PNR ECJ 3RM and PNR 3GX and the flight timing was 6.50 AM to 9.05 AM, copies of the tickets are on record as Ex.C-1 and Ex.C-2 by paying Rs.3587/- each to the OPs.  The learned counsel for complainants has further contended that they also got return tickets for the same date.  The learned counsel for the complainants has contended further that on 28.3.2018 they  hired a taxi from Patiala to Delhi airport @ Rs.4500/- for one side and started their journey on 28.3.2018 at about 10 PM from Patiala to Delhi Airport. The grievance of complainants is that when they reached Delhi airport on 29.3.2018 at about 5.00 AM they came to know that the said flight has been cancelled, but no such prior information was given to the complainants, as such, they returned by hiring another taxi from Delhi to Patiala and spent an amount of Rs.5000/-. Though the complainants spent heavy amount on the air tickets as well as on the taxi, they requested the OPs to refund the same, but OPs did not pay any heed to the genuine request of the complainants. Ex.C-7 is the copy of legal notice served upon the OPs on 18.4.2018 but no such reply to the legal notice was given by the OPs. On the other hand, the learned counsel for the OPs has contended that prior to the cancellation of flight the complainants were duly intimated and that the complainants have already availed the refund of the amount of Rs.3679/- each and nothing is due towards the OPs. The booking of return tickets by the complainants have been denied by the OPs.

6.             After hearing the arguments and perusal of the file it reveals that the complainants got booked two tickets for visiting from Patiala to Delhi and back thereof.  It is also not in dispute that the flight by which the complainant had to fly from Delhi to Hyderabad was cancelled on the same day i.e. 29.3.2018, but no such prior intimation was given to the complainants.  Though the stand of the Ops is that the complainants were intimated prior to that, but we find that there is no such iota of evidence on record to prove this contention of the OPs.   Further Ex.OPw/5 which is copy of reply to the legal notice dated 31.5.2018 show a mention therein that the OPs were ready to refund the amount of Rs.3679/- of each of the complainants, but no such document showing refund of the said amount to each of the complainants is there on record.  Since in the present case, the flight has been cancelled by the OPs, but the complainants were never intimated about this development, as such, we find it to be a case of clear cut deficiency in service on the part of the OPs and the OPs are duty bound to refund the so deposited amount for purchase of the air tickets.

7.             In view of our above discussion, we allow the complaint and direct OPs to refund/pay to the complainants an amount of Rs.3587/- each alongwith interest @ 7% per annum from the date of filing of the present complaint till its realization in full. We also direct OPs to pay to the complainants an amount of Rs.9500/- spent by them as taxi charges from Patiala to Delhi airport and back thereto. We further direct OPs to pay to the complainants an amount of Rs.5000/- as compensation and further an amount of Rs.5000/- as litigation expenses. Compliance of the order be made within the period of 60 days from the date of the receipt of copy of this order.

8.             This complaint could not be decided within stipulated period due to heavy pendency of cases.

9.             Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.

                                Pronounced.

 

                                September 21, 2022.