Orissa

Sambalpur

CC/31/2019

Sri Pritam Kumar Nanda - Complainant(s)

Versus

Sanjaya Bhasin, Co- Founder & Chief Operating Officer - Opp.Party(s)

Sri. K. jethi and associates

18 Oct 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 31/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Preetam Kumar Nanda,

S/O-Late Pradeep Nanda.

C/O-Jyotsna Mayee Mishra,

R/O- Qtr. No. F53/2, Near VSS Club,

PO/PS-Hirakud

Dist-Samblapur, Odisha.                                               ………..…..Complainant

 

Vrs.

1. Sanjay Bhasin, Co-Founder & Chief Operating Officer,

Goibibo, 5^th Floor, Good Earth City Centre,

Sector-50, Gurgaon-122018, Haryana(India).

2. Vikalp Sahni, Co-Founder & Chief Operating Officer,

Goibibo, 5^th Floor, Good Earth City Centre, Sector-50,

Gurgaon-122018, Haryana.

3. General Manager, Goibibo, 1004, 10^th Floor, DLH Park, S.V. Road, Gurgaon(W), Mumbai-400064.
4. Customer Relations Manager, Goibibo,
5.  

Sector-50, Gurgaon-122018, Haryana(India).………..Opp. Parties

Counsels:-

1. For the Complainant                   :-Sri. K.Jethi & Associates
2. For the O.P.s                                 :- Sri. A.K.Sahoo, Advocate & Associates

 

Date of Filing:25.06.2019,Date of Hearing :12.09.2022, Date of Judgement : 18.10.2022

           Presented by Sri. Sadanada Tripathy, MEMBER,

1. The Brief fact of the Complainant is that the Complainant had booked one online International Flight ticket for an amount of Rs. 90,931/- from the website of O.P No. 1 an O.P No. 2 i.e. styled as WWW.GOIBIBO.COM. The aforesaid Ticket was issued against the Booking Id: MYSMF288363618 and PNR-NATJ2E. On 17^th December,2018 the Complainant received one email from O.P. No.4, that Flight Schedule Change alert as received from the Airlines. On 3^rd January, 2019, the Complainant received one email from O.P No.4, that the booking PNR-NATJ2E is confirmed and that the Complainant has paid an amount of Rs. 90,931/- for the same. On 22^nd March, 2019, the Complainant received one email from O.P No. 4, that the booking PNR-NATJ2E is confirmed and that the Complainant has paid an amount of Rs. 90,931/- for the same. Due to some delay in technical issues in Transit Visa of the Complainant, the Complainant on 8^th April, 2019 requested O.P No. 3 and 4 for Break Up cancellation of his flight and against the receipt of the said request, the Complainant received an email from O.P No. 4 on dtd. 8^th April, 2019 acknowledging the receipt of request for cancellation of the flight ticket and therin O.P No. 4 assured to respond the Complainant within two hours or sooner but no contact was made from the end of the O.P No.4. On 9^th April, 2019, the Complainant received an email from O.P No. 4 acknowledging the full Cancellation of the international flight booking of the Complainant and therein assured to respond the Complainant within two hours or sooner but no contact was made from the end of the OP No. 4. On 10^th April, 2019, the Complainant received an email from one Akshay, employee of the OP wherein it was mentioned that in regards to the cancellation request of the Complainant, the AIRLINE will charge a penalty of Rs. 17,142/- and CF Rs. 699/- and GSF Rs. 649/-, Total Rs. 19,139/- will be deducted towards the cancellation charges which are applicable before 8 hours of the departure and rest amount will be refunded and asked the Complainant to respond to it and to which the Complainant responded to go ahead and cancel the flight. On 23^rd April, 2019, the Complainant received an email fro one Vishakha, employee of the OP wherein it was mentioned that in regards to the cancellation request of the Complainant, the reservation has been cancelled and the refund will take upto 14 working days to get initiated in the Complainants bank account. Thereafter waiting for 14 days the Complainant again on 8^th May, 2019, contacted O.P No. 3 and 4 but they gave again false assurance that the refund has already been initiated and will be reflected soon and asked the Complainant to wait for some days. On 25^th May, 2019, the Complainant received an email from O.P No. 4. The O.Ps have received the request of the Complainant for cancellation cash refund and therein the O.P No. 4 mentioned that will be responded within 2 hours or sooner but no contact whatsoever was made by O.Ps. On 26^th May, 2019, the Complainant received an email from one Narayan Dutt Tripathi, employee of the OPs wherein it was mentioned that in regards to the refund, the O.Ps have raised the refund from the airline and asked the Complainant to wait for 24 to 48 hours for the revert.  On 27^th May , 2019, the Complainant received an email from one Mohd. Hayatuddin, employee of the OPs wherein it was mentioned that in regards to the refund, the O.Ps have raised the refund from the airline and asked the Complainant to wait for 24 to 48 hours for the revert. On 31^st May, 2019, the Complainant received an email from O.Ps wherein it was mentioned that in regards to the refund, the O.Ps have raised the refund from the airline and asked the Complainant to allow some more time to validate the case and they will revert from the client. On 11^th June, 2019, the Complainant received an email from Mohd. Hayatuddin, employee of the OPs wherein it was mentioned that as per the Airlines approx 6 more weeks are required to validate the case and to refund the amount to the Complainant. On 23^rd June, 2019, the Complainant spoke to one Sonu Pandey, over the telephone number of O.P No. 3 and 4 who again asked the Complainant to wait for 4 hours for resolving the problem and crediting of the refund to the bank account of the Complainant. Against the telephonic call and request the O.Ps had sent an email on 23^rd June, 2019 to the Complainant assuring him to respond within 2 hours or sooner to which the OPs didn’t kept their words like previous instances. Again on 24^th June, 2019, the Complainant called the O.P No. 3 and 4 who refused to return the refund to the Complainant. There is an apparent negligence and deficiency of service on the part of the O.Ps.
2. The written Version of O.Ps is that the O.Ps are the managerial officials of Ibibo Group Pvt. Ltd., which acts as merely a facilitator for booking the confirmed air tickets/hotel bookings on behalf of its customers with the concerned service providers. The OPs upon the request received from its customer, forwards the same to the concerned service providers and upon receiving the confirmation from concerned service providers the Booking ID is generated and confirmed bookings is shared with the Customer. In this matter, Complainant’s issue is regarding the refund of the flight ticket amount, due to which Complainant allegedly suffered hardship and loss. The complainant himself has prayed in the Complainant for the refund of Rs. 71,792/-. The OPs being a consumer centric company has already refunded the amount of Rs. 8,3468.73/- to the Complainant which is more than the actual amount which was to be refunded on 04.08.2019 with bank ref. no 921640083740. So the present Complaint shall be dismissed with exemplary costs.
3.         From the above it is found that the OPs being a consumer centric company has already refunded the amount of Rs. 8,3468.73/- to the Complainant which is more than the actual amount which was refunded on 04.08.2019 with bank ref. no 921640083740 prior to the institution of the case.  Delay in refund amount i.e. 08.04.2019 to 04.08.2019 proves the deficiency in service of the O.Ps. The O.Ps failed to explain the cause of delay. Accordingly the Complainant is entitled for harassment and deficiency in service and complaint is partly allowed. The O.Ps are jointly and severally liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 2500/- within one month of this order, failing which liable to pay 12% interest of this order, failing which liable to pay 12% interest P.A. till realisation from date of order.

Order pronounced in the open Court today on 18^th day of Oct, 2022.

Free copies of this order to the parties are supplied.