BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.277 of 2020
Date of Instt. 04.09.2020
Date of Decision:09.03.2022
Dr. Ruby K. Soni, 558, J. P. Nagar, Jalandhar-144002. Mbl.No.97806741033
..........Complainant
Versus
1. Managing Director, M/s Make My Trip India Pvt. Ltd. Gurgaon, DLF Building No.5, Tower B, DLF Cyber City, DLF Phase 2, Sector 25, Gurgaon, Haryana.
2. M/s Air Asia Airlines, D-85, 1st Floor, 100 ft. Road, Chhatarpur Enclave, New Delhi. Phone No.99999123478
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. V. K. Sareen, Adv. Counsel for the Complainant.
Sh. A. K. Gandhi, Adv. Counsel for OP No.1.
OP No.2 withdrawn.
Order
Dr. Harveen Bhardwaj(President)
1. The instant complaint has been filed by the complainant, wherein it is alleged thaton 28.02.2020 the complainant through M/s Make My Trip App booked four air tickets for New Delhi-Goa-New Delhi journey by Air Asia Airlines, which are as under:-
a) Flight No.15779- April 2, 05:10 AM
Delhi-Goa- PNR No.A3RDMD
b) Return Flight NO.15799- April 5, 04:35 PM
Goa-Delhi- PNR No.PVYGVF
The same were duly confirmed by them. However, following outbreak of Covid-19, all domestic flights were cancelled. On March, 26 the complainant made frantic efforts to establish contact with M/s Make My Trip’s Office, but could not succeed, consequent upon which he got in touch with Air Asia Airlines, who informed him that they had issued cash refund of an amount of Rs.19,340/- concerning PNR-A3RDMD and Rs.18,200/- concerning PNR-PVYGUF total Rs.39,540/-. However, Make My Trip has not refunded the amount of Rs.39,540/- to him until today. The complainant had written a letter to OP on 13.07.2020 requesting them to refund the amount, but they have not taken any action on his request. That cancellation of flights was a Govt’s decision and Make My Trip has no right to withhold his money especially when Air Asia Airlines have issued to them cash refund voucher for the total amount. That it is pertinent to mention here that Air Asia Airlines transferred the refund amount under reference to M/s Make My Trip vide transaction ID:412860621 for Rs.19,340/-, transaction:412878011 for Rs.18,200/- respectively. Due to the above said act and conduct, the complainant suffered harassment and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund his amount of Rs.39,540/- alongwith 18% interest from the date of refund by Air Asia Airline to M/s Make My Trip India Pvt. Ltd. alongwith compensation amount of Rs.10,00,000/- to the complainant for mental agony and harassment, especially during the period of Covid-19.
2. Notice of the complaint was given to the OPs, but the authorized representative of the complainant withdrawn the complaint against OP No.2 vide his separate statement dated 24.11.2020, whereas OP No.1 appeared through its counsel and filed written reply, whereby contested the complaint by taking preliminary objections that the complainant has not approached this Commission with bonafide intents and an evident attempt has been made to gain undue advantage by misrepresenting and distorting the material facts and circumstances herein. The complainant cannot seek any relief from the OP No.1 as the complaint is malafide, false, frivolous and misconceived and hence lacks merit. The complainant, thus is not entitled to claim any equities from the OP No.1, by way of the present complaint. It is further averred that the present complaint filed by the complainant is absolutely frivolous, misconceived and malafide. Hence it is an abuse of the process of law. That the complainant has failed to approach before this Commission with clean hands, bonafide intents and on top of that have twisted and suppressed the material facts and circumstances of the present complaint. Hence, as such guilty of suppression very and suggestion falsi. It is further averred that the present complaint filed by the complainant is with malafide intentions with a view to force the OP No.1 to accede to the whims and comforts of the complainant. It is further submitted that the OP No.1 merely acts as a facilitator for booking the confirmed air tickets/hotel bookings on behalf of its customers with the concerned service providers and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties produced on the file their respective evidence.
5. We have heard theargument from learned counsel for both the parties and have also gone through thecase file as well as written arguments submitted by counsel for the OP No.1, very minutely.
6. It is admitted case of the parties that the complainant got booked four air tickets for New Delhi-Goa-New Delhi journey by the OP No.2 through OP No.1.it is also admitted that the air tickets were duly confirmed by them. It is also admitted that the total booking amount was Rs.39,540/-. It is also admitted that due to outbreak of the Covid-19 all domestic flights were cancelled. The complainant was to go to Goa on 02.04.2020 and the return flight was of 05.04.2020. The complainant has sought that the OPs have not refunded the booking amount deposited by him till the filing of the complaint and he has sought the refund of the amount alongwith interest and cost of litigation expenses.
