Punjab

Ludhiana

CC/21/532

Manjit Singh - Complainant(s)

Versus

M/s Air India - Opp.Party(s)

Sharwan Sehgal

03 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:532 dated 25.11.2021.                                                         Date of decision: 03.11.2023.

Manjit Singh son of Shri Gurnam Singh, resident of VPO Dhurkot, Tehsil and District Ludhiana.          98145-87720. Email:

                                                Versus

1. M/s. Air India, Air Lines House, 113, Gurudwara Rakabganj Road, New Delhi through its Chairman cum MD.
2. M/s. Gurmukh Travels, Nankana Sahib Complex, Opp. White House Petrol Pump, Near Main Bus Stand, Ludhiana, through its Partner/Prop.                                                                         …..Opposite parties 

Complaint Under section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OP1                         :         Sh. Baljit Sharma, Advocate.

For OP2                         :         Exparte.

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that on 22.04.2021, the complainant booked three tickets of OP1 through OP2 for Rs.4,56,000/-, details of tickets is reproduced as under:-

The complainant stated that due to second wave of Corona Pandemic all the flights were cancelled and the complainant could not board the said flights and he is entitled to refund of Rs.4,56,000/- for which he approached OP2 several times but no refund was made. The complainant sent a legal notice dated 25.10.2021 through his counsel. OP1 sent reply dated 03.11.2021 through email stating that they have already refunded the amount but till date the complainant has not received the same. Even in the reply, it was mentioned that the complainant had booked the ticket on 22.04.2021 and afterwards exchanged the tickets with new tickets and afterwards the refund has been made. However, the complainant never exchanged any tickets and it might have been done by OP2 without instructions of the complainant. According to the complainant, the OPs were bound to refund the full amount which he had not received till date despite the fact that OP1 has refunded the amount which might have usurped by OP2. In the end, the complainant has prayed for issuing directions to the OPs to refund the amount of the tickets along with compensation of Rs.5 lac.

2.                Notice was sent to OP2 through registered post on 09.12.2021 but none turned up for the OP2 despite this service and as such, OP2 was proceeded against exparte vide order dated 11.05.2022.

3.                Upon notice, OP1 appeared and filed written statement and by taking preliminary objections, assailed the complaint on the ground of maintainability of the complaint. OP1 stated that the tickets were booked through OP2 and after cancellation of the ticket, the amount of refund has already been refunded by them in account of OP2.

                   On merits, OP1 reiterated the crux of averments made in the preliminary objections. OP1 stated that the amount has already been refunded by it in the account of OP2.  OP1 has denied that there is any deficiency of service and has also prayed for dismissal of the complaint.

4.                In support of his claim, the complainant tendered his affidavit Ex. CA1 in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 to Ex. C3 are the copies of air tickets, Ex. C4 is the copy of receipt dated 22.04.2021 issued by OP2 Gurmukh Travels, Ex. C5 is the copy of legal notice dated 25.10.2021, Ex. C6 and Ex. C7 are the copies of postal receipts and closed the evidence.

5.                On the other hand, counsel for opposite party No.1 tendered his affidavit Ex. RA along with documents Ex. R1 is the copy of email dated 11.03.2021 in reply to legal notice and closed the evidence.

6.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written reply along with affidavit and documents produced on record by both the parties.

7.                 It is an admitted fact of the complainant that on 22.04.2021, he got booked air tickets Ex. C1 to Ex. C3 of OP1 Airlines through OP2 by paying a sum of Rs.4,56,000/- to OP2 vide receipt Ex. C4.  The complainant could not  board the flight due to cancellation of all flights keeping in view the restrictions of Covid-19 Pandemic and the tickets were got cancelled. It is also an admitted fact on the part of OP1 in its email dated 11.03.2021 Ex. R1 in the shape of reply to legal notice that it has already refunded the ticket amount in the account of OP2 on 01.10.2021. The contents of the email Ex. R1 are reproduced as under:-

1. Passenger booked ticket number 098386044987 on 22.04.21, later on 26.4.21 passenger exchanged his ticket with new ticket number 0983860446070. Your's client again exchanged the ticket on 10.05.21 with new ticket number 0983860473111.

Ticket number 0983860473111 refunded by Air India on 01.10.21.

2. Passenger booked ticket number 098386044986 on 22.04.21, later on 26.4.21 passenger exchanged his ticket with new ticket number 0983860446071. Your's client again exchanged the ticket on 10.05.21 with new ticket number 0983860473110.

Ticket number 0983860473110 refunded by Air India on 01.10.21.

3. Passenger booked ticket number 098386044985 on 22.04.21, later on 26.4.21 passenger exchanged his ticket with new ticket number 0983860446072. Your's client again exchanged the ticket on 10.05.21 with new ticket number 0983860473109.

Ticket number 0983860473109 refunded by Air India on 01.10.21.

As per Air India records all three tickets refunded on 01.10.21.”

However, the complainant has not received the said ticket amount despite approaching OP1 as well as OP2. Now it is OP2 who has not refunded the amount to the complainant so received by him from OP1 Airlines which OP2 was bound to refund the same to the complainant immediately after receiving the same from OP1 Airlines. Certainly OP2 has unjustifiably enriched itself and has caused wrongful loss to the complainant. Therefore, there is deficiency in service and unfair trade practice on the part of OP2. Under these circumstances, it would be just and appropriate if opposite party No.2 is directed to refund the amount of Rs.4,56,000/- to the complainant along with interest @8% per annum from the date of receipt of payment from OP1 i.e. 01.10.2021 till actual payment along with composite cost of Rs.10,000/-.

8.                As a result of above discussion, the complaint is allowed with direction to opposite party No.2 to refund the amount of Rs.4,56,000/- to the complainant along with interest @8% per annum from the date of receipt of payment from OP1 i.e. 01.10.2021 till date of actual payment within 30 days from the date of receipt of copy of order. Opposite party No.2 shall further pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. However, the complaint as against opposite party No.1 is hereby dismissed. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

9.                    Due to huge pendency of cases, the complaint could not be decided within statutory period.

(Monika Bhagat)          (Jaswinder Singh)                     (Sanjeev Batra)

Member                         Member                                       President         

Announced in Open Commission.

Dated:03.11.2023.

Gobind Ram.