Chandigarh

DF-II

CC/1125/2019

Ravinder Kaur - Complainant(s)

Versus

M/s Tata AIG Insurance company Limited - Opp.Party(s)

Adv. P.S.Sobti & Bharat Kawal

02 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	1125/2019
Date of Institution	:	20.11.2019
Date of Decision	:	02.03.2023

 

                   

           

 

Ravinder Kaur w/o Sh. Surjit Singh Khattar r/o H. No. 697(Duplex Villas) Gillico Villas & Gillco Valley, Sec-127, Kharar, District Mohali.

....Complainant.

Versus

1. M/s Tata AIG Insurance Company Limited, Branch Office SCO No. 232- 234, 2nd Floor, Sector 34A, Chandigarh.3

2.  M/s Tata AIG Insurance Company Limited Registered office: Peninsula Business Park, Tower A, 15" Floor, G.K Marg, Lower Parel, Mumbai-400013.

3. M/s Make My Trip India Pvt Ltd. 18th Floor-Tower A.B and 19^th Floor- Tower A,B,C Building No. 5 DLF Cyber City, DLF Phase III Gurgaon-122002.

…. Opposite Parties 

BEFORE:
		SHRI AMRINDER SINGH SIDHU,	PRESIDENT
		SHRI B.M.SHARMA	MEMBER
Present:-
	Ms.Gurkiran, Adv. Proxy for Sh.P.S.Sobti, Counsel of complainant Sh.Sahil Abhi, Counsel of OPs No.1 and 2. Ms.Kusum Kaushik, Adv. Proxy for Sh.Nitin Bhasin, Counsel of OP No.3.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant filed the present complaint under Section 12 of the Consumer Protection Act, 1986 pleading that Complainant approached OP No. 3 for arranging air tickets from Chandigarh to London and back from London to Chandigarh and OP No.3 arranged the air tickets from Jet Airways. Complainant paid a sum of Rs.51,208/- to OP No. 3 i.e. Make My Trip through online payment from his HDFC credit card. In order to cover the risk, complainant got travel insurance policy from OP No. 1 by making payment of Rs.4429/- in cash. As per the clause of the policy in case of cancellation of trip, OP No. 1 and 2 are liable to give benefits to the extent of dollars $1000 to the complainant. The period of benefit coverage was from 3rd of April 2019 till 30th of April 2019. The complainant was supposed to catch flight from Delhi to London at 01:05 pm on 3rd of April 2019. Therefore, complainant booked connecting flight from Chandigarh to Delhi scheduled on 3rd of April 2019 at 08:05AM. However, departure time was rescheduled from 08:05 AM to 11:05 AM on 3rd of April 2019 with short notice to the complainant. Therefore, complainant  cancelled her flight from Chandigarh to Delhi and travelled from Chandigarh to Delhi by his own car by hiring a driver and he has to spend Rs.5,000/- on account of petrol, driver, charges and toll tax etc. The complainant suffered physical and mental harassment on account of rescheduling of the flight from Chandigarh to Delhi. Complainant further pleaded that on 18th of April 2019, Jet airlines vide its message, informed the complainant that due to some operational reasons, Jet Airways cancelled the flight No. 9W121 from London to Delhi, scheduled on 25th of April 2019. Again, on 20th of April 2019, Jet Airways vide its message dated 20th of April 2019 informed the complainant regarding cancellation of flight No.9W639 schedule from Delhi to Chandigarh on 26th of April 2019. Complainant has to spend Rs.30,873/- extra for rebooking of the flight. The complainant has booked return journey from Delhi to Chandigarh, but due to cancellation of the above said flight complainant has to catch bus from airport to Chandigarh on 27th of April 2019, for which he has to spend Rs.705/- and Rs.500/- for local conveyance charges at Chandigarh apart from facing the physical and mental harassment on account of the cancellation of the flight. The complainant approached O.P No. 1 and lodged claimed of Rs.38,328/- incurred by the complainant for rebooking of tickets arranging his own conveyance. However, the genuine claim of the complainant was rejected by OP No. 2 vide letter dated 15th of May 2019, which was annexed as Annexure C-7. The rejection of claim by OP No. 1 is illegal and unlawful and clear-cut mal- trade practice. Lastly, the complainant made prayer that OPs be directed to pay Rs.37,078/- on account of amount spent by the complainant from her own pocket, along with compensation and litigation cost.
2.     After the service of notice upon OPs No.1 and 2, they appeared through their counsel and filed their written version to the complaint wherein they have taken preliminary objections that complainant had obtained Travel Insurance Policy bearing policy No.QB797345 dated 5th of March 2019, valid for the period dated 3rd of April 2019 till 30^th of April 2019. The claim intimation under the said policy was received on 3rd of May 2019 from Mr. Surjit Singh Khattar under the coverage of trip cancellation, claiming an amount of Rs.55,000/- on account of expenses incurred due to cancellation of connecting flights from Chandigarh to Delhi on 3rd of April 2019, from London to Delhi on 26th of April 2019 and from Delhi to Chandigarh on 27th of April 2019. On receipt of the claim intimation, the same was duly registered vide claim No. 0821440803A and it was processed based upon the documents/information provided by the complainant. On perusal of email intimation received on 3rd of May 2019 and documents submitted, it is noted that flight from Chandigarh to Delhi was Scheduled on 08:05am on 3rd of April 2019 was not cancelled but the departure time was rescheduled to 11:05am on 3rd of April 2019. Complainant herself Suo Motto cancelled the flight from Chandigarh to Delhi scheduled on 3rd of April 2019 and she travelled from Chandigarh to Delhi by her own car. In order to avoid risk of missing a flight scheduled for Delhi to London 3rd of April 2019, at 1:05 PM. It was submitted that the reason of flight cancellation holds no coverage under the terms and conditions of policy. Further flight scheduled on 25th of April 2019 from London to Delhi was cancelled due to some operational reasons. The opposite party replied that it is evident from facts that flight from Delhi to Chandigarh was not cancelled by airlines but the departure was rescheduled due to which complainant, herself cancelled the flight and travel to Delhi by her own car. Hence, the same will not fall within the scope of Trip Cancellation as detailed below. Section 16 of the policy is reproduced as under:-

