Punjab

Ludhiana

CC/19/393

Mrs.Vikramjit Singh - Complainant(s)

Versus

M/s Goibibo Group Pvt.Ltd - Opp.Party(s)

Harjit Singh Adv.

12 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 393 dated 19.08.2019.                                                        Date of decision: 12.08.2022.

 

Mr. Vikramjit Singh aged 41 years, son of Paramjit Singh, Resident of House No.R-130, Sarabha Nagar Extn. Pakhowal Road, Ludhiana-142022, Punjab, India

                                                                                       ..…Complainant 

•  

1. M/s. GOIBIBO Group Pvt. Ltd., Corporate address 19^th Floor, Tower A, B & C, Epitome Building No.5, DLF Cyber City, Phase III, Gurugram, 1212002, Haryana, India through its Directors/Manager/Authorized Person.        
2. M/s. Ukraine International Airlines, India Office, New Delhi Head Office, STIC Travels Pvt. Ltd., G-55, Opposite to Palika Parking Exit, Connaught Palace, New Delhi.110001. India.                                                                                                         …..Opposite parties 

Complaint under Section 12 of the Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Sidharth Chandi, Advocate.

For OP1                         :         Sh. Manish Mann, Advocate.

For OP2                         :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                In brief, the case of the complainant is that the complainant booked six tickets for himself and his family members namely Raunak Atwal, Kamaljit Kaur, Gurdeep Singh, Samar Atwal and Kirandeep Kaur from the web portal of OP1 for travelling from Delhi to Toronto and back. The tickets were booked on 15.04.2019 and the same were of OP2 Airline. The flight was slated to depart from Delhi to Toronto on 20.06.2019 and return journey from Toronto to Delhi was on 04.07.2019. A sum of Rs.3,99,222/- was paid by the complainant to OP1. The purpose of visit of the complainant and his co-passengers was to attend a wedding of near relative in Canada.

2.                It is further alleged that all the passengers including the complainant applied for Temporary Resident Visa (Tourist Visitor Visa) for Canada. However, only Gurdeep Singh and Kamaljit Kaur were granted visa while remaining four including the complainant were denied visa by the Canadian Embassy on 04.05.2019. The complainant, Kirandeep Kaur, Samar Atwal and Raunak Atwal again applied for visa but the same was also declined by the Canadian Embassy on 14.06.2019. The intimation of denial of visa application dated 14.06.2019 was received from the Government of Canada.     

3.                It is further alleged that as soon as the complainant came to know that the visa has been rejected, on 15.06.2019, he contacted OP1 and requested them to cancel four tickets and initiate the refund. The representative of OP1 told the complainant that the ticket was non-refundable as per the fare rules of OP2 Airline. However, the complainant kept requesting OP1 for refund as there was no possibility of travelling in the absence of the visa. Since OP1 refused to refund, the complainant took up the matter with OP2 on 16.06.2019 as well as on 17.06.2019 i.e. before 72 hours of the departure of the flight by sending an email along with supporting documents that the visa applications had been refused on 14.06.2019. OP2 also shared the refund policy and asked the complainant to contact the agent through whom the tickets were purchased. On 17.06.2019, the complainant again approached OP2 through its website www.book.flyuia.com and he was informed by a representative of OP2 that as per the airlines policy, the complete refund is made if the information regarding visa refusal is given with visa refusal minimum 72 hours prior to the departure of the flight. As a result, the complainant again called OP1 on 17.06.2019 and also sent an email with complete documents including visa refusal letter and requested them to cancel four tickets but the OPs did not refund the amount. The complainant sent emails repeatedly even on 18.06.2019 and 20.06.2019 but the OPs took up the matter for refund of two tickets only. As a result, the complainant received refund of two tickets only and that too after lot of efforts while the refund of the remaining two tickets amounting to Rs.1,35,000/- has not been issued. This also amounts to deficiency of service. In the end, it has been requested that the OPs be directed to refund the amount of Rs.1,35,000/- along with compensation of Rs.1,00,000/- and litigation expenses of Rs.35,000/-

4.                Upon notice, OP2 did not appear despite service and was proceeded against exparte.

5.                The complaint has, however, been resisted by OP1. In the written statement filed on behalf of OP1, it has been, inter alia, pleaded that OP1 acts merely as a facilitator for booking flight tickets on behalf of its customers and the complainant is bound by the user’s agreement to which he agreed at the time of booking the tickets online through OP1. It has been admitted that the complainant booked as many as six tickets for a total cost of Rs.3,99,222/-. In the user’s agreement, there was a clause regarding visa application which shows that a person getting a ticket booked is supposed to have transit visa  through immigration clearance and a passport with a validity at least 6 months as on date of travel. The complainant was supposed to possess the required visa and if the visa was not granted, OP1 cannot be held liable. It has further been pleaded that as per the cancellation policy, the airlines stopped accepting rescheduling request 24-72 hours before the departure of the flight and OP2 Airline also stopped accepting cancellation requests/refund requests 72 hours before the department of the flight. According to OP1, in the instant case, the complainant initiated the cancellation request just 70 hours prior to departure of the flight i.e. on 17.06.2019 at 12 PM. Thus, as per the policy, no amount was refundable. It has also been pleaded in the written statement that being a consumer-centric company, OP1 exhaustively pursued the matter with OP2 for the refund of the cancellation of the confirmed bookings and was able to get the refund of two tickets out of four cancelled flight bookings to the tune of Rs.1,28,846/- which was initiated to the complainant. According to OP1, the complainants are not entitled to any refund of the amount as per terms and conditions of the user agreement with OP1 which was duly agreed  and consented to by the complainant. Moreover, by the time the complainant approached OP1, the requisite arrangements and bookings had already been made. The other allegations made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

6.                In evidence, the complainant has submitted his affidavit Ex. CA along with documents Ex. C1 to Ex. C8 and closed the evidence.

7.                On the other hand, the counsel for OP1 tendered affidavit Ex. RA of  Sh. S. Sreesh, Authorized signatory of OP1 along with documents Ex. RW1 to Ex. RW7 and closed the evidence.

8.                We have heard the arguments advanced by the counsel for the parties and have also gone through records.

9.                At the very outset, the counsel for OP1 has candidly conceded that OPs are ready to refund the booking amount of remaining two tickets also and in this regard, steps have already been taken to generate the refund payment of Rs.1,28,846/- which would soon be paid to the complainant.

10.              On the contrary, the counsel for the complainant has argued that since the amount was paid after a lapse of about three months of the filing of the complaint, the OPs be burdened with special and exemplary costs for un-necessarily harassing and causing inconvenience, pain and agony to the complainant.

11.              Having considering the contentions raised by the counsel for the parties, we are of the considered view that it would be just and proper if the OPs are made to pay the refund of the amount in respect of two tickets amounting to Rs.1,28,846/- along with interest @6% per annum from the date of filing of the complaint till actual payment with a composite cost and compensation of Rs.5,000/-. 

12.              As a result of above discussion, the complaint is allowed with a direction to the OPs to pay the refund of the amount in respect of two tickets amounting to Rs.1,28,846/- along with interest @6% per annum from the date of filing of the complaint till actual payment to the complainant within30 days from the date of receipt of copy of order. The OPs are further made to pay composite cost and compensation of Rs.5,000/- (Rupees Five Thousand only) to the complainant within 30 days from the date of receipt of copy of order.  Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

13.              Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:12.08.2022.

Gobind Ram.

Vikramjit Singh Vs GOIBIBO                                                 CC/19/393

Present:       Sh. Sidhartah Chandi, Advocate for the complainant.

                   Sh. Manish Mann, Advocate for the OP1.

                   OP2 exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed with a direction to the OPs to pay the refund of the amount in respect of two tickets amounting to Rs.1,28,846/- along with interest @6% per annum from the date of filing of the complaint till actual payment to the complainant within 30 days from the date of receipt of copy of order. The OPs are further made to pay composite cost and compensation of Rs.5,000/- (Rupees Five Thousand only) to the complainant within 30 days from the date of receipt of copy of order.  Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:12.08.2022.

Gobind Ram.