Punjab

Ludhiana

CC/21/347

Amandeep Singh - Complainant(s)

Versus

M/s RAB Tour & Travels - Opp.Party(s)

Sandeep Singh

06 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 347 dated 20.07.2021.                                                        Date of decision: 06.01.2023.

 

1. Amandeep Singh son of Dhanwant Singh, resident of Village Threeke, Ludhiana, Punjab.         
2. Prabhdeep Kaur Grewal daughter of Dhanwant Singh, r/o. Village Threeke, Ludhiana at present 33, Sussxvale Drive, Brampton, ON L6R 3R5 through her attorney Amandeep Singh son of Dhanwant Singh, r/o. Village Threeke, Ludhiana.                                                                                                                                                ..…Complainants

                                                Versus

1. M/s. RAB Tour & Travels, Office No.105, 1^st Floor, Arora Prime Tower, Adjoining President Hotel, Jalandhar City through its Director/Manager/Proprietor/Partners/Managing Person/Authorized Person. (Cont. No.0181-4642288/89)
2. M/s. Ganpati Enterprises, Old Sabzi Mandi Road, Near Kukakr Chowk, Opposite Durga Flour Mill, Jagraon, Distt. Ludhiana, Punjab through its Director/Manager/Proprietor/Partners/Managing Person/Authorized Person.
3. M/s. Air India Ltd., (Head Office), 113, Airlines House, Gurudwara Rakab Ganj Road, Parliament Street, Behind All India Radio, Delhi-110001 through its Directors/Manager/Proprietor/Partners/Managing Person/Authorized Person.

…..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act.

 

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants            :         Sh. Sandeep Singh Aulakh, Advocate.

For OPs                          :         Exparte.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

 

1.                The brief facts of the case are that sister of the complainant namely Prabhdeep Kaur Grewal is residing at Canada who came to India to meet her family. In the month of march 2021, sister of the complainant wanted to go back to Canada and for booking air tickets from Delhi to Toronto Canada, they approached opposite party No.2 and on the assurance of opposite party No.2, the complainant paid Rs.68,000/- in cash to opposite party No.2 for booking the air tickets. Opposite party No.2 booked the ticket for sister of the complainant bearing booking reference HSYJW, E-ticket No.0982135267759, Status: A1-187 from opposite party No.1 who is also in the business of tour and travels and opposite party No.2 handed over the air ticket to the complainant for the date 27.04.2021. In the meantime, due to COVID-19 all the flights had been stopped on 23.04.2021 till 23.05.2021, due to which air ticket was extended to 28.05.2021 and then further extended for 05.07.2021. Complainant No.2 was constrained to book another air ticket for going to Canada i.e. Delhi to Frankfurt and Frankfurt to Mexico City and from Mexico City to Toronto and spent an amount of Rs.1,75,000/-. Complainant No.2 left India on 20.06.2021 and reached Canada on 24.06.2021. Thereafter, complainant No.1 approached the website of Air India, from there  he came to know that all the tickets applicable for waiver which travel dates falls between 23.04.2021 till 23.05.2021. Complainant No.1 approached opposite party No.2 for cancellation of the air ticket and refund the amount of said air ticket. Opposite party No.2 firstly inspected the status of said air ticket and then came to know that the said air ticket is further extended to 24.08.2021. Then opposite party No.2 sent email to opposite party No.1 in this regard but opposite party No.1 refused to accept the said request of complainant No.1. Complainant No.1 also contacted opposite party No.1 and requested to cancel the air ticket and refund the price of the said air ticket and informed that his sister has already reached Canada by arranging another air tickets but opposite party No.1 flatly refused to accept his request and directed him to approach opposite party No.3.  Thereafter, complainant No.1 contacted opposite party No.3 and apprised him of the all facts and requested to cancel the air ticket and refund the amount thereof. Opposite party No.3 asked him to direct opposite party No.1 to send email for cancellation of air ticket and refunding of the amount and then opposite party will initiate for the said process. Complainant No.1 contacted opposite party No.1 and requested to send email for cancellation and refund of the air ticket but opposite party No.1 refused to accept his request and threatened of dire consequences. The complainants also served a legal notice dated 30.06.2021 to the opposite parties calling upon to cancel the ticket and refund the amount of the same and also to pay Rs.50,000/- as compensation for having suffered mental tension, harassment and agony but no positive response was received. Hence this complaint, whereby the complainants have sought direction to the opposite parties to cancel the air ticket of complainant No.2 and to refund the amount of the air ticket and also to pay Rs.50,000/- as compensation along with litigation expenses of Rs.10,000/-.

