Counsel for the parties:

        For the complainant: :- Self.

        For the O.P 1 : Sri, B.B Panda. Advocate ,Bhawanipatna.

        For the O.P 2 : None appeared.

        For the O.P 3 : Sri, A. Mohanty & Associate, Bhawanipatna.

                                         JUDGEMENT

        Sri. Aswini Kumar Patra, President .

1. The complainant Santosh Kumar Dash has filed this consumer complaint alleging deficiency in service on the part of the O.Ps.
2. The Complaint has prayed for an order directing the Ops :-a) to refund the Air Ticket booking amount to the tune or Rs.37, 075/- which has not yet been repaid to the complainant. b) An order for compensation or Rs.50, 000/- to complainant towards his mental agony and financial loss due to deficiency in service by the O.Ps. c) An order to pay the cost of litigation of Rs.10, 000/- to the complainant. d) Any other fit and equitable relief/reliefs the Hon’ble Commission deem fit and proper.
3. Heard. Peruse the material available on record. We have our thoughtful consideration on the submission of the both parties.  
4. The facts of the complaint in brief are that, the complainant have purchased Air ticket (round trip) through O.P No.1 for his family journey from Ranchi to Delhi ,journey date was 10^th April 2020 for which he had paid total amount of Rs.74,025/- (Rupees Seventy Four thousands Twenty five) vide booking ID No.NF21164262366700 and booking ID No.NF20151262359970. The O.P No. 1 booked the Air Ticket from O.Ps No 2 & 3 and sent the tax invoice to the complainant. Due to Covid-19 Pandemic situation all the schedule flight were cancelled and against cancellation credit voucher were issued, where conveyance amount were deducted and the same was for a period of one year from the date of issue. The complainant requested the O.P No.1 to refund the booking amount but it was not responded by the O.P No.1 for which the complainant filed an application 01.07.2020 to the MDS of No. 1 to 3 and after reviving the said request letter the O.P No.1 & 2 made correspondence with the complainant regarding refund the booking amount. It is stated that, on dt.06.08.2020 the complainant received Rs.13038/- and subsequently on dt.13.08.2020 received  Rs.23,912/- from O.P No.1 and both the refunds were towards Air Ticket booked by the O.P No.2(Air Asia) but O.P No.1 has not yet refunded Air Ticket booked with O.P No.3(M/S Indigo) and issued two credit vouchers. As per said credit voucher the refundable amount is calculated to be Rs.68, 051/- against the total booking amount of Rs.74,025/- as there is a deduction or Rs.5,974/-  the complainant is yet to be received Rs 37,075/- form the O.Ps . Since the O.Ps has made no further refund amount to the complainant, he alleged deficiency in service on the part of O.Ps which causes mental agony & financial loss hence this complaint.
5. Being notice, the Opposite party No.1 & 3 filed their written version resisting the contention of the complainant. Op No 2 does not want contest the complaint.
6. The material fact relating to booking or tickets by the complainants for his family and subsequently cancellation credit voucher where issued against the cancellation of booked Air tickets is not disputed.
7. It is submitted that, OP. No 1 being the facilitator between the service provider and the intended traveler is under the obligation to provide the confirmed booking to the customer. Once the bookings are confirmed by the concerned service providers, the same is shared  with the intended traveler. The OP No.1 is not responsible or liable for any deficiency caused on the part of the Airline or the complainant. Hon’ble Supreme Court of India in Pravaisi Legal Cell & Other Vrs  Union of India W.P.No. 1096 of 2020 held that the Agent will process the refund when it is received by the Airline .   
8. The Opp. No 3  submits that, ”Managing Director ,Indigo Air Line “ is wrongly impleaded rather Op No 3 is referred as “ Inter Global Aviation Limited ”.It is further submitted that, the complainant has failed to support his complaint with any evidence reflecting the travel details ,such as the boarding pass ,ticket copy etc. so also not mentioned PNR number of the passengers booking. In absence of the complainant having provided the booking details , including PNR number “Inter Global Aviation” is not in a position to settle  the claim of the complainant with respect to the alleged bookings. It is further submitted that the complainant has failed to place on record the copy of tickets or mention the PNR number in the complaint and  Inter Global Aviation Ltd. reserved its rights to respond to the same on receipt. The OP No.3 specifically denied that it has been neglected or callous or that the complainant suffered mental agony or  financial loss. There is no cause of action against the OP 3. Hence, prayed for dismissal of the complaint with cost.
9. Here in this case there is no dispute of the fact that, the complainant has booked Air ticket vide Booking ID No.NF21164262366700 and Booking Id No.NF20151262359970 and that, due to Covid-19 Pandemic situation all scheduled flight were cancelled and as per the guidelines issued by the DGCA Circular dt.07.10.2020 against cancellation credit voucher were issued, if credit shell voucher issued by the agent is not utilized by 31.3.2021 then the agent shall transferred the amount to the source account from which the booking was initially made. The  OP No.1 being agent has duly transferred the said amount.
10. The OP 1 has failed to prove that the entire amount refundable to the complainant has already been refund to the complainant though admitted the fact that the OP 1 has duly refunded the amount i.e. Rs.42,551/-to the complainant. So also the OP 1 has failed to prove that he has transferred the refundable amount to the source account from which the booking was initially made as credit shell voucher issued by him/agent is not utilized as on 31.3.2021. The claim of the complainant that the OP 1 has not refunded the air tickets booked with OP 3 for an amount of Rs.37,075/- is not specifically denied.
11. Nothing material available on record that the OP 1 has ever taken any step to refund the entitlement of the complainant as such there is clear negligence and deficiency in service found on the part of the OP No.1. Hence it is order.
6698606.                                 

This complaint is allowed in part on contest against the O.P No.1 & 3 andexparte against the O.P.2 with the following direction:-

The Opposite Party No.1 is directed to refund the claim amount of Rs.37,075/- to the complainant towards cancellation of air tickets booked vide ID No.NF2116426236670 and booking ID No.NF20151262359970 which is applicable within four week of receiving of this order, failing which the OPO No.1 is liable to pay Rs.200/- per day as compensation to the complainant till its realization.. The OP No.1 is at liberty to collect the said amount from the concerned Opposite Party at his own cost. There is no order as to costs.

Pending application if any is disposed of in view of the aforesaid order.

           Dictated and corrected by me.

                              President

I   agree.

                               Member                                           

Pronounced in open Commission today on this23^rd day of November,2022 under the seal and signature of this Commission.

The judgment be uploaded in the website of the Commission and free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order received from this Commission. Order accordingly.

                 Member                                            President