Per Smt. Kanchan S. Gangadhare, Hon’ble Member

The Complainants are the senior citizens residing at Chembur, Mumbai at the address mentioned in the clause title of the complaint. The Opponent No.1 is an airline carrier company and Opponent No.2 is the Chairman and Managing Director of Opponent No.1.

Brief facts of the complaint are as under

1)       According to the complainants, they booked two airline tickets on 24^th June 2020 from Mumbai to Pondicherry via Bangalore for a scheduled flight dated 1^st July, 2020.  The complainants made payment of Rs.6,848/- per ticket total amounting to Rs.13,696/- using a credit card. The opponents confirmed the tickets with the PNR numbers EDHP5A and ODSC5Q for Complainant No.1 and 2 respectively.

2)       The complainants received an email from the opponents on 27^th July, 2020 informing them that the said flight was cancelled and due to security reasons their policy does not permit the cancellation of any booking through an email request.  Thereafter, the opponents sent another email on 29^th June, 2020 informing that the said tickets will be maintained in a credit shell which can be used to make a fresh booking for travel till 31^st March, 2021 for the same passengers. 

3)       The complaints through an email dated 28^th June, 2020 informed the opponents that they did not have any plans for travel and were not interested in the credit shell of the opponents. Therefore, the complainants requested to refund of the full amount paid for the tickets. The complainants sent many emails from 10^th September, 2021 to 2^nd February, 2022 to the opponents requesting a full refund of the said tickets along with the interest. The opponents always reply positively to refund the amount and ask to wait till the completion of the formalities. Thereafter, the opponents sent mail on 28^th June, 2021 and requested the complainants to furnish their bank details to refund said ticket booking amount. The complainants immediately sent their bank details to the opponents. However, they did not take any further steps to refund the amount. 

4)       Upon not receiving any satisfactory reply from the opponents, the complainants lodged the complaint with the Nodal Officer of the opponents. However, the nodal officer replied in the same manner as the opponents that your complaint is under process and the concerned department is looking into the same. On 21^st January, 2022, the opponents asked the complainants to share the copy of the cancelled cheque to initiate the online process by way of it as bank transfer has rejected. The complainants immediately shared the cancelled cheque with the opponents but they did not get the refund of the ticket amount.

5)       The Complainants sent legal notice through their advocate to the opponents which remained unanswered. Being aggrieved by the deficient and careless service by the opponents, the complaints constraint to file the present complaint before this Commission to get the full refund of the amount of Rs.13,696/- with interest at the rate of 9% per annum, compensation of Rs.1,50,000/- towards mental agony and Rs.50,000/- towards litigation charges.

6)       The opponents are duly served with the notice accordingly they appeared before this commission and filed its written version on 7^th February, 2023.

Written version of the opponent

7)       According to the opponents, allegations made in the complaint are false, frivolous, misconceived and not valid hence, deserves to be dismissed. There is no deficiency in service on the part of the opponent.

8)       The opponents were constrained to cancel all its flights from March 2020 onwards as per the directions of the Government of India due to the outbreak of Covid-19.  Consequently, the flight in question was also cancelled and the amount paid by the complainants was kept in credit shell as per the directions of DGCA and Hon'ble Supreme Court of India. The cancellation in the present case was due to the reasons and circumstances which were beyond the control of the opponents. As per the request of the complainants, to refund the amount of the ticket, the opponents tried to transfer the amount of the said tickets in the account provided by the complainants. However, the transaction was refused with the remarks 'account does not exist'. Again, on 2^nd January, 2023, transaction was declined with the remark 'incorrect account details'. The opponents are still ready and willing to refund the said entire amount provided the complainants provides their correct and active bank account details. As per civil aviation requirements issued by the DGCA on 6^th August, 2010, relating to cancellation of flights, the operating airlines liability for compensation does not arise when the delay/cancellation of flight is on account of unforeseen circumstances and the reasons which are beyond the power and control of the airline. In the present case, the reason for cancellation was beyond the control of the opponent Airlines. Hence, the opponents requested to dismiss the complaint with costs.

9)       Documents filed by the complainants:- Affidavit of evidence, flight tickets, email correspondence with the opponents etc.

10)     Documents filed by the opponents- Civil Aviation Guidelines etc.

11)     In view of the above facts and considering the complaint, evidence affidavit, documents on record and arguments of both the sides, following points arise for our determination and our findings thereon as are under :

REASONING

12)     It is clear from the flight tickets filed at Exh ‘A’ and ‘A-1’ that the complainants booked two airline tickets of O.P.No.1 Spice Jet Airlines on 24^th June, 2020 from Mumbai to Pondicherry via Bangalore for a scheduled flight dated 1^st July, 2020.  The complainants made payment of Rs.6848/- per ticket total amounting to Rs.13,696/- using a credit card to O.P.No.1. The flight number was SG 497(Bom-BLR) and SG 3419(BLR-PNY). The opponents confirmed the tickets with the PNR numbers EDHP5A and ODSC5Q for complainant No.1 & 2 respectively.

