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

DATED 07^th DAY OF MARCH 2023

ORDER

SMT. SUMA ANIL KUMAR, MEMBER

1. The  complainant  has filed this complaint under section 35 of C.P. Act, 2019 against the Opposite parties  for the reliefs

1. To Direct the OPs to refund a sum of Rs.26,711/- which includes initial booking cost of Rs.7,403/- plus the said new booking of Rs.19,308/- to the complainant along with interest at 18% p.a. from the date of said payments,
2. To Direct the OPs to pay a sum of Rs.5,00,000/- as compensation to the complainant for the said negligence, deficiency of service and unfair trade practice including breach of privacy and confidentiality, also poor and indifferent attitude towards customers, and causing severe mental agony, inconvenience and stress to the complainant and grant the cost of these proceedings.

2.  The brief facts of the case of the  complaints are as under:

The complainant  has filed this complaint stating that the complainant has booked tickets on 04.12.2018 to travel on 13.04.2019 from Bengaluru to Mumbai at 7.00AM onboard flight No.6E-424 and thereafter from Mumbai to Amritsar on board Indigo flight no.6E453 which is run by OP-2 i.e. Inter Globe Aviation Ltd., The booking of the said flights were made by the complainant on online travel agent i.e. Make My Trip Pvt. Ltd.,  for which he paid a sum of Rs.7,403/- towards booking bearing PNR No.TN6H9B with Trip ID-NF22695153099089, and an e-ticket was generated. The complainant had an important meeting  at Amristar at Taj Hotel, which was prior booked by the complainant and along with the business meeting he had also planned a vacation with his daughter, son-in-law and grandson who were arriving from U.K. only for the vacation which was pre-planned six month ahead along with booking of International flights, accommodation in 5 start hotel, taxi, local air fare in India all together amounted to our a sum of Rs.9,00,000/-.  The complainant submits that  about 09 emails from 06.04.2019 to 12.04.2019 from OP-2 intimating the change of flight timings and revised tickets where sent through email. As per the revised tickets the complainant reached the airport intime i.e. around 5.30AM on 13.04.2019, but to his surprise, he was informed that his tickets were cancelled and though the complainant tried hard to convince the OPs that he had not cancelled the ticket and this needs to be verified, but  his efforts went in vain. So left with no choice he had to book fresh tickets with the next available direct flight No.6E 447, bearing ticket reference No.QIV4JD on 13.04.2019 from Bengaluru to Amrithsar at a cost of Rs.19,308/- for no fault of his, as his trip vacation trip was planned  with his family well in advance.

3. The complainant further states that on several requests and attempts he could collect the information about the cancellation of the ticket from the OPs, who says on 05.04.2019 the cancellation of ticket was done from IP address:103.212.20.243 and late on through the email received by the complainant from the  OP on 18.04.2019 says that the cancellation is done by the IP address 106.51.18.128 and service request is marked as closed. On their difference in IP numbers given by the OP, the complainant sent email reply to OP on 19.04.2019 for investigation on the ticket cancellation. Later even after  repeated attempts, the OP gave evasive replies and tried to avoid any communication with the complainant. Under these circumstances, the complainant has filed this complaint on 23.12.2020 seeking to refund of the cancelled air ticket charges  and such other reliefs.

4. After issue of notice to OPs, OPs appeared before this commission through their counsels and filed their respective version. 

5. In the version of OP-1, the OP-1 admits to the fact that the complainant had booked tickets well in advance i.e.04.12.2018 through them, the booking ID NF 22695153099089, PNR No.TN6H9B for date 13.04.2019 and paid amount of Rs.7,403/-. When the complainant reached the airport he was informed about the cancellation of flight, on which he booked another ticket on spot for Amritsar directly at the cost of Rs.19,308/- left with no option. The OP-1 also admits that the cancellation of flight ticket which was done directly from website of OP-2 and OP2 have duly processed the cancellation and refunded amount of Rs.3,579/- to the complainant after duly deducting the penalties of Rs.3,000/- towards cancellation and same day credited to the account of the complainant i.e. on 15.04.2019.

6. The OP-1 further says that they  had made the enquiry on the cancellation of ticket and that the cancellation was done from the IP address 103.212.20.243 which did not belong to the complainant. The tickets were neither  cancelled by OP nor by the complainant, the tickets might have been cancelled by fraudsters. Hence, requested to the complainant to lodge a complaint with Cyber Crime police. The OP-1 further says that he has done his duty of informing the complainant about the reschedule of the flights and in no manner are liable for the refund and other reliefs claimed by the complainant.

7. In the version of OP-2 i.e. Inter Globe Aviation, OP-2 admits to the fact  that the complainant had booked tickets in its company through OP-1 online for the date as mentioned above and changes  in the schedule of said flights was also informed to the complainant  via SMS and Email which were reschedule due to operational reasons. The said changes were made 05 times by OP2 and had informed 05 times to the complainant.

