Haryana

Ambala

CC/272/2021

Ashish Sharma - Complainant(s)

Versus

One 97 Communications Ltd - Opp.Party(s)

Anita Sharma

06 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	272 of 2021
Date of Institution	:	01.09.2021
Date of decision	:	06.02.2023

Ashish Sharma, S/o Sh. D.S. Sharma, R/o House No.3425, Kacha Bazar, Near Telephone Exchange, Ambala Cantt - 133001

……. Complainant.

                                                Versus

1. One 97 Communications Limited (Paytm), Main Office-B-121, Sector-5, Noida (UP), Pin Code - 201301. Through its CEO and President Vijay Shekhar Sharma,

 

2. Vijay Shekhar Sharma, (CEO and President of One 97 Communications Limited (Paytm), Main Office B-121, Sector-5, Noida (UP), Pin Code-201301

 

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Complainant in person.

                   Shri Mohd. Naim, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

1.                 Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following directions to them to pay differential value of Rs.4,710/- paid by the complainant for re-booking of two air tickets in the same flight and Rs.50,000/- for harassment suffered by the complainant and the cost of Rs.5,000/- for legal notice and legal expenses of Rs.10,000/- incurred by the complainant, on account of deficiency in service and adoption of unfair trade practice by the OPs. And grant any other relief which this Hon’ble Commission may deems fit.

2.           The facts in brief are that the OPs are doing e-commerce business in India in the name and style of 'Paytm'. The complainant is regular customer of OPs and he has been doing number of commercial activity through its website/web portal named "Paytm" since last 3-4 years. On 25th January 2020 complainant booked an Air ticket Vide booking id 10198716808. This Ticket was booked through OPs Website/App and ticket was booked from Chennai to Delhi for 10^th  April 2020 from Air India for 4 family members of the complainant and Rs.13652/- was paid by the complainant for this booking. Due to spread of Noval Corona Virus (Covid -19) in India, Government announced Lock down in entire country on 22nd March 2020 hence all scheduled flights were cancelled by the Government and due to this, previous ticket which was booked by the complainant from Chennai to Delhi on 10^th  April 2020 also got cancelled automatically. Later on Government announced after Lock down that "Passengers whose tickets were cancelled due to lock down, can re-schedule the journey ticket without any extra charges or claim full refund. Complainant called the OPs  helpdesk and it was confirmed by them that both options are available as ticket was automatically cancelled by the Government / airport authorities due to Covid -19 as well as due to lockdown in the entire country. It was also confirmed by the helpdesk of OPs "Paytm" that complainant can re-scheduled the ticket directly from service provider i.e. Air India. The complainant chose first option and re-scheduled his journey on 25th March, from Chennai to Delhi for 30th December 2021 from "Air India" Flight. Tickets of all 4 family members of the complainant were re-scheduled by the complainant and its confirmation mail was sent by Air India to the complainant on 25th March 2021. PNR No. of this re-schedule ticket was J75JC. On 6^th July 2021 the complainant was in process to book another air ticket for further journey and he was shocked to see that his Air ticket, which was re-scheduled by him for all 4 members of his family from Chennai to Delhi for 30th December 2021 was partly cancelled. All 4 Tickets were rescheduled by Air India but their website was showing only 2 passengers booking confirmation instead of 4 passengers. It was confirmed by the Air India helpdesk that the re-scheduled ticket was partially cancelled on the request of Paytm after re-schedule. The complainant immediately contacted help line number of the OPs  and raised inquiry in the matter but OPs  helpline could not give any satisfactory reply. The complainant further called Air India and it was confirmed by them that refund of this partially cancelled ticket was sent to OPs as ticket was booked through the OPs. Complainant again contacted OPs help line and it was told by the representative of OPs that a message link was sent to complainant's mobile number by 'Paytm'. But when the complainant tried to use this link option to claim refunded amount then OPs system showed that link has expired. The complainant again contacted OPs helpdesk number and submitted request for refund but their representatives always tried to linger on this claim by taking different pleas and he sent mail on the customer care mail id, the OPs replied that "Please note we have already processed the refund of 6426 to your NEFT account. Time taken by your bank to reflect the amount is beyond our control." The OPs  had replied that refund already processed through NEFT and time of NEFT settlement is 2 Hrs but till 10th July 2021 neither the amount was reflected in account of the complainant nor OPs  "Paytm" provide any UTR code of NEFT Transfer of the said refund. The complainant again sent an mail and requested to provide UTR Code (Money Transfer Code) so that issue can be taken-up with concern bank i.e. HDFC but to no avail. The complainant booked fresh two tickets with premium price i.e. 5568/- per person and by this way he paid extra amount of Rs. 4710/- for OPs fault and negligence in the service. The complainant sent a legal notice to OPs on 10.07.2021, whereafter, though they transferred the refund of two cancelled ticket of Rs.6826/- through NEFT but did not pay the difference amount which the complainant had to pay extra and did not settle the whole claim of complainant. The OPs are liable to pay differential amount of Rs. 4710/- (Premium Amount) which was paid extra by the complainant for booking of 2 tickets in the same flight of Air India which was cancelled by the OPs  without instruction of the complainant alongwith interest, compensation etc. Hence, the present complaint.
3.           Upon notice, the OPs appeared and filed written version and raised similar preliminary objections with regard to maintainability, not come with clean hands and suppressed the material facts and jurisdiction etc. On merits, while admitting factual matrix of the case, regarding booking of the tickets by the complainant, details of which have been given in the complaint, it has been stated that  the complainant raised a query for full refund on 16.2.2021 stating that his flight was cancelled for which the OPs  shared the rescheduling and cancellation policy with the complainant. Refund payout link was shared by the OPs  to the complainant on 21.5.2021 and 24.6.2021 which got expired. The reason for the refund of payment link to expire is that the user/ customer/ complainant did not utilize the same on time and every payment link had an expiry date. So this is the fault of complainant/customer who had not utilized the said payout link and the same was admitted by the complainant in his complaint in para no.11. The OPs again shared a refund payout link with the complainant on 16.7.2021 for refund of Rs.6,826/- and by using it the complainant opted for a refund of his alternative bank account. Thus, three times payout link was shared by the OPs to the complainant. Thereafter, utilizing/using of the third payment link by the customer, the amount of Rs.6,826/- was successfully transferred to the bank account of complainant/customer on 16.7.2021 vide RRN No.119715811159 for Order ID No.10198716808. Thus, four tickets were booked by the complainant and out of four tickets, two tickets were re-scheduled and for another two tickets, the refund of Rs.6,826/- after adjusting cashback has been initiated vide RRN No.119715811159 for Order ID No.10198716808. The complainant booked two tickets with premium price i.e. Rs.5568/- per person himself and for booking premium ticket, the OPs are not responsible for paying extra amount of Rs.4710/-. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with exemplary costs.
4.           Complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-12 and closed the evidence of the complainant. Learned counsel for the OPs tendered affidavit of Jitender Kumar, Authorized Representative of the OPs,  having its office at B-121, Sector 5, Noida-201301 as Annexure OP-A alongwith document Annexure OP-1 and closed the evidence on behalf of the OPs.
5.           We have heard the complainant in person and learned counsel for OPs No.1 and 2 and have also carefully gone through the case including the written arguments filed by the complainant.
6.           Complainant submitted that in the first instance by delaying the refund of the amount towards arbitrary cancellation of two tickets and at the same time, by not paying the differential amount towards purchase of the fresh tickets for the journey to be performed by him alongwith his family members on 30.12.2021 in the same flight,  the OPs have indulged into unfair trade practice and are also deficient in providing service
7.           On the other hand, learned counsel for the OPs, while reiterating the contents of reply of their written version justified the delay in refunding the amount towards cancellation of two tickets of the complainant and submitted that since the complainant himself has purchased the premium tickets, as such, he is not entitled for refund of the same. 
8.           Since the complainant has restricted his claim only to the extent of refund of Rs.4710/- paid by him towards differential amount for the two tickets purchased by him for 30.12.2021 in the same flight in which his family members were to travel, alongwith compensation and litigation expenses, as such, the only moot question which needs to be decided by this Commission is as to whether he is entitled for refund of the said amount or not? It may be stated here that payment of extra amount of Rs.4710/- by the complainant for booking of two  tickets for 30.12.2021, in the same flight, in which,  the other members of the  complainant were  to travel, is not disputed by the OPs. It is also not in dispute that in the first instance, the complainant had booked four tickets (family members including complainant)  from Chennai to New Delhi for 10.04.2020, yet, on account of Covid, they requested the OPs to postpone their journey of four tickets to 30.12.2021. However, it is also not disputed by the OPs that though the complainant had requested postponement of all four tickets for 30.12.2021, yet, the OPs without any consent, cancelled two tickets and postponed only two tickets out of the four tickets.  Neither in the reply nor at the time of arguments, the OPs have justified their stands of cancelling the two tickets out of four, without any consent of the passengers. Thus, in our considered opinion, it was on account of act and conduct of the OPs, that the complainant has to again book two tickets after making premium amount of Rs.4710/-, so that all the family members are able to travel in the same flight. Thus, in our considered opinion, the complainant is entitled to get an amount of Rs.4710/- from the OPs because had the OPs not cancelled the two tickets arbitrarily, the complainant would not have been forced to pay the said additional amount towards the said tickets. 
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-

1. To refund the amount of Rs.4710/-, to the complainant.
2. To pay lumpsum amount of Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant and also litigation expenses.

 

The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which the OPs shall pay interest @5% per annum on the awarded amount, for the period of default, till realization. Certified copies of the order be sent to the parties concerned as per rules.File be annexed and consigned to the record room.

 Announced:- 06.02.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President