2.                Firstly the complaint was filed by Amandeep Singh brother of Prabhdeep Kaur Grewal. Later on, an application for amendment of complaint was filed which was allowed vide order dated 14.12.2022 whereby Prabhdeep Kaur was made co-complainant. The complainants filed amended complaint on 05.01.2023.

3.                Notice was sent to the opposite parties through registered post on 05.08.2021 but the same was not received back either served or unserved even after elapse of period of 30 days. As such, the opposite parties were proceeded against exparte vide order dated 21.10.2021.

3.                In support of their claim, complainant No.1 Amandeep Singh tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of tax invoice dated 03.02.2021 amounting to Rs.23,000/-  issued by opposite party, Ex. C2 is the copy of another tax invoice dated 15.10.2021 for Rs.11,700/- issued by Computer Point,   Ex. C3 to Ex. C5 are the copies of snapshot of messages, Ex. C6 and Ex. C7 are the photographs and closed the evidence.

4.                We have heard the arguments of the counsel for the complainant also gone through the complaint, affidavit and annexed documents produced on record by the complainant. 

5.                Complainant No.2 Prabhdeep Kaur, sister of complainant No.1 is now residing at Brampton IN Canada. In the present case, the ticket was booked by opposite party No.2 through opposite party No.1 and a sum of Rs.68,000/- vide receipt Ex. C1 and Ex. C2 was paid to opposite party No.1. In the meantime, due to COVID-19 all international fights were suspended from 23.04.2021 to 23.05.2021 and duration of air tickets were extended from 23.04.2021 to 23.05.2021 and it was further extended up to 05.07.2021. However, complainant No.2 had to book another air tickets for going to Canada and has to spent an amount of Rs.1,75,000/-. She left India on 20.06.2021 and reached Canada on 24.06.2021.

6.                The counsel for the complainants has drawn the attention of this Commission to the circular dated 26.04.2021 which provides for waiver off cancellation charges for a passenger who wants to cancel for the travel period falling between 23.04.2021 till 23.05.2021. Thereafter, both the complainants requested the opposite parties to cancel the tickets but they kept the matter pending on one pretext or the other. Even complainant No.1 approached opposite party No.3 i.e.  M/s. Air India Ltd. and requested for the refund of ticket amount but the opposite party intimated that in case opposite party No.1sends a request for cancellation, then they can initiate the process. Complainant No.1 again approached opposite party No.1 with request to send email to opposite party No.3 for cancellation of air ticket and refund thereof, but he did not respond favourable. Moreover, the exparte evidence of the complainants has gone unrebutted and uncontroverted. As such, the act and conduct of opposite party No.1 and 2 amounts to deficiency in service and unfair trade practice. In the given facts and circumstances, it would be just and proper if opposite party No.1 and 2 are directed to refund the amount of Rs.68,000/- along with interest @8% per annum from the date of filing of complaint till the date of actual payment along with composite costs of Rs.10,000/-.

7.                As a result of above discussion, the complaint is allowed exparte with an order that opposite party No.1 and 2 shall refund the amount of Rs.68,000/- to the complainants along with interest @8% per annum from the date of filing of the complaint till actual payment. Opposite party No.1 and 2 shall further pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainants. Compliance of the order be made within 30 days from the date of receipt of copy of order. However, the complaint against OP3 is dismissed. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

8.                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:06.01.2023.

Gobind Ram.

 

 

Amandeep Singh Vs M/s. RAB Tour & Travels              CC/21/347

 

Present:       Sh. Sandeep Singh Aulakh, Advocate for complainant.

                   OPs exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed exparte with an order that opposite party No.1 and 2 shall refund the amount of Rs.68,000/- to the complainants along with interest @8% per annum from the date of filing of the complaint till actual payment. Opposite party No.1 and 2 shall further pay a composite cost of Rs.10,000/- (Rupees Ten Thousand only) to the complainants. Compliance of the order be made within 30 days from the date of receipt of copy of order. However, the complaint against OP3 is dismissed. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

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

 Member                         Member                        President

Announced in Open Commission.

Dated:06.01.2023.

Gobind Ram.