“Section 16: Trip Cancellation

 

    We will pay the loss of deposits up to maximum amount stated in the policy schedule or the schedule of benefits”, if prior to the contracted departure date your trip is cancelled and you are prevented from taking the trip due to sickness injury or death to: you, your travelling companion; your immediate family member, or your travelling companion’s immediate family member under the circumstance described in a Hazard during the course of an insured journey. The deductible in respect of this benefit will be applicable if any, and shall be of an amount as specified in the schedule of this policy.”

 

         OPs No.1 and 2 replied that claim has been rightly repudiated and the grounds of repudiation are legal, valid and enforceable and are in accordance with the terms and conditions of the policy. OPs No.1 and 2 denied all the allegations made against them in the complaint, and lastly prayed to dismiss the complaint along with costs.

3.           In its reply to the notice, OP No.3 submitted to the commission that the complaint is bad for non-joinder of necessary parties. It has further been stated that OP No.3 acts as merely a facilitator for booking the confirmed air tickets/hotel bookings on behalf of its customers with the concerned service providers.  That any person intending to purchase any product or avail its services, is governed by the terms and conditions of the User Agreement. Further, the intended traveler at the time of booking of the tickets also duly consent and adheres to its cancellation policy as well as the Airlines. It has been admitted by the complainant that Op No.3 had duly issued the confirmed tickets to the complainant for which the complainant availed the services of OP No.3. It has further been stated in case of any cancellation or rescheduling of the tickets or any bookings by the airlines, which is not in the control of OP No.3, the concerned Airlines shall refund or reschedule the tickets or bookings in lieu of charges duly agreed upon at the time of making the bookings. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, OP No.3 prayed for dismissal of the complaint.
4.           In its reply to the notice, OP No.3 submitted that the complaint is bad for non-joinder of necessary parties. It has further been stated that OP No.3 acts as merely a facilitator for booking the confirmed air tickets/hotel bookings on behalf of its customers with the concerned service providers.  That any person intending to purchase any product or avail its services, is governed by the terms and conditions of the User Agreement. Further, the intended traveler at the time of booking of the tickets also duly consent and adheres to its cancellation policy as well as the Airlines. It has been admitted by the complainant that Op No.3 had duly issued the confirmed tickets to the complainant for which the complainant availed the services of OP No.3. It has further been stated in case of any cancellation or rescheduling of the tickets or any bookings by the airlines, which is not in the control of OP No.3, the concerned Airlines shall refund or reschedule the tickets or bookings in lieu of charges duly agreed upon at the time of making the bookings. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, OP No.3 prayed for dismissal of the complaint.
5.     The complainant filed replications to the respective written replies of the Opposite Parties controverting their stand and reiterated her own.
6.     The parties filed their respective affidavits and documents in support of their case.
7.     We have heard the Counsel for the contesting parties  and have gone through the documents on record, including written submissions.
8.     The main issue involved in the present complaint is, whether OPs No.1 and 2 repudiated the claim of the complainant, arbitrarily or legally?
9.     To find out the answer to the issue involved in the present complaint, the terms and conditions of the policy are important. Section 16 of the policy is reproduced as under;-

“Section 16: Trip Cancellation

  We will pay the loss of deposits up to maximum amount stated in the policy schedule or the schedule of benefits”, if prior to the contracted departure date your trip is cancelled and you are prevented from taking the trip due to sickness injury or death to: you, your travelling companion; your immediate family member, or your travelling companion’s immediate family member under the circumstance described in a Hazard during the course of an insured journey. The deductible in respect of this benefit will be applicable if any, and shall be of an amount as specified in the schedule of this policy.”

 

10.     OPs No.1 and 2 replied that claim has been rightly repudiated and the grounds of repudiation are legal, valid and enforceable and are in accordance with the terms and conditions of the policy.
11.     Section 16 of the policy make it clear that the claim under Trip Cancellation is admissible only if the trip is cancelled by the insured prior to departure date on account of sickness, injury or death to the insured or her travelling companion or any immediate family member of the insured or her travelling companion under the circumstances described in a hazard during the course of an insured journey. In the instant case, the flight of the complainant was cancelled by herself due to re-scheduling of time from 8.05 AM to 11.05 AM on 03.04.2019 by the airlines and hence the trip cancelled was not covered under the terms and conditions of Section 16. Hence, OPs No.1 and 2 repudiated the claim of the complainant rightly as per terms and conditions of the policy.
12.     In view of the above discussion, the complaint being without any merit is dismissed.
13.     The pending application(s) if any, stands disposed of accordingly.
14.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced 02/03/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER