BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

Robin  Sathi, son of Shri R.S.Sathi, resident of House No.561, Sector-4, Panchkula. 

                                                        ….Complainant

Versus

Spice Jet Ltd., 319, Udyog Vihar, Phase IV, Gurugram-122016 through its authorized signatory.  

                                                                                     ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

Before:              Sh.Satpal, President.

                        Dr.Sushma Garg, Member

                        Dr.Suman Singh, Member

For the Parties:   Complainant in person.

                        Sh.Saurabh Sharma, Advocate for OP.

ORDER

(Satpal, President)

1.             The brief facts, as alleged in the present complaint, are, that the complainant, in the month of January 2020, had made the online booking of the air tickets, pertaining to the opposite party(hereinafter referred to as OP) after making the payment of Rs.16,550/. The air journey was scheduled for 01.04.2020 from Delhi to Kerala. It is averred that due to grave and sudden outbreak of covid-19 situation, the complainant had requested the OP to reschedule the booking  or refund  the amount of the air tickets by making cancellation of the air tickets. On 08.04.2020, the OP had sent an email to the wife of the complainant mentioning therein that in view of the out-break of Covid-19 and as per guidelines of the Government of India, air journey operation was suspended w.e.f. 25.03.2020 to 14.04.2020. It was also mentioned that reservation credit would be given to the complainant, for which fresh booking could be made by her till 28.02.2021 for the same passengers. It is averred that the OP was requested to refund the amount because the situation due to outbreak of Covid-19 had aggravated and there was risk of being getting infected during the air journey. The OP sent an email on 01.10.2020 declining the request of the complainant. It is stated that the OP has given the credit shell to the complainant, which was valid till 28.02.2021. It is stated that various other airlines has refunded the full amount to its customers but the same benefit was not extended by the OP airline. Due to the act and conduct of the OP, the complainant has suffered financial loss and mental agony, physical harassment; hence the present complaint.

2.             Upon notice, the OP has appeared through counsel and filed the written statement by raising preliminary objections qua no cause of action has accrued in favour of the complainant and against the OP; the complaint is not maintainable as there has been no negligence or deficiency on the part of the OP, warranting filing of this frivolous, vexatious and misconceived complaint. It is submitted that the complainant had booked two tickets under PNR FBICKW in January, 2020, for the Flight No.SG8185, from Delhi to Kochi, with travel date as 01.04.2020. It is submitted that due to outbreak of Covid-19, the Govt. of India imposed complete lockdown in India w.e.f. 25.03.2020 and as a consequence of the same, all flight operations from and to India were suspended. It is submitted that accordingly, the Op was constrained to cancel all its flight from 25.03.2020 onwards, as per the directions, said air flight was cancelled and its cancellation was intimated to the complainant. It is submitted that cancellation in the present case was due to the reasons and circumstances, which were beyond the control of the OP and in such circumstances, no negligence or deficiency, of any nature, whatsoever, can be attributed to the OP. It is submitted that the present complaint is not maintainable in view of the law laid down by the Hon’ble Apex Court in the case titled as “Pravasi Legal Cell Vs. Union of India”; “Air Passengers Associated of India Vs. Union of India” WP(C) 570/2020; “TAFI Vs. Union of India and others” WP(C ) 952/2020.  It is submitted that the OP-airline has suffered losses to the tune of hundreds of crores during March, 2020 till now and as such is facing acute financial constraints. In view of the aforesaid facts, it is mandatory for the airlines to follow  the directions pronounced  by the Hon’ble Apex Court in the issue governing refund of tickets booked prior to or during the Covid-19 lockdown and the present complaint filed by the complainant is not maintainable and is liable to be dismissed. It is submitted that the complainant was to use the said credit shell on or before 31.03.2021 and thus, there are no merits in the complaint filed by the complainant.

                On merits, the pleas and assertions made in the preliminary objections have been reiterated and it has been prayed that there is no deficiency in service on the part of the OP; as such, the present complaint is liable to be dismissed.        

3.             To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-7 in evidence and closed the evidence by making a separate statement. On the other hand, the learned counsel for the OP has tendered affidavit as Annexure R-A along with documents Annexure R-1 evidence and closed the evidence.

4.             We have heard the complainant as well as the learned counsel for the OP and gone through the entire record available on the file including written arguments filed by the OP, minutely and carefully.

