Case No.CC/229/2020

              Date of Institution:-18.11.2020

                Order Reserved on :- 16.08.2024

           Date of Order :-19.11.2024

IN THE MATTER OF:

Sh.Surendra Mohan Arora

S/o Late Sh. G. D. Arora,

R/o 311, Plot-1, Sector-4,

Dwarka, New Delhi – 110078.

          …..Complainant

VERSUS

Pinki Tours and Travels

Block C-3, IInd

Wazirpur Industrial Area,

New Delhi – 110052.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant has booked two air tickets on 06.04.2019 bearing reference no. B311 and paid Rs.16,676/- (Rupees Sixteen Thousand Six Hundred Seventy Six) to the OP in respect of two way trip Delhi to Pune (12.12.2019) and Pune to Delhi (15.11.2019)by GoAir Airline, which is annexed as Annexure B.  The complainant has paid money online through net banking for the booking of air tickets to the OP which is annexed as Annexure C.  The complainant got his wife SeemaArora’s ticket cancelled for which cancellation PNR BCFZRK was issued by GoAirAirline for full refund.  On 20.12.2019, the complainant has informed the OP for refund of money against cancellation of the ticket. The complainant has requested OP to refund his money but the OP has not replied to the complainant. The complainant contacted GoAir Airline on 04.08.2020 and they confirmed that they have refunded total fare of the cancelled ticket to the OP on 10.12.2019.  The complainant tried to resolve the issue through its own level but the OP did not hear his grievances.  The complainant has sent a legal notice on 11.08.2020 but the OP has not replied to the complainant.  The complainant got cancelled the ticket and GoAir Airline has refunded full fare to the OP but the OP did not pay the amount to the complainant. Hence, this present complaint.
2. The complainant has prayed for refund of Rs.8,338/-alongwith Rs.30,000/- for mental agony and harassment.
3. OP did not appear despite due service and attend the proceedings before this Commission and the defence of OP was closed vide order dated 13.05.2022.
4. The complainant has filed ex-parte evidence and written arguments in support of his case.
5. On 16.08.2024, the case was listed for arguments.We have heard the complainant and perused the record.
6. We have considered the material on recordcarefully and thoroughly.
7. It is the case of the complainant that he had booked two air tickets on 06.04.2019 bearing reference no. B311 and paid Rs.16,676/- (Rupees Sixteen Thousand Six Hundred Seventy Six) to the OP in respect of two way trip from Delhi to Pune (12.12.2019) and Pune to Delhi (15.11.2019)by GoAir Airline.  The complainant has paid money online through net banking for the booking of air tickets to the OP.  The complainant got his wife SeemaArora’s ticket cancelled for which cancellation PNR BCFZRK was issued by GoAir Airline for full refund.  On 20.12.2019, the complainant has informed the OP for refund of money against cancellation of the ticket. The complainant has requested OP to refund his money but the OP has not replied to the complainant. The complainant contacted GoAir Airline on 04.08.2020 and they confirmed that they have refunded total fare of the cancelled ticket to the OP on 10.12.2019.  The complainant tried to resolve the issue through its own level but the OP did not hear his grievances.  The complainant has sent a legal notice on 11.08.2020 but the OP has not replied to the complainant.  The complainant has got cancelled ticket and GoAir Airline has refunded full fare to the OP but the OP did not pay the amount to the complainant.
8. The complainant has paid consideration Rs.16,676/- to the OP for two way trip alongwith his wife from Delhi to Pune (12.12.2019) and Pune to Delhi (15.11.2019) by GoAir Airline.  But ticket of his wife got cancelled by the complainant and GoAir Airline has refunded full fare to OP but the OP has not refunded the same to complainant. This act of OP apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
9. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.8,338/-(Rupees Eight Thousand Three Hundred Thirty Eight) alonwthRs.5,000/-as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from date of receipt of order.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 19.11.2024.