IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SONITPUR AT TEZPUR
District: Sonitpur
Present: Smti A. Devee
President,
District Consumer D.R Forum,
Sonitpur, Tezpur
Smt.S.Bora
Member(F)
District Consumer Disputes
Redressal Forum, Sonitpur
Sri P.Das
Member(Gen.)
District Consumer Disputes
Redressal Forum, Sonitpur
CONSUMER COMPLAINT NO.10/2019
1.Sri Runup Pandit, S/o Sri Utpal Pandit : Complainants
2.Sri Sajal Singh, S/o Sri Babul Singh
3.Md Shar Ali Sarkar,S/o Md. Akramuddin
All above are R/o of :
Bhairabnagar Tila, Ward No.15,
Tezpur,Dist:Sonitpur(Assam)784001
Vs.
1.Jet Airways(India) Ltd. : Opp party
Through the CEO, Jet Air House
13 Community Centre,Yusuf Sarai
New Delhi-110049
2. Khan Communication : Proforma Opp. party
Shimultapu,Gokultala-2
Kokrajhar,Assam-783361
CONSUMER COMPLAINT NO.10/2019
1.Sri Runup Pandit, S/o Sri Utpal Pandit : Complainants
Resident of Bhairabnagar Tila, Ward No.15,
Tezpur,Dist:Sonitpur(Assam)784001
2.Sri Biswajit Debnath,S/o Late Hari Sankar Debnath
Resident of Polo Field, Bamungaon
Tezpur- Dist:Sonitpur(Assam)784001
Vs.
1.Jet Airways(India) Ltd. : Opp party
Through the CEO, Jet Air House
13 Community Centre,Yusuf Sarai
New Delhi-110049
2. Softronic Services : Proforma Opp. party
A.H Road, Tezpur
Dist:Sonitpur,Assam-784001
Appearance:
Mr.Abhijit Kar, Adv : For the Complainants
None : For the Opp. party
None : For Proforma opp. party
Date of argument : 15-07-2019 & 18-07-19
Date of Judgment : 19-08-2019
JUDGMENT
By this consolidated judgment and order, we have taken both the C.C Cases No.9/19 and No.10/19 for disposal as facts and relief claimed in both the cases are apparently similar in nature.
Both the cases have been filed u/s 2 (1)(r) of the Consumer Protection Act alleging unfair trade practice by the opposite party No.1, Jet Airways.
Before writing judgment, we would like to note here that in both the cases and evidence on affidavit name of Complainant No.1 is typed as “Sri Runup Pandit” but he put his signature as “Ranup Pandit”. Therefore, in this judgment, the name of the Complainant No.1 is mentioned as “Runup @ Ranup” Pandit.
Facts of C.C No.9/2019:-
- The Complainants, who are inhabitant of Tezpur, Assam, purchased Air tickets of the opposite party No.1 from its authorized agent viz. ‘Khan Communication” situated at Shimultapu, Gokultala-2, Kokrajhar, Assam, vide PNR No No.NLDGFZ and Airline Booking Ref No.030989842476 to fly from New Delhi to Guwahati on 04-09-2018 in flight No.9W605. The total amount of airfare paid to the above agent of opp. party No.1 was Rs.17,972/- (Rupees Seventeen thousand nine hundred seventy two)only. The complainants were shocked to see that the fare of the flight for the route was shown Rs.3,588/-(Rupees Three thousand five hundred eighty eight)only but tax shown as Rs.2,391/-(Rupees Two thousand three hundred ninety one)only per passenger. According to the complainants, the flight ticket being of economic class, the maximum amount of tax that can be charged was 5% on Rs.3,588/- i.e., @ Rs.179.4 per head, total of which is Rs.538/-(Rupees Five hundred thirty eight) only and thereby the total airfare of the three complainants after addition of Rs.30/- as booking charges and Rs.5/- as IGST comes to Rs.11,336/- (Rupees
Eleven thousand three hundred thirty six) only. After reaching Delhi Airport, the Complainant No.1 Sri Runup Pandit raised the matter before the person manning the counter of opp. party No.1 and raised protest, but, to no avail. Thus, the instant complaint before the Forum alleging illegal and unjust realization of Rs.6,636/-/- (Rupees Six thousand six hundred thirty six)only by the opp. party No.1 and unfair trade practice to earn illegal gains on the part of the opp. party No.1.
2. The Complainants have prayed a total relief of Rs.12,636/- which includes Rs.6,636/- (Six thousand six hundred thirty six)only as the sum alleged to have been illegally realized in the name of Tax, Rs.5000/- as compensation for causing mental pain agony inconvenience etc., and Rs.1000/- as cost of litigation.
Facts of C.C No.10/19:-
3. The Complainants are inhabitants of Tezpur, Assam. It has been stated that on 9/3/2018 they purchased Air tickets of the opposite party No.1 from its authorized agent viz. Softtronic Services situated at Tezpur vide booking reference No.63B610 and Airline Booking Ref No.UYKZXD for flight No.9W607 to fly from New Delhi to Guwahati on 18-03-2018. The total amount of airfare paid to the above agent of opp. party No.1 was Rs.10,402/- (Rupees Ten thousand four hundred two)only. It took them by surprise to see that the fare of the flight for the route was shown as Rs.7,300/-(Rupees Seven thousand three hundred)only but tax shown as Rs.3,102/-(Rupees three thousand one hundred two) only. According to the complainants, in the instant case also, the flight ticket being of economic class, the maximum amount of tax that can be charged was 5% on Rs.7,300/- which is Rs.365/- (Rupees Three hundred sixty five)only and thereby the total comes to Rs.7,665/- (Rupees Seven thousand six hundred sixty five)only. After reaching Delhi Airport, the Complainant No.1 Sri Runup @ Ranup Pandit @ Ranup Pandit raised the matter before the person manning the counter of opp. party No.1 and raised protest, but, to no avail. Thus, the instant complaint before the Forum alleging illegal and unjust realization of Rs.3,102/- (Rupees Three thousand one hundred two)only by the opp. party No.1 and unfair trade practice to earn illegal gains on the part of the opp. party No.1, praying a total relief of Rs.8,737/- which includes Rs.2,737/- as the sum alleged to have been illegally realized in the name of Tax, Rs.5000/- as compensation for causing mental pain, agony,inconvenience etc., and Rs.1000/- as cost of litigation.