5.             During arguments, the complainant reiterated the averments as made in the complaint as also in the affidavit(Annexure C-A) and contended that the OP-airlines has wrongly withheld the amount of  Rs.16,550/- qua air tickets for the air journey w.e.f. 01.04.2020 & 06.04.2020 vide air flight SG8185 and SG8184, in utter violation of the directions issued by the Director General Civil Aviation(hereinafter referred to as DGCA)vide circular dated 07.10.2020 based on the directions issued by the Hon’ble Apex Court vide its judgment delivered on 01.10.2020 in the case of Pravasi Legal Cell & Ors. Vs. Union of India & Ors. in writ petition(C ) D.No.10966 of 2020 with Writ Petition(C ) No.570 of 2020, Writ Petition(C ) No.595 of 2020 and writ Petition No.952 of 2020. It was argued that the lockdown was imposed on account of Covid-19 on 25.03.2020, wherein all air traffic including vehicular movements as well as public movements was banned. It was argued that the OP had assured to create a credit shell to be utilized or travel on or before 28.02.2021 but neither the credit shell was created nor the price of the air tickets was refunded and thus, the complaint is liable to be accepted by granting the relief as prayed for in the complaint.                            

6.             On the other hand, the learned counsel on behalf of the OP has reiterated the averments as made in the written statement as also in the affidavit(Annexure R-A) and contended that the cancellation of the air journey had occurred due to the reasons, which were beyond the control of the OP-airlines. It was argued that the OP had cancelled the air flights from 25.03.2020 onwards in compliance of the directions issued by the Government of India after the imposition of the lockdown. The learned counsel argued that the case of the complainant is not covered by the ration of the law laid down by the Hon’ble Apex Court in the matters titled as Pravasi Legal Cell & Ors. Vs. Union of India & Ors. in writ petition(C ) D.No.10966 of 2020 with Writ Petition(C ) No.570 of 2020, Writ Petition(C ) No.595 of 2020 and writ Petition No.952 of 2020. It was argued that the OP-airline has suffered losses to the tune of the hundred of crores during March 2020 and was facing acute financial constraints and thus, the complaint is liable to be dismissed being false, baseless and meritless.

7.             As per the rival submissions made by the complainant on one hand and the learned counsel for the OP on the other hand, the issue involved for adjudication in the present complaint is qua the refund of air tickets, on account of cancellation of the same during the Covid-19 lockdown.

8.             Pertinently, the Hon’ble Apex Court vide its judgment Pravasi Legal Cell & Ors. Vs. Union of India & Ors. in writ petition(C) D.No. 10966 of 2020 with Writ Petition(C) No.570 of 2020, Writ Petition(C) No. 595 of 2020 and writ Petition No.952 of 2020 has settled the controversy by issuing various directions. The Director General Civil Aviation (hereinafter referred to as DGCA), on the basis of directions issued by the Hon’ble Supreme in the case of Pravasi Legal Cell & Ors.(supra) has issued the circular on 07.10.2020, wherein three categories in clause no.2, qua booking of air tickets, have been made, which are given as under:-

1. Passenger, who booked tickets during lockdown for travel during lockdown i.e. from 25^th March 2020 to 24^th May 2020.
2. Passengers, who booked tickets any time prior to lockdown but journey up to 24^th May 2020 and cancelled due to Covid-19.
3. Passengers, who booked ticket anytime but for journey after 24^th May 2020.

9.             Since the air journey in the present case was scheduled on 01.04.2020 and return journey on 06.04.2020 from Delhi to Kochi (Kerala) via Pune and Kochi to Delhi via Pune vide flight no.SG8185 and SG8184 respectively, the case of the complainant falls under the category ii above of clause 2 of the said Circular dated 07.10.2020 issued by the DGCA, which is governed as per Clause 4(a)/4(c) of the said circular dated 07.10.2020, according to which, it was incumbent upon the airlines(OP) either to create the credit shell to be utilized up to 31.03.2021 or to refund the booking amount of air tickets. Further, in case of non utilization of the credit shell by the passengers up to 31.03.2021, in that event also, it was binding upon the OP(airline) to refund the amount qua cancelled air tickets due to the Covid-19.  Undisputedly, in the present case, neither the credit shell was created by the OP(Airline) nor the refund of the price of the air tickets was made; thus, it is evident that the OP(airline) has not followed the guidelines and directions issued by the DGCA vide circular dated 07.10.2020. Even no plausible justification has been furnished for not complying with the directions issued by the DGCA dated 07.10.2020. Therefore, we hold the OP deficient while not following the said directions issued by the DGCA vide its circular dated 07.10.2020.

10.            In relief, the complainant has claimed the refund of sum of Rs.16,550/- qua price of air tickets. Further, a sum of Rs.50,000/- and Rs.11,000/- has been claimed on account of mental agony, harassment and litigation charges.            

 11.           As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To refund a sum of Rs.16,550/- to the complainant, along with interest @ 9% per annum (simple interest) w.e.f. the date of filing of the present complaint till its realization.
2. To pay a compensation of Rs.5,000/-, to the complainant,  on account of mental agony and harassment.  
3. To pay a sum of Rs.5,000/- to the complainant as litigations charges.

12.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 19.09.2024

        Dr. Suman Singh         Dr.Sushma Garg          Satpal

             Member                              Member               President

Note: Each and every page of this order has been duly signed by me.

                                                 Satpal

                                            President