8. OP-2 further agrees to the fact that  the booking under PNR No.TN6H9B was cancelled on 12.04.2019, was cancelled by or on behalf of the complainant from Inter Globe Aviation Ltd. official Website (www.goindigo.in) from IP address 103.212.20.243. OP2 also mentions that in order to access  a booking on the official website of InterGlobe Aviation Ltd. www.goindio.in. certain confidential and critical travel details are required, which are known only to the passengers in the booking, his/her third party travel agent or other person authorized by the passenger or third party travel agent to make/modify the booking. In terms of Indigo coc, InterGlobe Aivation Ltd on 12.04.2019 duly processed the refund of Rs.3,879/- after deducting the applicable cancellation fee of Rs.3,000/-  in the account from which the booking amount was originally paid i.e. the account of OP-1.

9. OP-2 submits that booking made with Inter Globe Aviation Ltd. are governed by the Indio Coc which have been formed in compliance air charge related to laws and rules, which form a binding contract with the complainant and Inter Globe Aviation for the purpose of booking since, same were duly made available to the complainant and accepted by or on behalf of the complainant before the booking could be processed and confirmed according to clause title “Changes and Cancellation” and schedule, delay and/or cancellation of flights.

10. The complainant in order to substantiate his case has filed his affidavit evidence along with document marked as Ex.A1 to A11. OP-1 & OP2 filed the affidavit evidence and OP-2 produced documents marked As Ex.B1 to B15. .

11. Both the complainant and  OPs have submitted their written arguments. Perused documents.

12.    The following points do arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

13. Our answer to the above points are as under:

       Point No.1:- Affirmative

      Point No.2:- Affirmative in part.

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

REASONS

14. Point Nos.1 and 2:. These two points are interrelated and hence they have  taken up for common discussion.

15. The contents of the complaint and version of the OPs are briefly stated. It is clear from the copy of the tickets produced by the complainant that he had booked Air tickets well in advance from Bengaluru to Mumbai and Mumbai to Amritsar for 13.04.2019 and the complainant had also booked his 5 star hotel stay, travel etc. for his well planned meeting cum trip with his daughter, son-in-law and grandson, who had booked international flights well in advance for the same trip to be joined with complainant for an amount of Rs.7,403/- and above Rs.9,00,000/- respectively. Both the OPs admits to the fact of the booking of the tickets was done is true. The OP-1 denies the claim as he is only an agent, is bridge between the complainant and OP2 and has played his role well by booking informing the details of the flight regularly for the complainant, but OP-1 is a service provider to the complainant and the complainant while booking tickets online has  paid a conveyance fee to the online booking platform i.e. OP1 and the safety of the financial information and ticketing details are to be safeguarded  by the OP1 who has been trusted by the complainant.

16. OP-2 has duly processed the  cancellation of the tickets on 12.04.2019 and refunded the amount of Rs.3,879/- after deducting the applicable cancellation fee of Rs.3,000/- as per the law and rules of the contract between the complainant and Inter Globe Aviation for purpose of booking, according to clause title “Changes and cancellation”. The said cancellation is done from the official website(www.goindigo.co) from the IP address 103.212.20.243, where certain confidential details are required for cancellation. Both the OPs agree to the fact that the cancellation of the air ticket is done by same web anonymous IP No.103.212.20.243 and the cancellation is not done by the complainant. Here it is clear that the complainant has not made the cancellation and had to go through mental agony and also pay extra amount to reach intime to cope up with the well planned meeting and trip of his with his daughter, son-in-law and grand-son, who inturn had beared expenditure of above Rs.9,00,000/-  to travel across in international flight for the trip planned and organized by them. The OPs are jointly responsible for the safety and security of the consumers financial information and ticketing details and complainant while booking his tickets believes that his booking information  is in safe hands. Therefore, OP-1 & 2 are jointly liable for amount of deficiency of service and are jointly liable for the amount of Rs.26,711/- along with interest at 10% p.a.  from the date of complaint  and Rs.10,000/- for mental agony and Rs.10,000/- towards   litigation expenses. Hence, we answer point no.1 in affirmative and  Point no.2 partly in affirmative.  

17. Point no.3:-.  In view of the above discussions referred above, we proceed to  pass the following  

O R D E R

1. The complaint is allowed in part.
2. The OP-1 & 2 are directed  jointly and severally refund of Rs.26,711/- along with 10% p.a. interest  from the date of complaint  till realization of the amount to the complainant.
3. The OP-1&2 are further directed to pay compensation of Rs.10,000/- towards compensation and Rs.10,000/- towards litigation expenses.
4. The OP shall comply the order within 60 days from the date of order, failing which the OPs shall pay interest at 12% p.a. on Rs.26,711/- after expiry of 60 days.
5. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties.

• Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 07^th  day of March, 2023)

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

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

*SKA