4. Despite service of notice upon the opposite party, the latter failed to submit any written version in both the cases.
5. To substantiate their claim, Complainants in both the cases examined Complainant No.1, Sri Runup @ Ranup Pandit only as witness who submitted his evidence on affidavit. Through him Complainants proved the following documents which are marked as -
Ext-1- E-Ticket of flight.
Ext-2- Extract copy from Wikipedia website regarding rate of GST.
Ext-3-Extract copy from Google website regarding impact of GST on Airfare.
6. We have carefully considered the entire materials available on record inclusive of the written arguments submitted by the complainants in both the cases.
7. Points to be determined in both the cases are-
- Whether the opposite party had collected tax at a higher rate ?
- Whether the Complainants are entitled to get relief/reliefs as prayed for?
8. Learned advocate Sri A.Kar for the Complainants, while forwarding argument has given emphasis on Ext-3. Under the rate of GST, the tax rate for economy class Flight ticket is only 5%. But the opposite party in both the cases without assigning any reason realized tax capriciously at a rate much higher than statutory rate of 5% of flight fare.
9. Keeping in mind what have been submitted by Mr. Kar, we have gone through the flight tickets marked as Ext-1 and Rate of GST marked Ext-3 in both the cases.
10. In C.C No.9/19, as per Ext-1, date of journey was 04-09-2018. Basic fare per passenger was Rs.3,588/-. Under the column “Taxes and Fees” opposite party Airways realized an amount of Rs.2,391/-(Rupees two thousand three hundred ninety one)only. The opposite party also realised an amount of Rs.30/- (Rupees thirty) only as Booking fee and Rs.5/-(Rupees Five) only as IGST.From the Ext-1, it is found abundantly clear that the opposite party had collected tax at the rate of 66.64%.
11. In C.C 10/19, as per Ext-1, date of journey was 09-3-2018. Basic fare was Rs.7,300/- (Seven thousand three hundred)only. On such basic fare, an amount of Rs.3,102/-(Rupees Three thousand one hundred two)only was collected as Tax. No other fee was collected. Ext-1 shows that the opposite party had collected tax at the rate of 42.49%.
12. The opposite party No.1, inspite of service of notice of this case with clear allegation of realization of unjust amount illegally in the name of tax, failed to submit any written version and preferred to have judgment and orders ex parte.
13. The Complainants, on the otherhand, by adducing oral and documentary evidence have established their case. Ext-3 is a computer generated document received through official website signed up with Google. Since there is no objection as to the genuineness of Ext-3, we have no hesitation to accept the same. Taking into view the tax rate as reflected in Ext-3, we have no reason to disagree with the submission made by advocate Mr A.Kar.
14. Consequently, Points No.(i) & (ii) are decided in favour of the Complainants. Thus, the Complainants are entitled to refund of the excess amount of tax realized by opp. party along with a lumpsum amount of Rs.1000/-(Rupees One thousand) only in each case towards cost of litigation and compensation for inconvenience and harassment etc.
Resultantly, Complainants are entitled to-
15. In respect of C.C No.09/19:
Tax realised against fare of Rs.10,764/- Rs.7,173/-
Actual tax to be realised (-) Rs. 538/-
(@ 5% on Rs.10,764/-) ___________
Excess tax realized……………….. Rs.6,635/-
Cost of litigation and…………… Rs.1,000/-
Compensation ___________________
Total Rs.7,635/-
16. In respect of C.C No.10/19:
Tax realised against fare of Rs.7,300/- Rs.3,102/-
Actual tax to be realised Rs. 365/-
(@ 5% on Rs.7,300/-) __________________
Excess tax realized………………… Rs.2,737/-
Cost of litigation and……………. Rs.1,000/-
Compensation _________________
Total Rs.3,737/-
17. The cumulative sum excessively realised in both the case being Rs.9,372/-(Rupees Nine thousand three hundred seventy two)only.
O R D E R
In the result, both the complaints are allowed. The opp. party is directed to pay Rs.11,372/-(i.e, Rs.9,372/- as tax realised excessively + Rs.2000/- as cost of litigation and compensation) as the composite sum awarded in both the cases, within a period of 30(thirty) days from the receipt of copy of the judgment and order. Default in any maner shall entail interest @6% p.a on the total composite sum w.e.f the date of complaint till realization in full.
Given under our hands and seal of this Forum this th day of August, 2019.
Dictated and corrected by:
Pronounced and delivered by :
(SMT.A. DEVEE)
President (SMT A. DEVEE)
District Consumer Disputes Redressal President Forum,Sonitpur,Tezpur District Consumer Disputes Redressal Forum
Sonitpur,Tezpur
We agree:- (Smti S.Bora) (Sri P.Das)
Member(F) Member(Gen)
