Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 34
Instituted on : 24.01.2018
Decided on : 14.11.2024
1. Rashi Kapoor wife of Sh. Sachin Kapoor.
2.Sagarika Kapoor minor daughter of Sh. Sachinkapoor
3.Samyak Kapoor minor son of Sh. Sachinkapoor
4.Mohini Kapoor wife of Sh.N.C.Kapoor, minors through their father Sh. Sachinkapoor and all complainants Through their family Manager Mr. HarenderDahiya Manager (HRD)-M/s A.K. Automatics, Hisar Road, Rohtak.
..............Complainants.
Vs.
- Make My Trip India Pvt. Ltd. 243 SP Infocity, UdyogVihar, Phase-I, Gurgaon, Haryana-122016 Through its M.D/Manager.
New address :
Make My Trip India Pvt. Ltd.
DLF Building no.5 Tower B
DLF Cyber city DLF Phase 2 Sector 25 Gurgaon,
Haryana-122002 Through its M.D/ Manager
- Go AIR(airlines-head-office)GO AIRLINES (INDIA) Limited
1st floor,C-1 Wadia International Centre (WIC), PandurangBudhkar Marg,Worli,Mumbai-400025.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Shri G.K.Lalit, Advocate for the complainant.
Shri Gaurav Arya, Advocate for the opposite party No.1.
Sh.Naresh Kumar Advocate for opposite party No.2.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainants are that in the month of October 2016 they approached to respondent no. 1 and booked 4 tickets from Goa to Chandigarh vide booking PNR-40PYAW and PNR-W2ANL3 and the requisite amount was paid. At that time, the ticket of complainant no. 3 was cancelled because of some personal family reasons. As per the said tour packages, when the complainants reached the airport on 27/10/2016 and approached the office of GO-AIR, they were told that the flight from GOA to Chandigarh has been cancelled. Rather the staff of the concerned airline GO-AIR misbehaved with the complainants and insulted them despite of solving their problem. Complainants under the perforce circumstances purchased fresh tickets from Vistara Airlines vide PNR no. 6P4XWJ/6PWB92 and 6P6344 from Goa to New Delhi as there was no direct flight from Goa to Chandigarh at that time. They also booked a hotel to stay at Delhi which cost them Rs.9941.62 (HOTEL LEMON TREE). The complainant have to spent unnecessary expenses on account of the following: a) Cost of three air tickets fromGoa to Delhi=Rs.36,000/-,
b) Cost of three air tickets from Delhi to Chandigarh=Rs.11,000/-.
c)Cost of hotel stay at Delhi=Rs.9941.62.
The complainants approached the respondents many a times for refund of the entire amount paid by complainants for the said package but after repeated mails and reminders, the respondents refunded an amount of Rs.30,951/- out of total amount of Rs.47,100/- . Thus a difference of Rs.16,149/- in addition to Rs.9,941/- on account of hotel charges were not paid by respondents. Due to the negligent act and conduct of respondents, complainants could not enjoy the entire trip. The act and conduct of the respondents clearly shows deficiency in services on their part. Hence this complaint and it is prayed that the respondents may kindly be directed to disburse the amount of Rs.26,090/-along with interest @18% per annum w.e.f. October 2016 till its actual realization, along with Rs.11000/- as litigation expense and Rs.51,000/- on account of damages and harassment suffered by complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No.1in its reply has submitted that complainants themselves have admitted the fact that the opposite party No.1 has duly issued the confirmed tickets to the complainant for which the complainants availed the services of the answering opposite party.Afterthe issuance of the confirmed ticketsthe answering opposite party is discharged from its duties and obligations qua the complainants. However, it is submitted that the office of the Director General of Civil Aviation, issued guidelines dated 22.05.2008, whereby it has directed the airlines to compensate the customers. In the present case, concerned airlines is liable to compensate the complainants for the cancelling of the flight bookings, hence the answering opposite party shall not be liable for the same. In case of any other technical fault, lapse, change in prices, sell-outs, cancellation, postpones or error in confirming bookings, the Airlines are liable to compensate the complainants for the same. In the present case, the opposite party has duly refunded the booking amount as received from the concerned Airlines i.e. opposite party No. 2, as admitted by the complainants themselves and hence there is no deficiency in service on the part of opposite party No.1 and dismissal of complaint has been sought.
3. Opposite party No.2 in its reply has submitted that the complainant's grievance raised vide email dated 12th November 2016, was duly addressed by the opposite Party No.2 vide its reply dated 14th November and 25th November 2016 and as per the request of complainant the refund was processed.It is therefore stated that the contention raised by the complainant is already been addressed and detailed clarification was provided to the complainant.It is further submitted that as per the rules laid down by DGCA, if the flights are delayed or cancelled,the airlines offers the complainant either the alternate flight or refund the booking amount as per the passenger’s request. On 27.10.2016 the said flight no.G8-378 which was scheduled to at 13:05hrs, the flight was delayed due to runway issues and delay in clearance by ATC which was beyond the control of the opposite party. Opposite Party No.2 had offered the complainant with alternate flight option along with the hotel accommodation which was refused by the complainant due to their onward flight. So,there is no negligence, fraud on its part and therefore, opposite party No.2 is not responsible for any alleged loss as claimed by the complainant. Opposite Party No. 2 is not liable to pay any money as claimed by the complainant. There is no deficiency in service on the part of opposite party No.2 and dismissal of complaint has been sought.
