Chandigarh

DF-I

CC/184/2024

AMANPREET SINGH DHUPAR S/O AMARJIT SINGH - Complainant(s)

Versus

MAKE MY TRIP THROUGH ITS MANAGING DIRECTOR - Opp.Party(s)

NIRMAL SINGH JAGDEVA

03 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Amanpreet Singh Dhupar S/o Amarjit Singh Resident of H. No. 2144 Sector 38-C Chandigarh.

...Complainant

Versus

1.       Make My Trip through its Managing Director 9th Floor, Tower A, B & C, Epitome Building No 5, DLF Cyber City, Phase II, Gurugram 122 002, India.

2.       Go Airlines (India) Limited through its Managing Director, c/o, Britania Industries Limited, A-33, Lawrence Road Industrial area, New Delhi. 110035.

...Opposite Parties

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-
   1. It transpires from the averments as projected in the consumer complaint that on 30.4.2023  the complainant planned a trip from Chandigarh to Goa alongwith his family friends  and accordingly he booked air tickets Exhibit C-1 on payment of Rs.41993/- and the copy of tickets is annexed as Exhibit C-2 i.e. from 16.6.2023 to 24.6.2023.  However, all the flights of OP No.2 became in-operational in May 2023 due to reason best known to the OPs  and accordingly flights were cancelled from last week of May 2023. On 13.6.2023 the complainant made written request vide Exhibit C-3  for refund of air ticket amount of Rs.41993/-  but no refund was received by the complainant from OPs though OPs have assured that the refund request is under process. The complainant also received one email dated 14.6.2023 Exhibit C-4 through which the OPs had informed the complainant that the refund is under process.  Due to the cancellation of flights, the complainant was  compelled to take Satabdi Train from Chandigarh to Delhi  and to approach the airport, the complainant also took Delhi Metro in order to take the fight of Indigo airlines for which the complainants has spent extra money. The copy of Indgo air ticket is Exhibit C-5. On 9.1.2024 the complainant again sent message to the OPs seeking refund of the amount of the ticket  which was cancelled at the end of the OPs  and it was conveyed to the complainant that request is pending with the OP. The copy of screen shot of the message is Exhibit C-6. In this manner, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
   2. OP No.1 resisted the consumer complaint and filed its written version, inter alia, taking preliminary objections of  maintainability, cause of action  It is averred that the answering Opposite party is consumer centric company which is managed through online portal
   3. OP No.2  was properly served and when OP No.2 did not turn up before this Commission, despite proper service, it was proceeded against ex-parte on 30.5.2024.
   4. No rejoinder filed on behalf of complainant.
2. In order to prove their case, contesting parties have tendered/proved their evidence by way of respective affidavits and supporting documents
3. We have heard the learned counsel for the contesting parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the contesting parties that  the complainant booked the air ticket  of OP No.2 through OP No.1 from Chandigarh to Goa  and return from Goa to Chandigarh  and due to cancellation of flight  the complainant sought refund of Rs.41993/- from the OPs which has not been refunded by the OPs till date, the case is reduced to a narrow compass as it is to be determined if  there is deficiency of service on the part of the OPs  and  the complainant is entitled for the relief as prayed for or if the OP No.2 which has already been declared bankrupt/insolvent  by the NCLT under Section 30(6)  read with section 31 of the Insolvency and Bankruptcy Code 2016  and the OP No.2 has already  submitted the claim of the complainant and other customers for refund of the ticket amount with the Insolvency Resolution Professional (IRP), and it has no role to play  and the complaint of the complainant against the OPs being false and frivolous is liable to be dismissed as is the defence of the contesting OP.
   2. Annexure C-1  clearly indicates that  the complainant had paid an amount of Rs.41,993/-  for the air tickets purchased from OP No.2 through OP No.1 for their journey from  Chandigarh to Goa  on 16.6.2023. Exhibit C-5 further indicates that due to cancellation of fight ticket the complainant has purchased another ticket from Delhi to Goa for the journey on the same day i.e. 16.6.2023 from Indigo Airlines.  Exhibit C-6  is request made by the complainant for the refund of the ticket amount. Annexure OP-1/1 is the agreement executed  between OP No.1&2 which clearly indicates that in case of refund sought by the customer, the same shall be subject to MMT receiving the same from the airlines. Annexure OP-1/2 is the circular issued by the Director General of Civil Aviation which clearly indicates the specifically prescribed procedure and way to refund in case of cancellation of flight. Annexure OP-1/4 is  the advisory issued by the Company Law Tribunal regarding GoAir   ticket holders for refund claim i.e. OP No.2 airlines which specifically mentioned that passengers of the OP No.2 airlines  whose tickets have been cancelled and are seeking refund should approach the  Resolution Professional. The relevant portion of the said advisory is reproduced as under:-

