BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 18^th DAY OF JULY 2024

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complaint filed U/S 35 of Consumer Protection Act 2019, complainant seeking direction towards OP for refund of Rs.13,217/- (Rs.7,960/- + Rs.5,257/-) which is the difference in the price of flight tickets on 21.11.2023(booking date) and 04.01.2024 (1^st contact with Indigo) from the OP.

2. Brief facts of this case are as follows:-

The complainant had booked 6 airline tickets through Indigo Airlines on November 2023. First with PNROTLVMJ, tickets for 3 passengers from Bengaluru to Jaisalmer via Delhi on 21.11.2023 and paid an amount of Rs.37,607/-. Second with PNRQ39RQX, tickets for 3 passengers from Jaisalmer to Jaipur on 21.11.2023 and paid an amount of Rs.19,580/- (including seat charges and convenience fees).

3. On 04.01.2024, the complainant noticed that the prices of all the flights have reduced for the same date of travel. Prices changes are as on 04.01.2024 Bengaluru to Jaisalmer is an amount of Rs.26,940/- and Jaisalmer to Jaipur an amount of Rs.13,743/-. On contacting OP dated 04.01.2024 through E-mail to customer care, a response was received on 05.01.2024, referring to a link to OPs condition of carriage on their website but that link didn’t open for perused. After unsatisfactory response from OP, complainant replied to OP on 05.01.2024 stating that the link shared by OP cannot be viewed by the complainant. The complainant find description of any fare changes on their website, FAQs and T&C which is part of PNR confirmation mail. Post that no response was received from OP.

4. On no response from OP, the complainant reached out to National Consumer Helpline and raised a complaint with reference No.5461984 on 10.02.2024. The complainant received the same response from OP on 11.02.2024 when earlier responses from OP was not satisfactory, the complainant raised complaint through Airsewa app with ID: FM657056 on 10.02.2024. The complainant tried and helpless on no proper response from the OP, left with no other option had to file complaint against OP. Hence this complaint.

5. On issue of notice to OP, OP fails to appear before this commission and hence place Ex-parte. Complainant files her affidavit evidence along with 10 documents marked as Ex.P.1 to Ex.P.10. Complaint files written arguments.

6. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OP’s?

ii) Whether complainant is entitled for the relief?

iii) What order?

7.  Our answers to the above points are as follows:-

Point No.1:-Affirmative.

Point No.2:-Partly Affirmative.

Point No.3:- As per the final order.

REASONS

8. Point No.1&2:-These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

9. On perusal of the documents submitted by the complainant, Ex.P.2 which is an invoice copy of air tickets issued by the OP to the complainant from Bengaluru to Jaisalmer dated 21.11.2023, for an amount of  Rs.37,607/- and air tickets from Jaisalmer to Jaipur for an amount of Rs.19,580/-. Ex.P.3 is a copy of screenshots from the internet dated 15.01.2024, showing the change in the prices i.e., Rs.25,785/- for Bengaluru to Jaisalmer and Rs.13,158/- from Jaisalmer to Jaipur. Looking into the above documents it is true that the complainant has booked tickets with the OP for an amount of Rs.37,607/- and Rs.19,580/- from Bengaluru to Jaisalmer and from Jaisalmer to Jaipur and it is also true that cost of the tickets for the same online is Rs.25,785/- and Rs.13,158/- respectively. Ex.P.4 is a copy of mail from the complainant to the OP dated 04.01.2024 stating for the refund of the difference amount by the OP. Ex.P.5 is the reply mail of OP to the complainant, where the OP rejects the refund request of the complainant. Ex.P.7 is the response on National Consumer Helpline complaint. Ex.P.8 is an Air sewa complaint by the complainant.  The OP has failed to appear before this commission, hence placed Ex-parte.

10. On perusal of the above documents, it is true that the prices of the tickets are varied from the one which the complainant has paid to the one which is online, issued by the OP. The OP has shown different rates for the same flight, for the same time and same date, this shows Unfair Trade Practice by OP. Further the OP has failed to respond properly to the complainant and has shown deficiency in service. The complainant has paid more for the same tickets issued by the same company(i.e. OP) of the same flight. Though the complainant requested for the refund of the said difference amount, the OP has not responded properly to the request. Therefore the OP has shown deficiency in service and Unfair Trade Practice and is liable to refund the difference amount of Rs.13,217/-. OP is further directed to pay compensation of Rs.10,000/- and Rs.5,000/- towards litigation charges. Hence on the above reasons we answer Point No.1&2 accordingly.

11. Point No.3:-In view of the discussion referred above, we proceed to pass the following:-

ORDER

1. Complaint filed by the complainant U/S 35 of Consumer Protection Act, is hereby allowed in part.
2.  OP is directed to refund the difference amount of Rs.13,217/- with interest of 6% p.a. from the date of booking i.e. 21.11.2024 till realization.
3. OP is further directed to pay an amount of Rs.10,000/- towards compensation and Rs.5,000/- towards litigation.
4. OP is directed to comply the order within 45 days from the date of order failing which shall pay an interest of 8% p.a. on the entire Award amount till realization.

5. Furnish the copies of the order and return the extra copies of pleadings and documents to the parties, with no cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 18^th day of July 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1&2;

NIL