Punjab

Patiala

CC/21/89

Gurdial Singh Tiwana & Anr - Complainant(s)

Versus

Jet Airways India Ltd - Opp.Party(s)

Sh.Labh Singh Sandhu

22 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/89/2021
Date of Institution	:	22.3.2021
Date of Decision	:	22.3.2023

 

1. Gurdial Singh Tiwana aged about 73 years son of Sh.Surjan Singh.
2. Baljinder Kaur Tiwana aged about 70 years wife of Sh.Gurdial Singh Tiwana.

Both residents of House No.57, Green Lehal Colony, Patiala.

 

                                                                   …………...Complainants

                                      Versus

1. Jet Airways (India) Ltd.,Siroya Centre, Sahar Airport Road, Andheri East (Mumbai)-400099 through its Authorized Signatory.
2. Johal Air Travel Services Private Limited, Opp. Bus Stand, Flyover Side, Patiala through its Authorized Signatory.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.L.S.Sandhu, counsel for complainants.

                             Opposite Party No.1 ex-parte.

         

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Gurdial Singh Tiwana and his wife Smt.Baljinder Kaur Tiwana (hereinafter referred to as the complainant) against Jet Airways and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That on 13.3.2019 complainants had to go abroad at Edmonton (Canada).For getting the air tickets booked they approached OP No.2 who booked the tickets on 5.3.2019 and 8.3.2019 respectivelyand charged Rs.90,000/-(Rs.45000/- for one person) for onwards journey and Rs.97000/- (Rs.48500/-each) was charged for return journey.

Out of the said tickets, air ticket from Delhi to Toronto for 13.3.2019 and from Toronto to Delhi was booked by OP No.2 with Jet Airways i.e. OP No.1. Onwards journey dated 13.3.2019 of the complainants remained successful but at the time of return journey on 20.4.2019, they were shocked to know that flight of OP No.1 from Toronto to Delhi was cancelled. No prior intimation in this regard wasgiven by the OPs. No alternative arrangements for the return journey of the complainant were made by the OPs. Under compelled circumstances, complainants were forced to book another air tickets from Edmonton (Canada) to Delhi via Vancouver (Canada), Taipei (Taiwan) through China Airline, for 26.4.2019and had to incur expenses of Rs.1,05,400/-( Rs.52700/- each). After reaching India, complainants approached OP No.2 for the refund of Rs.97,000/-,price of return ticket from Edmonton (Canada) to Delhi via Toronto but it put off the matter on one pretext or the other and OPs failed to refund the amount of Rs.97000/-.There is thus not only deficiency in service but also unfair trade practice on the part of the OPs which caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of the complaint.

3. Cognizance of the complaint was taken against OP No.1 only. Notice of the complaint was issued to it through registered post which has not been received back un-served nor OP No.1 appeared to contest the complaint. Accordingly, it was proceeded against ex-parte vide order dated 5.5.2022.
4. In evidence, ld. counsel for the complainant tendered Ex.CA, affidavit of the complainant alongwith documents Ex.C1 & Ex.C2 copies of passports of the complainants, Exs.C3 to C6, copies of payment receipts, Exs.C7 & C8, copies of online air tickets issued by OP No.2, Ex.C9 & C10, copies of air tickets,Exs.C11 to C14 payment receipts,Exs.C15 & C16, copies of letters written by OP No.1 to stock exchange regarding approval of resolution by NCLT and closed evidence.
5. We have heard ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. Admittedly, complainant No.1 had booked two air tickets from Delhi to Edmonton and back through OP No.2 for onward journey, for a consideration of Rs.45000/-each for himself  and for his wife vide Exs.C3 &C4 and Rs.48500/- each for return journey  vide Exs.C5 and C6. The onward journey from Delhi to Edmonton was to be performed on 13.3.2019 and return journey on 22.4.2019 , as per electronic tickets,Exs.C7 and C8.The journey for the tickets so provided by OP No.2 was to be covered through Jet Airways i.e. OP No.1.Tickets were confirmed by OPs No.1&2.The onward journey of the complainants from Delhi to Edmonton was successfull. However, on their return journey they came to know that all the flights being operated by OP No.1 have been cancelled due to which complainants were left with no other alternative but to arrange for the return journey from their own pocket as the OPs failed to make any arrangements for their return journey. Complainants travelled back on 26.4.2019 for which they again made arrangement with OP No.2 who arranged electronic tickets for the same which are Exs.C9 and C10 for payment of Rs.52700/-each against receipts,Exs.C11 to C14.Complainant then requested for the refund of Rs.97000/- which was paid to Op No.2 at the time of booking of return journey in the first instance. OP No.2 assured the complainants  that matter for the refund has been taken with OP No.1 and as and when the refund is received the same will be paid to the complainants. The complainants have also brought on record, copies of letters written by OP No.1 to National Stock Exchange India Limited, which are Exs.C15 &C16 regarding the approval of resolution by NCLT as the company had declared itself insolvent.
7. From the evidence brought on record by the complainants, it is clear that they booked tickets for  the journey from Delhi to Edmonton and back. The return journey which was to be performed through Jet Airways , being operated by OP No.1 could not materialize as the said airline was declared bankrupt. However, complainants have incurred an expenditure of Rs.97000/- at the time of booking of tickets for return journey which was confirmed  and was to be performed through airline of OP No.1.However, due to unforeseen circumstances and OP No.1 being declared bankrupt , all operations of OP No.1 were cancelled and no flights could be operated on 22.4.2019, thereby forcing the complainants to avail the services of some other airline for performing return journey.
8. As such, we find it a fit case for the refund of the amount so deposited by the complainant for performance of return journey .The complaint is accordingly partly allowed and we direct OP No.1 as follows:

To refund the entire amount of Rs.97000/- to the complainants alongwith interest @6% per annum from the date of booking i.e. 8.3.2019 till realization, within 30 days from the date of receipt of certified copy of this order, failing which it shall pay interest @9% per annum on the said amount till realization.

To pay Rs.10,000/-as compensation for causing mental agony and harassment to the complainants within the prescribed period.

9. The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President