“ADVISORY

Subject: Regarding Go Air Ticket Holder-                  Refund Claims.

1. It has come to our notice that a large number of passengers are sending email requests/phone calls for refund of booked/cancelled tickets in the case relating to GoAir (CP No (IB)-264(PB)/2023].

2. Kind attention of passengers is invited to the following: -

a. NCLT has appointed a Resolution Professional (RP) in the said matter. The address and contactdetails of the RP are as follows:

Mr. Shailendra Ajmera

Resolution Professional, Go Airlines (India) Limited Kaledonia, 19 Sahar Road MHADA Colony. Vijay Nagar, Andheri East, Mumbai, Maharashtra 400069 Email: b. Passengers are advised to make a claim before the RP as per law.

C. The guidelines for filing the claim may be seen at https://docs.google.com/document/d/15M6-oBZoH828q0QH-pkeWi85YBP4u-vmhXk1pHdd-k/edit?pli=1

3. It is requested that all the requests/claims for refund or any other related issues may be sent to the RP mentioned above as per the provisions of IBC Code 2016. Kindly refrain from sending emails/phone calls to NCLT officials for refund of booked/cancelled tickets.

4. All emails are responded as above and treated as closed.

5. This issues with the approval of Competent Authority.

 (Ravinder Bedi)

                                                Registrar”

3. Annexure OP-1/5  is the email sent by OP No.1 to OP No.2 seeking refund of the sum of Rs.1,13,68,63,733/- on account of deposit balance, special incentive  etc. Annexure OP-1/6 is the copy of  order passed by the Hon’ble State Commission, Punjab, Chandigarh  vide which the appeal of the OP No.1 was allowed in the similarly situated case and the complaint of the complainant seeking refund from Jet Airways  was dismissed.
4.  Admittedly, the OP No.2 airline has already been declared bankrupt/insolvent  by the NCLT  under Section 30(6)  read with section 31 of the Insolvency and Bankruptcy Code 2016  and vide advisory Annexure OP-1/4  issued by the NCLT,  the customers seeking refund of the cancelled tickets of OP No.2 were advised to approach the RP  Mr. Shailendra Ajmera  as per law, making further it clear that due to insolvency proceedings initiated against the OP No.2 airlines the passengers seeking refund of the cancelled tickets  are left with no other option  except to lodge their claim with the RP as the  Insolvency Resolution Professional will decide the issue of refund.   
5. Thus one thing is clear that as the OP No.1 has already submitted the claim of the complainant and other customers due from the OP No.2 and refund issue shall only be taken into consideration by the IRP  appointed by the NCLT, to our mind the  complainant has no cause of action against the OPs and the complaint is not maintainable before this Commission. In the similarly situated case the Hon’ble State Commission Punjab in Appeal No. 134 of 2020 decided on 23.2.2024 titled as Make my trip India Pvt. Ltd. vs. Ramesh Bajaj  and anr.  held that   the complainant shall be bound by the decision of the NCLT.

4. In the light of above, it is safe to hold that the complainant is bound by the decision of the NCLT with respect to the refund of the amount. Accordingly the instant complaint being not maintainable before this Commission stands disposed off
5. Pending miscellaneous application(s), if any, also stands disposed off.
6. Certified copies of this order be sent to the parties free of charge. The file be consigned.