Haryana

Panchkula

CC/287/2020

JAMES N.CHAND. - Complainant(s)

Versus

MANAGING DIRECTOR,GO AIRLINES INDIA LTD. - Opp.Party(s)

IN PERSON.

22 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

                                                       

 

Consumer Complaint No	:	287 of 2020
Date of Institution	:	22.09.2020
Date of Decision	:	22.11.2022

 

 

James N.Chand son of Sh. Nihal Chand, age 73 years, resident of House No.1078 C, Sector-21, Panchkula, Haryana-134113.

                                                                         ….Complainant

 

Versus

1.     Managing Director, Go Airlines(India) Ltd. 1^st Floor, C-1, Wadia International Centre(WIC), Pandurang Pudhkar Marg, Worli, Mumbai, India-400025.

2.     Manager, Go Airlines-Airport Office, New Civil Air Terminal Chandigarh, Village Jhurheri, Mohali, Punjab-140306.

….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh. Satpal, President.

                        Dr. Pawan Kumar Saini, Member

Dr. Sushma Garg, Member

 

 

For the Parties:   Complainant in person.

                        Sh. Jatin Sehrawat, Advocate for OPs No.1  & 2.     

ORDER

(Satpal, President)

1.             The brief facts of the present complaint are that the complainant booked ticket at OPs booking counter which is at the International Airport, Chandigarh for the flight no.G8 514 flying from Chandigarh to Hyderabad on 09.01.2020 for 21.02.2020. On 17.01.2020, the flight of OPs was cancelled and it was published in all the newspapers regarding the cancellation of the flights from 17.01.2020 to 24.01.2020 due to operational reasons. The complainant visited at Go Airlines booking counter at Chandigarh International Airport regarding the update of the refund of Rs.5394/- and it was written by the Authority at Airport that “Flight No.G8 514 is XXLD due to operational reasons. So Pax eligible for full refund” but no refund has been made in favour of the complainant.  He was also told that the refund would be made within one working week but no action was taken by the OPs for the refund in the complainant’s favour even till date after a lapse of almost six months.  The complainant had even contacted through email regarding the same but no one has ever contacted the complainant and refund had been made.  The complainant has also served a legal notice upon the OPs on 15.02.2020 but no reply has been received from the Ops till date.  Due to the act and conduct of Ops No.1 & 2, the complainant has suffered a great deal of financial loss, mental agony and harassment; hence, the present complaint.

2.             Upon notice OPs No.1 & 2 appeared through counsel and filed written statement raising preliminary objections qua complaint is not maintainable; the OP No.1 is not the necessary and proper party, no jurisdiction and suppressed true and material facts. It is stated that the rules and regulations governing Go-Airlines clearly state as follows “These Go-Airlines Regulations shall be subject to, interpreted in accordance with and governed by Indian Law. All claims and disputes shall be subject to the exclusive jurisdiction of Mumbai, India only. It is stated that the complainant was scheduled to travel with OP from Chandigarh to Hyderabad on Flight G8-514 on 21.02.2020 and made payment of Rs.5,394/- to the OPs. However, due to unavoidable operational difficulties beyond the control of OPs, the flight G8-514 had to be cancelled by the Ops. The reason for cancellation of flight was not in control of Ops and it could not have avoided such cancellation even after taking all reasonable steps for its operations. Thus, the OPs on 17.01.2020 and 18.01.2020, i.e. 34 days before the scheduled departure of flight, informed the complainant about cancellation of the flight and immediately on 13.03.2020 also refunded the complete consideration to the complainant through the same channel which was used by him for booking of ticket and paid consideration. The OPs informed about the same through SMS and call on 17.01.2020 to complainant on the given contact mobile number. It is stated that the Civil Aviation Requirement, Series ‘M’ Part IV issued by ‘Office of the Director General of Civil Aviation’ (DGCA) dated 06.08.2010 and effective from 15.08.2020, in Clause 1.4 of the said CAR requirements provides for exemption to airlines for payment of any compensation in case of cancellation of flights caused by any event of force majeure beyond the control of the Airlines. In the present complaint, the flight in which the complainant  was scheduled to travel was cancelled due to unavoidable reason not under the control of OPs. Therefore, as per applicable laws of the land, the OPs cannot be made liable under the complaint. Further, the Clause 3.3.1 of the said CAR regulations provides for procedure to be followed by Airlines in case the flight is cancelled for any sector. The above clause 3.3.1 makes it clear that the reason for cancellation of flight was due to unavoidable operational reason beyond the control of OPs and further Ops had informed the complainant about cancellation of his scheduled flight well 34 days in advance and the OPs has already refunded the entire amount of Rs.5,394/- to the mode of payment on 13.03.2020. So, there is no deficiency in service on the part of the OPs No. 1 & 2 and prayed for dismissal of the present complaint.

3.             The complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement. On the other hand, the ld. counsel for the OPs No.1 & 2 tendered affidavit as Annexure R-Aalongwith Annexure R-1 to R-3 and closed the evidence.

                During the course of arguments, the complainant has placed on record his account statement for the period of 01.03.2020 to 31.03.2020, which is taken on record as Mark ‘A’ for the adjudication of the controversy in a proper and fair manner.

4.             We have heard the learned counsels for the parties and gone through the entire record available on file including the written arguments filed by the learned counsels for complainant as well as Ops No.1 & 2, minutely and carefully.

5.             Admittedly, the complainant had availed the services of the OP  on 09.01.2020 by booking the air ticket for his air journey from Chandigarh to Hyderabad for 21.02.2020 vide flight No.G8 514. Undisputedly, a sum of Rs.5,394/- was paid by the complainant as shown in details of ticket(Annexure C-4). The cancellation of the scheduled flight for 21.02.2020 on account of operational reasons beyond the control of the OP as conveyed to the complainant on 17.01.2020 and 18.01.2020 through SMS/Call and publication in the newspapers is not in dispute. As per unrebutted remarks made by the Ops on tickets(Annexure C-4), the flight in question was cancelled due to operational reasons and the passengers were eligible for full refund. The complainant receiving no  refund of the amount of Rs.5,394/- as paid by him qua the price of the air ticket, sent a legal notice dated 15.02.2020(Annexure C-2), which was responded vide reply(Annexure C-3) mentioning that the matter was referred to the concerned team.

                During arguments, the complainant reiterating the averments made in the complaint has controverted the contentions of the OPs made in their reply that amount in question had already been refunded in the account of the complainant and in this regard, the complainant invited our attention towards the account statement, according to which, no amount was refunded to him on 13.03.2020 or thereafter, in the month of February, March and April. Concluding the arguments the complainant has prayed for acceptance of the complaint by granting the relief as claimed for in the complaint.

6.             The Ops have opposed the contentions of the complainant by filing written statement stating therein that the scheduled flight was cancelled due to unavoidable operational difficulties beyond the control of the Ops and the complainant was informed on 17.01.2020 and 18.01.2020 i.e. 34 days before the scheduled date of the flight and immediately, thereafter, the complete consideration i.e. price of the ticket was refunded to the complainant on 13.03.2020. The learned counsel for the OP reiterating the averments made in the complaint contended that the ticket price amounting to Rs.5,394/- was refunded to the complainant on 13.03.2020 through the same mode vide which it was received from the complainant and thus, prays for dismissal of the complaint being meritless.

7.             The only question for determination in the present complaint is that whether the Ops had refunded the sum of Rs.5,394/- to the complainant as alleged by Ops. In order to sort out the issue, the complainant has placed on record his account statement, which has been taken on record as Mark ‘A’. As per said account statement a sum of Rs.5,394/- has been reflected to have been paid on 09.01.2020 to OPs. On 13.03.2020 no such amount of Rs.5,394/- has been shown as credited to the account of complaint. A perusal of said account statement reveals that no such amount of Rs.5,394/- was ever credited into account of the complainant by Ops during the month of February, March and April. The version of the complainant that he has never received the refund of the said amount of Rs.5394/- from OPs is corroborated  and substantiated  by his duly sworn affidavit Annexure C-A as well as the account statement Mark ‘A’. 

8.             On the other hand, no documentary evidence much less any adequate, credible and cogent evidence, has been placed on record by the Ops in support of their contentions that a sum of Rs.5,394/- was refunded to the complainant  on 13.03.2020 by the same mode through which it was received. We have no doubt on any account in any manner with regard to the fact that amount of Rs.5,394/- as spent by the complainant in purchasing the air ticket for his air journey from Chandigarh to Hyderabad vide air flight no. G8 514, which was cancelled, has never been refunded to him. Hence, the Ops have been deficient while not refunding the price of the air ticket amounting to Rs.5,394/- as per mandate of the Civil Aviation Requirements issued by the Directorate General of Civil Aviation  on 06.08.2020. Hence, the complainant is entitled to relief.

9.             Adverting to relief clause, it is found that the complainant has claimed a sum of Rs.5,394/- along with interest @ 10%p.a. from the date of receipt till date of actual payment. The compensation of Rs.1,00,000/- and Rs.50,000/- has also been claimed on account of mental agony and physical harassment and litigation charges respectively.

10.            As a sequel to the above discussion, we partly allow the present complaint with the following directions jointly and severally:-

1.     The OPs No.1 & 2 are directed to make the payment of Rs.5,394/-to the complainant along with interest @ 9% per annum w.e.f. 09.01.2020 till actual realization.
2.     The OPs No.1 & 2 are further directed to pay a sum of Rs.5,000/- to the complainant on account of mental agony and harassment.
3. The OPs No.1 & 2 are further directed to pay a sum of Rs.5,000/- as cost of litigation.               

11.            The OPs No.1 & 2 shall comply with the order within a period of 45 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced on:22.11.2022

 

 

 

Dr.Sushma Garg          Dr. Pawan Kumar Saini         Satpal         

           Member                          Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                         Satpal,                              

                                        President