7. The contention of the OP No.1 is that the OP No.1 is just the facilitator for booking the confirmed air ticket/hotel booking on behalf of customers with concerned service providers. The OP No.1 is not responsible and liable to pay any money as demanded by the complainant. The OP No.1 has already refunded the amount in the account of the complainant as soon as the OP No.1 has received the same from OP No.2. The complainant has not produced on record any document to show that there was a delay on the part of the OP No.1 in refunding the amount. The booking of the tickets has been proved as Ex.C-1. Ex.C-2 is the notification by the OP No.2 regarding the cancellation of the flight from New Delhi to Goa on 02.04.2020 due to DGCA Directives. Similarly, Ex.C-3 is the notification by OP No.2 regarding the cancellation of the flight from Goa to New Delhi on 05.04.2020 due to DGCA directives. The OP No.1 has sent an email to the complainant confirming the cancellation request for booking of the complainant for flights not being operational with the assurance that the refund will be processed in 7-10 working days once the request is successfully validated with the air lines. This email is of 28.03.2020 as per Ex.C-4. As per Ex.C-5, the OP No.2 has sent mail to the complainant informing that the amount has already been refunded to the travel agency and they have been requested to contact the concerned travelling agency. Ex.C-6 is also an email sent by OP No.2 to the complainant. After receiving the mail from the OP No.2, the complainant sent a letter to OP No.2 on 13 August, 2020 which was received by OP No.1, vide Ex.C-8. Ex.C-9 is the certificate given by the complainant, wherein he has mentioned that he has retrieved the data from email of OP No.2 and OP No.1 without any alteration.
8. To rebut the case of the complainant, the OP has also produced on the record the Booking Details Ex.R-2, Guidelines by the Ministry of Home Affairs Ex.R-4, Judgment of the Hon’ble Supreme Court R-5 and Circular by the Govt. of India Office of The Director General of Civil Aviation Ex.R-6 & Ex.R-7 and the Company Master Data Ex.R-8.
9. As discussed above the facts of booking and depositing the money have been admitted. As per the guidelines by the Govt. of India Ex.R-6 that ‘If a passenger has booked a ticket during the lockdown period (from 25th March, 2020 to 24th May, 2020) for travel during lockdown period and the airline has received payment for booking of air ticket for travel during the same period, for both domestic and international air travel and the refund is sought by the passenger against that booking being cancelled, the airline shall refund the full amount collected without any cancellation charges. The refund shall be made within a period of three weeks from the date of cancellation.’It is proved on record that the confirmation of cancellation of the tickets was made by the OP No.1 on 28.03.2020 and it was assured that the refund will be made within 7-10 working daysonce the request is successfully validated with the air lines. The complainant has given affidavit that the amount of Rs.39,240/- was deposited in his account by the OP No.1 on 18.10.2020 and email to this effect was sent by the OP No.1 on 21.10.2020. The cancellation was confirmed on 28.03.2020. As per the guidelines, the refund is to be made within a period of three weeks from the date of cancellation. If we exclude three weeks from 28.03.2020 i.e. confirmation of cancellation, then the OPs were to refund the money by 21.04.2020. As per the affidavit filed by the complainant, the OP No.1 had transferred the amount of Rs.39240/- in the account of the complainant on 18.10.2020. The copy of the transaction has been filed by the complainant as Ex.PX, which show that the amount was got deposited by Make My Trip India Pvt. Ltd. in the account of the complainant and the message has also been received from the bank on 21.10.2020 regarding the crediting of the amount towards reversal/cashback from Make My Trip India Pvt. Ltd., New Delhi on 18.10.2020. This shows that the OPs were to refund the money by 21.04.2020 as per the guidelines, but the same has not been deposited till then. The contention of the Ld. Counsel for the OP No.1 that the complainant has failed to prove that when the OP No.1 has received the payment from OP No.2 and there is no intentional delay on the part of the OP No.1, is not tenable as the matter of receiving the money and sending the money is between OP No.1 and 2. The complainant cannot know the internal facts of the OPs. The OP No.1 has not proved on record that the money was received from OP No.2 by the OP No.1 late. They have failed to prove that there was a delay on the part of the OP No.2. Thus, there is clear cut deficiency in service and unfair trade practice on the part of the OPs.
10. In view of the above detailed discussion, we are of the opinion that the complainant is entitled for the relief and the complaint of the complainant is partly allowed and OP No.1 and 2 are directed to pay the interest @ 6% on the delayed payment of Rs.39,240/- from 22.04.2020 till 18.10.2020 and further OPs are directed to pay Rs.5000/- as compensation for causing mental tension and harassment to the complainant and Rs.3000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
11. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr.Harveen Bhardwaj 09.03.2022 Member Member President