3. Both the parties led evidence in support of their case. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C5 and closed his evidence on dated 17.03.2020. Ld. Counsel for the opposite party No.1 has tendered affidavit Ex.RW1/A, documents Ex.R1/1 to Ex.R1/5 and closed his evidence on dated 19.10.2020. Ld. Counsel for the opposite party No.2 has tendered affidavit Ex.R2/A, documents Ex.RW2/1 and closed his evidence on dated 16.04.2021.
4. We have heard ld. counsel for the parties and have gone through the material aspect of the case as well as the written arguments filed by the opposite party No.1 very carefully.
5. Through this complaint the complainant has demanded an amount of Rs.36,000/- on account of cost of three air tickets which were cancelled by the opposite parties, cost of threeairtickets fromDelhito Chandigarh Rs.11,000/- and cost of hotel stay at Delhi Rs.9941.62/- total Rs.47,100/-. The grievance of complainant is that their flight from Goa to Chandigarh was cancelled by the opposite parties without any valid reason. The complainants under the compelling circumstances had to purchase fresh tickets from Vistara Airlines vide PNR no. 6P4XWJ/6PWB92 and 6P6344 from Goa to New Delhi as there was no direct flight from Goa to Chandigarh at that time. They also booked a hotel to stay at Delhi which cost them Rs.9941.62. It is further contended that after great persuasion, the respondents have refunded an amount of Rs.30,951/- out of total amount of Rs.47,100/- . Hence the complainant has prayed for refund of remaining amount of Rs.26090/- from the opposite parties. On the other hand, contention of opposite party No.1 is that in case of any request for modification or rescheduling of the bookings by the complainants, the same shall be forwarded to the concerned Airlines, and the concerned Airlines refund or reschedule the bookings in lieu of charges duly agreed upon at the time of making the bookings. As per guidelines of the Director General of Civil Aviation, dated 22.05.2008, it is directed that in case of any technical fault, lapse, change in prices, sell-outs, cancellation, postpones or error in confirming bookings, the Airlines are liable to compensate the customers. In the present case, concerned airlines is liable to compensate the complainants for the cancelling of the flight bookings, hence the answering opposite party shall not be liable for the same. The opposite party has duly refunded the booking amount as received from the concerned Airlines i.e. opposite party No. 2 and opposite party has no further liability.
6. On the other hand, opposite party no.2 has submitted that as per the rules laid down by DGCA, if the flights are delayed or cancelled,the airlines offers the complainant either the alternate flight or refund the booking amount as per the passenger’s request. Opposite Party No.2 had offered the complainant with alternate flight option along with the hotel accommodation which was refused by the complainant due to their onward flight. So,there is no negligence, fraud on its part and therefore opposite party No.2 is not responsible for any alleged loss as claimed by the complainant.
7. We have perused the documents placed on record by both the parties. As per the facts mentioned in the written statement filed by opposite party no.2 under the head Flight Cancellation/Re-scheduling, it is submitted that : “In case of circumstances beyond GoAir’s control(including, without limitation, meteorological conditions, mechanical failures, act of nature, force majure, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances, government regulations, orders, demands or requirements, shortage of labour, fuel or facilities, or labour, fuel or facilities or labour difficulties of GoAir or others all actual,(threatened or reported), GoAir may cancel or re-schedule a flight without notice”. It is also observed that as per the rules laid down by DGCA, if the flights are delayed or cancelled,the airlines offers the complainant either the alternate flight or refund the booking amount as per the passenger’s request. As per the opposite Party No.2, they had offered the complainant with alternate flight option along with the hotel accommodation which was refused by the complainant due to their onward flight. In this regard we have observed that firstly the cancellation of booking was not due to any of the above said reasonsmentioned under ‘Flight Cancellation/Re-scheduling’. Moreover there was no direct flight from Goa to Chandigarh and complainants under compelling circumstances had to book another flight from Delhi to Chandigarh and spent Rs.11000/- on the same and also booked a hotel to stay at Delhi and spent an amount of Rs.9941.62/-. In this way they had spent Rs.20941.62/- in excess due to cancellation of flight by the opposite party no.2 beside the harassment and mental agony suffered by the complainant due to cancellation of flights. Hence there is deficiency in service on the part of opposite party No.2 and opposite party no.2 is liable to compensate the complainant. We have also observed that complainant had spent an amount of Rs.36000/- on account of booking of tickets from Goa to Chandigarh but the opposite parties have refunded only the amount of Rs.30951/-. In this regard it is observed that as per the reply filed by opposite party No.2, booking amount was credited in the agents account from where the complainant had made the booking. The complainant had made the booking from opposite party no.1, hence the opposite party no.1 was liable to refund the full amount but it had refunded only Rs.30951/- to the complainant and has withheld the amount of Rs.5049/-. Hence opposite party no.1 is also liable to refund the alleged amount.
8. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no.1 to refund the amount of Rs.5049/- (Rupees five thousand and forty nine only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 24.01.2018 till its realization. Opposite party No.2 is directed to pay the amount of Rs.20941.62/-(Rupees twenty thousand nine hundred and forty one and paise sixty two only) as explained above, alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 24.01.2018 till its realization. Opposite party No.2 is further directed to pay Rs.5000/-(Rupees five thousand only) as compensation on account of mental agony & harassment and opposite party No.2 to pay Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
9. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
10. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
14.11.2024
........................................................
Nagender Singh Kadian, President
..........................................
TriptiPannu, Member.
……………………………….
Vijender Singh, Member
