Haryana

Ambala

CC/86/2018

Madhur Singal - Complainant(s)

Versus

Musafir.Com - Opp.Party(s)

Ashutosh Aggarwal

20 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                                                            

Consumer Complaint No	:	86 of 2018
Date of Institution	:	07.03.2018
Date of Decision	:	20.06.2018

1.       Madhur Singal S/o Sh.Suresh Kumar Singal, age 41 years, R/o H.No.5355/2, Punjabi Mohalla, Ambala Cantt.

2.       Kuldarsh Thapar S/o Sh.Parmod Chander Thapar, age 43 years, R/o B-IV-1586, Katra Nauhria, Near Dal Bazar, Ludhiana-141008.

                                                                                      ….Complainants

Versus

 

1. Musafir.com India Pvt. Ltd., HDIL, Kaledonia Building, 5^th Floor, Opposite Vijay Nagar, Sahar Road, Andheri (E), Mumbai-400 069 through its Director/Managing Director/CEO.
2. GO AIR-Head Office, Address-1^st Floor, C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai-400025 (Nearest Landmark-Deepak Talkie) through its Director/Managing Director/CEO.
3. Air Asia India Ltd., Kempegowda International Airport, Ground Floor, Alpha-3, Building, Devanhalli, Bangaluru, Karanataka-560300, through its Director/Managing Director/CEO.

 

                                                                ….Opposite Parties

 

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

BEFORE:             SH. D.N. ARORA, PRESIDENT

                             SH. PUSHPENDER KUMAR, MEMBER.

 

For the Parties:     Mr.Ashutosh Aggarwal, Adv., for the complainant.

              Ops No.1 and 3 already ex-parte.

             

ORDER

(D.N.Arora, President)

1. Brief facts of the case are that the complainant had had booked 8 Air Tickets on the website of OP NO.1 for travelling from New Delhi to Goa and return tickets from Goa to New Delhi against reference No.M-4TN5R for two families comprising two spouses and children. The complainants had deposited an amount of Rs.73,996/- and Rs.1264/- with the Ops for booking air tickets as per Annexure C-1) through credit card online. On 28.09.2017 at 3.17 PM (Annexure C-3), the complainant NO.1 requested the OP No.1 through email to cancel the tickets and demanded the refund of full amount on the ground that father of the complainant is not well and is in a critical stage as he being treated for cardiac and kidney problem. On 28.09.2017 at 7.11 PM, the complainant again requested the Op No.1 through email for refund of the deposited amount. After sending the mail, the Op No.1 advised the complainant to approach the Op No.2 directly and accordingly, the complainant No.1 sent a mail dated 29.09.2017 at 2.37 PM to the Op No.2 and a separate email was also sent to the OP No.1. After sending the email, the Op No.2 advised the complainant No.1 firstly to cancel the tickets and then follow up for refund of the balance of amount. The complainant did the same and got cancelled their tickets on 01.10.2017. The complainant informed the Op Nos.1 and 2 regarding the cancellation of the tickets through email on 04.10.2017 at 11.10 am. The Op No.1 sent an email dated 02.10.2017 at 12.28 pm to the complainant No.1 whereby it was informed that the request for payment of the full amount was declined by the Op No.3 i.e. Air Asia Airline and complainant No.1 was advised to speak with Airline on their toll free number i.e. 18605008000. The complainants contacted on toll free number but no response has been given by the Op No.3. The complainant No.1 again sent email to Op No.1 on 05.10.2017 at 12 PM wherein it was specifically asserted that please get the tickets cancelled and refund the full amount. On the same day i.e. 05.10.2017 at 6.22 PM the Op No.1 informed the complainant No.1 through email that Op No.2 has been told to cancel the tickets and the complainant No.1 would be updated once the tickets were cancelled. Then on the next day i.e. 06.10.2017 at 9.22 pm, the complainant No.1 asked from Op No.1 through email about the status of cancellation of the tickets.  on 07.10.2017 at 5.23 pm, the complainant No.1 informed by the OP No.1 through email that the complainant No.1 was eligible only Rs.30,596/- and also send the bifurcation detail of the amount  i.e. Rs.35,400/- as Airline charges, Rs.3200/- as non-refundable (Convenience fee), Rs.4800/- as processing fee and Rs.30,596/- as refund amount. On 07.10.2017 at 5.31 pm, the complainant No.1 again asked from the OP No.1 through email about the charges being deducted again as convenience fee/processing fee etc. on cancellation of tickets as those charges were already deducted once at the time of booking. On the same day i.e. 07.10.2017 at 5.29 pm, the complainant No.1 received an email wherein the OP No.1 refused to make the refund without deducting processing and convenience fee. Ultimately, the OPs did not refund the amount even has also not refund the amount as promised given by the Op No.1. This act and conduct on the part of the Ops amounts to deficiency in service. Hence, this complaint.
2. Notice was issued to the Ops through registered post but none has appeared on behalf of the Ops. It deemed to be served. Hence, the Ops were proceeded ex-parte vide order dated 01.05.2018.
3. The counsel for the complainant tendered the evidence by way of affidavit Annexure C-A  alongwith documents Annexure C-1 to C-19 and closed the evidence.
4. We have heard the learned counsel for the complainant and have also perused the record carefully and minutely.
5. Admittedly, the complainants had deposited the amount of Rs.75,260/- for purchase of tickets for travelling from New Delhi to Goa and from Goa to New Delhi as per Annexure C-1 but due to illness of complainant No.1’s father, he sent the email (Annexure C-3) to the OP No.1  for cancellation of tickets and refund of the tickets’ amount of Rs.75,260/-. After perusal of the email (Annexure C-3) and medical record of complainant No.1’s father (Annexure C-4 to C-8), it reveals that the complainants could not travel due to illness of complainant No.1’s father and prayer for refund of the amount to OP No.1. The Op No.1 also sent an email (Annexure C-17) dated 07.10.2017 to the complainant that it was asserted in the email that the complainants are entitled for only refund of amount of Rs.30,596/-. They have deducted the amount of Rs.35,400/- as Airline charges, Rs.3200/- as non-refundable/convenience charges and Rs.4800/- as processing fees.
6. After perusal of the file, documents reveals that the main grouse of the complainants is that the OPs wrongly deducted the amount of Rs.35,400/- as airline charges, Rs.3,200/- as non-refundable/convenience charges and Rs.4,800/- as processing fees. We are also perused the copy of the tickets voucher issued by the Op No.1 (Annexure C-1), the complainants have booked the tickets on 14.07.2017, boarding date was 02.10.2017 and request for cancellation of tickets was made on 28.09.2017. The complainants had admitted in their complaint that he had cancelled the tickets just three days before from travelling schedule i.e. on 02.10.2017. We have gone through the email (Annexure C-17) sent to the complainant with regard to assessment made for refundable amount by the OPs which is as under:

“Dear Mr.Singal

Greetings from Musafir.com !!!

Musafir.com would like to inform you that if you decide to cancel your trip, the amount you will be eligible for refund is INR.30596/-, bifurcation of the same is below.

Charges:INR.35400/-

Refundable Convenience Fee:INR.3200/-

Processing Fee: INR.4800/-

Refundable amount: INR.30596/-

Please re-confirm your cancellation by replying to this email.

Note: Cash backs and discounts will be reversed to your account in subsequent refund requests.

Your refund will be credited to your original form of payment anytime between 5 to 15 working days thereafter as per the rules of your trip. Please read our refund policy.”

However, the complainants have failed to produce any terms and conditions or refund policy that the Ops have illegally deducted the amount mentioned in the email wrongly assessed the refundable amount.

7. Moreover, the Ops No.1 to 3 did not appear to contest the claim of the complainant and preferred to proceed ex-parte which draws an adverse inference against them. The non-appearance of the Ops No.1 to 3 shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same is accepted as correct and deficiency in service on the part of the Ops No.1 to 3 is proved.
8. In the light of above observations, we are of the considered opinion that the complainant is entitled for refundable amount shown in the email (Annexure C-17) discussed in para 6 but OPs have failed to pay the abovesaid amount and they have used the hard earned money of the complainant, therefore, the present complaint deserves to be acceptance against the Ops and the same is partly allowed with cost which is assessed as Rs.5000/-. The Ops directed as under:-
   1. To pay Rs.30,596/- to the complainant alongwith interest @ 9% from the date of the complaint till its realization.
   2. To pay Rs.5000/- to the complainant towards compensation for mental agony, physical harassment and cost of litigation.

 

9. This order shall be complied with by the Ops jointly and severely within a period of 30 days from the date of receipt of certified copy of the order. A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

Announced on: 20.06.2018               Member                President