13)     It is admitted fact that the opponents cancelled the said flight and sent email on 28^th June, 2020 informing due to security reasons and their policy does not permit the cancellation of any booking through an email request. Therefore, the opponents informed the complainant by email on 29^th June, 2020 that the said tickets will be maintained in a credit shell which can be used to make a fresh booking for travel till 31^st March, 2021 for the same passengers. The complainants have filed both these email at Exh. ‘B’ on Page No.31 and Exh. ‘C’ on Page No. 32 respectively. Thereafter, the complainants informed the opponents that they did not have any plans for travel and were not interested in the credit shell of the opponents. Therefore, the complainants requested to refund the full amount paid for the tickets. The complainants have filed this email dated 10^th September, 2021 at Exh.‘D’ on Page No.33.

14)     The O.P.No.1 is not disputing to refund the ticket amount and ready and willing to pay it. However, the main O.P.No.1 did not credit the refund in the bank account of the complainants.  The complainants sent many emails from 10^th September, 2021 2^nd February, 2022 to the O.P.No.1 requesting a full refund of the said ticket amount along with the interest. The O.P.No.1 replied positively to those email and showed their willingness to refund the amount. All those are filed by the complainant at Exh. ‘G’ on Page No.82 to 86.

15)     The O.P.No.1 asked the complainants to share their bank details for refund. Accordingly, the complainants had shared HDFC bank account details by email dated 28^th June, 2021 and cancelled cheque by email dated 28^th January, 2022. The complainants have filed those emails at Exh.‘F’ on Page No.80 Exh ‘I’ on Page No.89 respectively.

16)     It is contention of the O.P.No.1 that as per the request of the complainants to refund the amount of the ticket the O.P.No.1 tried to transfer the amount of the said tickets in the account provided by the complainants. However, the transaction was refused with the remarks ‘account does not exist'. Again, transaction was declined with the remark ‘incorrect account details' on 2^nd January, 2023. However, the complainants has placed on record the bank statement of the Bank of India for the period 1^st January, 2023 to 17^th February, 2022 at Exh.1 and bank statement of HDFC bank for the period from 1^st February, 2023 to 17^th February, 2023 at Exh.2 which reveals the fact that the both bank accounts were active at the time of alleged transfer of amount by opponents. The opponents have failed to file any evidence on record regarding failure of the transaction. The lack of documentary evidence supporting opponents contention undermined its credibility.  We have perused the email on page No.81 to 96 sent by opponents to the complainants giving unreasonable excused to avoid refund of ticket booking amount.

17)     The opponents have filed the civil aviation requirements issued by the DGCA on 6^th August, 2010, relating to cancellation of flights, the operating airlines liability for compensation does not arise when the delay/cancellation of flight is on account of unforeseen circumstances and the reasons which are beyond the power and control of the airlines. However, the Hon’ble Supreme Court has made observation in Writ Petition No. 570, 595, 952/2020 dated 1^st October, 2020 while referring Civil Aviation requirements revised on 27^th February, 2019. It is stated that for cancellation of flights on account of unforeseen circumstances though airline is not obligated to pay compensation but it is obligated to refund the air fare to the passenger hence accordingly issue guidelines regarding refund of the airline ticket booking. The complainant has filed this judgment at Exh.‘E’. Therefore, we are of the view that the opponent is reluctant to refund the ticket booking amount staging vague and unreasonable excused. Hence, the opponent should refund the ticket booking amount of Rs.13,696/- with interest to the complainants.

18)       The O.P.No.1 Spice Jet is a Public Limited Company which can be sue and sued in its own name. The O.P.No.2 who is a Director of O.P.No.1 cannot be held liable in his personal capacity for the act of O.P.No.1. Hence, we are of the view not to pass any order against the O.P.No.2

19)     On the basis of above discussion and evidence on record, we are of the considered view that the O.P.No.1 has given deficient service by not refunding ticket booking amount on account of cancellation of flight amid Covid-19 and also when there are clear guidelines from the Hon’ble Supreme Court of India and DGCA. Further, the reasons given by the opponents are not justified.  Hence, we pass the following order. 

ORDER

           1)         Consumer Complaint No.CC/267/2022 is partly allowed.

2)      The O.P.No.1 is hereby declared guilty of deficiency in service by not refunding the amount of ticket booking to the complainants.

3)      The O.P.No.1 is directed to refund the total ticket booking amount of Rs.13,696/- for two tickets of Rs.6,848/- each without deducting any charges to the complainants with interest at the rate of 9% per annum from the date of cancellation of flight till its actual realization.

3)      The O.P.No.1 is further directed to pay compensation of Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of litigation to the complainants. 

4)      The order under Clause No.3 & 4 shall be complied with within a period of fourty five days from the date of receipt of copy of this order.

           5)     Copies of this order be sent to parties free of costs.