a) credit the amount of Rs.3159/- with interest @ 24% p.a. to the complainant.
b) pay Rs.10,000/- as compensation for causing mental agony and harassment .
2. Registered notice issued to opposite party No.1 on dated 13.09.2021 not received back either served or unserved. Tracking details filed in which it had been mentioned that “item delivery confirmed”. Mandatory period of 30 days expired. Hence, opposite party No.1 was hereby proceeded against exparte vide order dated 13.10.2021.
3. Opposite party No.2 put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that the complainant successfully travelled on board the IndiGo Flight on 12.12.2020. The complainant successfully travelled on board IndiGo Flight NO. 6E-5022 from Bengaluru to Delhi on 03.03.2020. The complainant rescheduled her booking for the return flight from Delhi to Bengaluru several times and the same was lastly re-scheduled to travel for 12.12.2020. It was submitted that on 15.11.2020 the complainant contacted the Customer Care Team of InterGlobe Aviation Limited and requested for cancellation of her travel on board the IndiGO Flight and requested for a full refund of the booking amount of INR 3905/-. Accordingly, as per the complainant’s request the complete amount was processed to the complainant’s account on the same day i.e.15.11.2020. It was denied that the amount of INR 3159/- was still awaited to be transferred on part of InterGlobe Aviation Limited to the account of the complainant. It was submitted that the complete amount was processed to the complainant on the same date the cancellation of booking was requested by the complainant. As admitted by the complainant the amount of INR 3905/- was refunded in two tranches, i.e INR 746 and INR 3159/- and INR 746 had been received by the complainant while INNR 3,159/- had not been processed into the account by opposite party NO.1 despite the same being refunded to the account of the complainant on 15.11.2020. Henceforth, if there was any lis or grievance, the same was between the complainant and opposite party No.1 and not InterGlobe Aviation Limited. Opposite party No.2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties – Punjab National bank * Anr. with the prayer to: a) credit the amount of Rs.3159/- with interest @ 24% p.a. to the complainant. b) pay Rs.10,000/- as compensation for causing mental agony and harassment .
To establish his case the complainant has led in his evidence Ex.C!-1/A – affidavit of Monika Soni,, Ex.C-1 Air Ticket – Ex.C-2 to C-9 – emails, Ex.Ex.C-10 – statement of account, Ex.C-11 – Certificate u/s 65-B of Evidence Act.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties, Ex.RW2/A – affidavit of Shri Anmol Sood S/o Shri Arvind Sood working as Legal Counsel at InterGlobe Aviation Limited having its registered office at Upper Ground Floor, Thapar House, Gate No.2, Western Wing, 124 Janpath, New Delhi – 110 001 and corporate office at Tower C, Level 2, Global Business park, M.G.Road, Gurgaon, Haryana, Ex.RW2-1 – letter of authorization, Ex.RW2-2 – conditions of carriage also known as “IndiGo’s CoC’ form a binding and enforceable contract of carriage between IndiGo and Customers governing a Customer’s carriage by air and matters ancillary thereto. Rc.RW2-3 - - Flight information, Ex.RW2-4 to RW2-6 – comments summary,
7. It is evident from Ex.C-1 that the complainant has booked a “Round Trip” Air Ticket with opposite party No.2 from Bangalore to Delhi & Delhi to Bangalore vide single PNR No. JGPVTC. Because of grim Covid-19 Pandamic situation which was in its peak in Bangalore, airlines/opposite party No.2 had itself cancelled their flight of 12.12.2021 and offered to its customers either reschedule their itinerary or get their full refunds. Hence, the complainant choose to get his booking cancelled and with full refund. Consequently, airlines/opposite party No.2 processed refund of his full amount of Rs.3905/-. After initiation of process to refund his amount, performa opposite party No.2 bifurcated the amount of Rs.3905/- in two parts viz. 746+3159. The complainant received refund of Rs.746/- from performa opposite party No.2 but remaining amount was still awaited to be transferred to his account. On non receipt of refund of full amount from proforma opposite party NO.2, the complainant wrote a mail on 08.12.2020 at 3:35 p.m. to performa opposite party No.2 making a complaint of the incident. Performa opposite party No.2 replied to the above mail vide their mail dated 10.12.2020 at 11:22a.m. Intimating to the complainant that refund of the complainant had successfully been process from their end under TID Rs.3159/- Bank Ref.#200713079845 on 15.11.2020 vide Ex.C-3.The complainant written several emails to opposite party to refund the amount but to no avail. Having received no response from any corner from opposite party No.1 or their internal departments, the complainant reminded and followed up personally several times at the opposite party No.1-Branch situated at Neelam Bata Road, NIT, Faridabad and met the official of the Bank i.e Branch Manager but the Branch Manager of opposite party No.1 every time took different excuses in the name of conversion and merger of banks and system taking time to find out the pending systems. On 25.02.2021at 2:01p.m. proforma opposite party No.2 replied vide email dated 25.02.2021 and confirmed all refund details and raising their hands to take up all legal action against opposite party No.1 bank, if necessity arises. The complainant has been taking rounds of the opposite party No.1 bank to trace his refund amount but opposite party No.1 has not credited the amount of refund to his account at yet in his account NO. 0483011802788 available with opposite party No.1 vide Ex.C-10.
8. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is allowed. Opposite parties, are directed to:
a) credit the amount of Rs.3159/- alongwith interest @ 6% p.a. to the complainant from the date of filing of complaint till its realization.
b) pay Rs.1100/- as compensation for causing mental agony and harassment.
c) pay Rs.1100/- as litigation expenses.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 16.06.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
