BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.19 of 2019
Date of Instt. 15.01.2019
Date of Decision: 29.12.2020
Shifali Singla W/o Rishi Aggarwal, R/o Mohalla no.18, Jalandhar Cantt., Jalandhar.
..........Complainant
Versus
1. Musafir.com India Private Limited, HDIL, Kaledonia Bldg, 5th Floor, Opp. Vijay Nagar, Sahar Road, Andheri (East), Mumbai 400 069 India Through its Director.
2. Airindia.in C/o Air India Limited, 113, Airlines House, Gurudwara Rakabganj Road, Parliament Street, Delhi-110001 Through its Manager.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Amit Jindal, Adv. Counsel for the Complainant.
OPs exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that on December 2017, the complainant with her husband and brother planned to travel from Pune to Chandigarh and thereafter, booked airline tickets through Musafir.com, i.e. OP No.1 of Airline Company Air India OP No.2. That the above said flight bearing Trip No.M-56MF5 was booked by the OP No.1 and 2, as the complainant paid total amount of Rs.27,123/- i.e. Rs.9041/- per ticket. That on 21.12.2017, the complainant boarded a direct flight of OP No.2 from PUne Airport to Chandigarh Airport. But instead of arriving the flight at Chandigarh, the OP No.2 dropped the complainant at Delhi Airport, due to some technical issues. Then the employee of Air India informed and even as per the policy of OPs, that if there is technical issue on their side, then the OPs have to return the whole amount to the customer. Thereafter, the complainant hired a taxi for Rs.5000/- to Chandigarh, as their car was at Chandigarh and then the complainant went through here from Chandigarh to Jalandhar. This journey of 11 hours created a mental and physical fatigue to the complainant. The complainant has married few months prior to this journey and it was so much planned through this journey, but all those plans got ruined because of act of OP No.2. thereafter, the OP raised refund amount number i.e. RA-0500053928, RA-0500053929 and RA-0500053925, regarding the total refund of the amount, which was earlier paid as tickets to OPs No.1 and 2. That the complainant paid the amount to the OP No.2 through OP No.1. Therefore, on 09.01.2018, the complainant contacted OP No.2 filed the claim of Rs.27,123/- of three tickets. That the web portal i.e. O PNo.1 reverted back in few hours that had already raised the same for full refund with bearing No.PNR-DNZUK for trying no.M-56MF5 and then again main on 11.01.2018 and 22.01.2018 and then they reverted back on 08.02.2018 that it might take one month for refund. That thereafter, the complainant after more than three months of deficiency in service by OP No.1 and 2 contacted on 08.04.2018, even the complainant especially travelled from Jalandhar to New Delhi for enquired about the status of claim, through private taxi for which the complainant paid Rs.10,000/- for up and down journey, but OP No.2 gave false assurance for taking speedy action upon the refund of the amount. Then the employee of OP No.2 guided the complainant for filing the complaint/claim through email. That on 09.04.2018, the complainant emailed the OP No.2 for enquiring the status of refund filed by the OP No.1 to the OP NO.2. Then the OP No.2 denied any refund raised by the web portal. That on 13.04.2018, the OP No.1 replied that OP has already raised RSA i.e. refund to Airline Company OP No.2. The complainant reverted back on same day and informed about the OP about her legal and fundamental rights to OP. But again, the OP harassed the complainant for the unprofessional services and misconduct of OPs. That on 26.04.2018, the complainant got shocked after receiving the email of OPs. The OP No.1 mailed to the complainant that OP have raised a partial amount refund to OP No.2 i.e. of Delhi to Chandigarh. Since, it was mistake and deficiency in service upon the part of OPs and through their channel and even though it was a direct flight not a connecting flight, then how OP No.1 can raise a partial refund to OP No.2. Even without the consent of the complainant. The complainant reverted back on the same day and denied the bad tactics of OPs for keeping the hard earned money of the complainant. That on 29.04.2018, the OP No.1 reverted back to the complainant that the vendor of OP No.1 is in contact with the OP No.2 and raised the partial refund from Delhi to IXC (Chandigarh). That on 11.05.2018 the complainant mailed to OP for any update, but the OP No.2 did not replied for the request raised by the complainant and again on 17.06.2018, the complainant mailed OP, but OP did not reverted back, which shows the deficiency in service and unfair trade practice of OP No.1 and 2 towards the complainant. That on 08.08.2018, the OP No.1 mailed the complainant that the partial refund has been raised of Rs.6525/-, which is not acceptable by the complainant, as it is unfair trade practice by the OPs No.1 and 2 and there is great deficiency in service by OPs No.1 and 2, because the flight was from Pune to Chandigarh not Pune to Delhi. That due to the above said act and conduct of the OPs, the complainant had felt harassment and also suffered a financial loss and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.27,123/- as paid by the complainant with 18% per annum interest and further OPs be directed to pay Rs.1,00,000/- for mental and physical harassment and also directed to pay Rs.20,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service OPs miserably failed to appear and ultimately, both the OPs were proceeded against exparte.
3. In order to prove his version, the counsel for the complainant produced on the file his respective evidence.
4. We have heard the argument from learned counsel for the complainant and also gone through the case file very minutely.
5. Precisely, the case of the complainant is that she had booked three airline tickets through Musafir.com i.e. OP No.1 from Pune to Chandigarh for Rs.27,123/- i.e. Rs.9041/- per ticket and the flight is direct flight, but instead of arriving the flight at Chandigarh, the OP no.2 dropped the complainant at Delhi airport, due to some technical issues. As per the assurance of employee of Air India, if there is technical issue on their side, then the OPs have to return the whole amount to the customer. Thereafter, the complainant hired a taxi for RS.5000/- to Chandigarh as her car at Chandigarh and then she went to Jalandhar. Thereafter, the OP raised refund amount number regarding the total refund of the amount, which was earlier paid, but OPs failed to return the same. Complainant especially travelled from Jalandhar to New Delhi for enquired about the status of the claim, through private taxi, for which the complainant paid Rs.10,000/-, but OP totally failed to return the amount. On 26.04.2018 complainant received an email from OP, wherein stated that OP have raised a partial amount refund to OP No.2 i.e. Delhi to Chandigarh, then complainant mail to OP for any update, but the OP No.2 did not replied for the request raised by the complainant and again on 17.06.2018, the complainant mailed OP, but OP did not reverted back, which shows the deficiency in service and unfair trade practice of OPs No.1 and 2. That on 08.08.2018, the OP No.1 mailed the complainant that the partial refund has been raised of Rs.6525/-, which is not acceptable by the Complainant as it is unfair trade practice by the OPs No.1 and 2 and there is great deficiency in service by OPs No.1 and 2, because the flight was from Pune to Chandigarh not Pune to Delhi and as such the present complaint filed by the complainant.
6. The factum above noted are required to be falsified by the OPs by appearing in the Forum, but for the best known reason, the OPs did not come present to meet the grievances of the complainant and accordingly, we find that the version of the complainant, which is un-rebutted and un-challenged is required to be accepted and accordingly, hold that the complainant is entitled for the relief claimed.
7. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to pay Rs.27,123/-with interest @ 6% per annum from the date of filing complaint, till realization and further OPs are directed to pay compensation and litigation expenses to the complainant for causing mental tension and harassment, to the tune of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Kuljit Singh
29.12.2020 Member President
