Chandigarh

DF-II

CC/1076/2019

Dr Sanjay Munjal - Complainant(s)

Versus

M/s IRCTC Limited - Opp.Party(s)

Puneet Kaur Sekhon Adv. & Mrigank Sharma Adv.

14 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	1076 of 2019
Date  of  Institution	:	29.10.2019
Date   of   Decision	:	14.03.2023

 

 

 

 

 

1]  Dr.Sanjay Munjal s/o Mr.Udey Bhan aged 49, Additional Professor & Incharge, Speech and Hearing Unit, Department of Otolaryngology, PGIMER, Chandigarh, India.

 

2]  Dr.Anuradha Sharma wife of Sh.Rakesh Sharma aged 41, Lecturer, Speech and Hearing Unit, Department of Otolaryngology, PGIMER, Chandigarh, India.

 

            …..Complainants

 

Versus

M/s IRCTC Limited, SCO 80-82, 3rd Floor, Sector 34-A, Behind Piccadilly Cinema, Chandigarh 160022 through its Managing Director.

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

MRS.PRITI MALHOTRA             MEMBER 

                MR.B.M.SHARMA                 MEMBER

 

                               

Argued by  : Sh.Mrigank Sharma, Counsel for complainants

              Sh.Bhuwan Luthra, Counsel for OP

             

PER B. M. SHARMA, MEMBER

        The case of the complainants precisely is that they had to attend a Medical Conference in Bengaluru (Bangalore) on 4.1.2018 and as such they booked Flight of M/s Jet Airways for said date, from the web portal/site of the OP, which was scheduled to depart at 10.00 hours on 4.1.2018 from Chandigarh to New Delhi and thereafter the complainants were to catch the connecting flight from Delhi to Bangalore to attend the said Conference.  The complainants made payment of Rs.4485/- for said two air tickets (Rs.2242/- for each ticket Ann.C-1). However, the said light never took off on 04.01.2018 forcing the complainants to make alternative arrangements.  It is stated that despite repeated requests, the complainants were never given any information as to why the flight was cancelled and if at all some alternative arrangements were being made by the Airlines and as such they raised the issue with the OP and requested for refund vide e-mail dated 08.01.2018 (Ann.C-2). It is also stated that vide email dated 11.02.2018 (Ann.C-4), the OP released the partial amount of Rs.596/- out of Rs.4485/- without giving any justification for deduction of the remaining amount. It is submitted that vide Ann.C-6 dated 11.02.2018, it was informed that the Airline cancellation charges of Rs.1665/- along with IRCTC cancellation charges of Rs.250/- have been levied and remaining amount was processed to be released. It is submitted that vide letter (Ann.C-7), the OP admitted that the flight could not take place on account of bad weather.  Alleging that the aforesaid acts & conduct of the OP as deficiency in service and unfair trade practice, hence this complaint has been preferred.

 

2]      The Opposite Party has filed written statement and while admitting the factual matrix of the case, stated that the second complaint on the same facts is not maintainable as earlier complaint No.55/2018 filed by the complainants was dismissed as withdrawn with liberty to file the fresh one as and when the company comes out of the insolvency and till now M/s Jet Airways has not come out of insolvency as such the present complaint is not maintainable. The complaint is bad for non-joinder of the necessary party i.e. M/s Jet Airways who is liable to refund.  The receipt of e-mail dated 08.01.2018 is admitted, However, it has been stated that complainant did not send the stamped or endorse copy of e-ticketing mentioning “Full Refund is due” as mentioned in the e-ticketing as required and simply writing on mail that the e-ticket has been cancelled is not enough.  It is stated that the answering OP has just deducted a sum of Rs.250/- as per the cancellation policy and refunded the balance what they have received from M/s Jet Airways and it is only Jet airways, who has not been arrayed as party, can answer why they refunded less amount to the complainants.  It is also stated that since M/s Jet Airways is insolvency, therefore, answering OP cannot take up the matter with Jet Airways. Denying other allegations and pleading no deficiency in service, the OP has prayed for dismissal of the complaint.

          

3]      Parties led evidence in support of their contentions.

 

4]      We have heard the ld.Counsel for the parties and have gone through the documents on record.

5]      The perusal of the file reveals that the complainant has earlier filed similar complaint vide CC No.585/2018 – Dr.Sanjay Munjal vs. M/s Jet Airways & Anr., which was withdrawn on 29.8.2019 with liberty to file fresh one as and when the company comes out of insolvency (Ann.C-9). The said order reads as under:-

“Dated: 29 Aug 2019

ORDER

The counsel for the complainant has stated that OPs company is in insolvency and  he  wants  to  withdraw the  complaint.  He has appended a note on the complaint that he withdraws the complaint with liberty to file a fresh one as and when the company comes out of the insolvency

In view of the above, this complaint is dismissed as withdrawn. However, the complainant would be at liberty to file a fresh complaint on the same cause of action before the appropriate Authority/ Court/ Forum/ Commission, as per law.”

       

6]      The complainant neither alleged in the present complaint, filed afresh, that the said company i.e. M/s Jet Airways, with whom the air-tickets in disputes, were booked, has come out of insolvency nor placed on record any such proof/evidence. Therefore, the present complaint is held to be not maintainable.

 

7]      In view of the above discussion & findings, the complaint being not maintainable is hereby dismissed. No order as to costs. However, the complainant shall be at liberty to file fresh complaint on the same cause of action before appropriate authority/Court/ Commission, as per law, after the said company i.e. M/s Jet Airways comes out of insolvency.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

14^th March, 2023 

                                                                                        Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER