Punjab

Faridkot

CC/22/40

Amandeep Singh - Complainant(s)

Versus

Overseas Education and another - Opp.Party(s)

In person

03 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :                  40 of 2022

Date of Institution:     25.03.2022

Date of Decision :      03.01.2024

 

Amandeep Singh, aged about 35 years, son of  Sikander Singh r/o Village Sadiq, Tehsil and District Faridkot.

                                               .......Complainant

Versus

 

1. Overseas Educations, Samra Complex, College Road, Faridkot through its authorized person or proprietor.
2. Air India Ltd. Airlines House 113, Gurudwara Rekabganjl Road, New Delhi through its authorized person or signatory.

                     .......Opposite Parties

 

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:     Smt Kiranjit Kaur Arora, Presient,

                     Sh Vishav Kant Garg, Member.

 

Present:      Sh Amandeep Singh/ complainant in person,    

                  Sh Simerjeet Singh, Ld Counsel for OP-1,

                    Sh Bikramjit Singh, Ld Counsel for OP-2.      

* * * * * * * *

(ORDER) 

(Kiranjit Kaur Arora, President)

                                        Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OP seeking directions to OPs to refund the amount of Rs.44,000/-alongwith interest and to pay the amount of Rs.2,00,000/-as compensation for mental agony and harassment and financial loss to complainant besides litigation expenses of Rs.22,000/-.

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2                      Brief facts of the present complaint are that the complainant purchased one air ticket for Taranpreet Kaur having Passport No. S9211255 for travelling from Vancouver to New Delhi from OP-2 through OP-1 for Rs.2,58,000/-, but due to some unwanted circumstances, her plan to come to India cancelled and accordingly, complainant requested OP-1 to cancel the ticket and to refund the amount paid by complainant for purchase of said ticket. After long waiting of one month, OP-1 issued cheque for Rs.2,14,000/-to complainant and when complainant raised objection for not releasing entire amount, OP-1 assured to pay the remaining amount within few weeks, but thereafter, despite several requests and even service of legal notice to OPs to refund the remaining amount, OPs did not pay any heed to return the remaining amount of Rs.44,000/-. All this amounts to deficiency in service and trade mal practice on the part of OPs and has caused great loss to him for which he has prayed for compensation alongwith main relief. Hence, the  present complaint.

3                       The complaint was admitted after hearing and vide order dated 30.03.2022, notice was issued to Opposite Parties to appear in person or through representative to file reply to the complaint.

4                     OP-1 appeared in Commission through Counsel  after being served and filed reply taking preliminary objections that complainant is not their consumer as answering OP booked air ticket from third party Golden Educations, Moga on request of complainant and again on request of complainant Air India refunded the refundable

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amount of Rs.2,14,791/-to complainant. Answering OP discharged his liability by issuing cheque for Rs.2,14,791/-which was duly encashed by complainant and also paid Rs.800/-to him in cash and he is not liable for any other refund. It is further averred that no cause of action arises against answering OP and even complainant has no locus standi to file the present complaint and moreover, complaint filed by complainant is time barred. It is further averred that answering OP also showed information dated 03.01.2022  available on the website of Air India to complainant vide which if a fully unused ticket is cancelled and submitted for refund more than three days before the scheduled departure of the flight, 80% of the FR points used would be refunded whereas 20% of the points would be deducted as cancellation charges. Moreover, answering OP has given refund to complainant as provided by the Air India and if complainant has any issue regarding refund amount, then, he is required to take action against Air India as no liability is pending against answering OP. However, on merits, OP-1 has denied all the allegations levelled by complainant being wrong and incorrect and it reiterated the same pleadings as taken in preliminary objections. It is further submitted that there is no deficiency in service on the part of OP and prayed for dismissal of complaint with costs.

5                    OP-2 also filed written statement wherein denied all the allegations of the complainant being wrong and incorrect and asserted that complaint against answering OP is not legally maintainable and is liable to be dismissed. It is averred that complainant has not come to the

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Commission with clean hands and has suppressed the material facts as complainant purchased the said ticket from Ghai Travels, Jallandhar (who has not been made party in present complaint ) through OP-1 and thus, there is no direct privity of contract between complainant and answering OP. Answering OP refunded the amount of Rs.2,17,668/-after deduction of 135 Canadian dollars as deduction charges as per rules and regulations. Further averred that complainant purchased the ticket under YERTYVRI Fare Basis and thus deduction is applicable on this basis. It is denied that complainant purchased the said ticket from answering OP for Rs.2,58,000/-, rather complainant purchased the said ticket from Ghai Travels, Jallandhar through OP-1 for Rs.2,26,448/-and answering OP received only Rs.2,26,448/- and it has refunded the amount of Rs.2,17,668/-to complainant after making deduction of 135 canadian dollars as per ticket fare rules and regulations. OP-2 further stressed that it has received only Rs.2,26,448/-from complainant and after deducting Rs.8,780/-as per cancellation fare rules, refunded the amount of Rs.2,17,668/-to him. OP-2 brought before the Commission that there is no penalty or charges over the cancellation of a ticket of economy class if it is cancelled before one hour from the departure, but complainant has intentionally filed wrong documents to mislead the Hon’ble Commission. All the other allegations are denied being wrong and incorrect and prayer for dismissal of complaint with costs is made.

6                        Parties were given proper opportunities to prove their respective case. Ld Counsel for the complainant tendered into evidence

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affidavit of complainant Ex C-1, documents Ex C-2 to Ex C-8  and then, closed the same.

7                      To controvert the allegations of the complainant, ld counsel for OP-1 tendered into evidence affidavit of Lovepreet Singh as Ex OP-1/1 and then, closed the evidence on behalf of OP-1. Ld counsel for OP-2 also tendered into evidence affidavit of Sarabjit Singh Station Manager of Air India, Shri Guru Ram Das International Airport, Amritsar as ExOP-2/1, documents Ex OP-2/2 to Ex OP-2/4 and then, also closed the evidence on behalf of OP-2.

8                            We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents placed on the file.

9                             It is observed that case of the complainant is that he purchased one air ticket for Taranpreet Kaur for travelling from Vancouver to New Delhi from OP-2 through OP-1 for Rs.2,58,000/-, but due to some unwanted circumstances, her plan to travel cancelled and complainant got cancelled the ticket and requested for refund of the amount. After about one month, OP-1 issued cheque for Rs.2,14,000/-to complainant. Grievance of the complainant is that OPs did not refund the entire amount and despite several requests and even on service of legal notice, they did not return the remaining amount of Rs.44,000/-, which amounts to deficiency in service. On the other hand. Plea taken by OPs is that complainant is not their consumer as answering OP booked air

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ticket from third party Golden Educations, Moga on request of complainant and further on request of complainant Air India has already refunded the refundable amount of Rs.2,14,791/-to complainant. He has discharged his liability by issuing cheque for Rs.2,14,791/-which was duly encashed by complainant and also paid Rs.800/-to him in cash and he is not liable for any other refund. He has also showed information dated 03.01.2022  available on the website of Air India to complainant vide which if a fully unused ticket is cancelled and submitted for refund more than three days before the scheduled departure of the flight, 80% of the FR points used would be refunded whereas 20% of the points would be deducted as cancellation charges. On the other hand, stand taken by OP-2 is that complainant purchased the said ticket from Ghai Travels, Jallandhar (who has not been made party in present complaint ) for Rs.2,26,448/-through OP-1 and Air India received only Rs.2,26,448/-from complainant and it has already refunded the amount of Rs.2,17,668/-after deduction of 135 Canadian dollars as deduction charges as per rules and regulations.

10                      From the document Ex OP-2/2 placed on record by OP-2, there remains no doubt that Air India/OP-2 received Rs.2,26,448/-for ticket in question, and document Ex OP-2/4 is fully authentic that proves the fact that amount of Rs.2,17,668/-stands refunded to complainant on account of cancellation of said ticket. OP-2 is completely silent about this and has nothing to contradict the version of OP-2 and documents Ex OP-2/2 and Ex OP-2/4 placed on record by Air India /OP-2.

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11                           From the above discussion and keeping in view all documents and affidavits placed on record by respective parties, this Commission is of considered view that complainant is entitled get refund of remaining amount of Rs.44,000/-from OP-1, who received Rs.2,58,000/-from complainant for said ticket. There is no doubt that Air India sold the said ticket for Rs.2,26,448/- and made refund of Rs.2,17,668/-on account of cancellation of said ticket after deducting its charges partly allowed against OP-1 with directions to OP-1 to refund the remaining amount of Rs.31,552/-to complainant (Rs.2,58,000-Rs.2,26,448 = Rs.31,552/-)  and OP-1 is further directed to pay Rs.3000/-to complainant as consolidated compensation for harassment and mental agony suffered by him and for expenditure incurred by him on present litigation. Compliance of this order be made within 45 days of the receipt of the copy of the order.

12                       Complaint could not be decided within stipulated period due to heavy pendency of work and incomplete quorum. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in Commission :

Dated: 03.01.2024   

                     Member                         President                                                     (Vishav Kant Garg)         (Kiranjit Kaur Arora)