Chandigarh

DF-I

CC/122/2022

Prahlad Bhagat Vasudeva - Complainant(s)

Versus

Spicejet Ltd. - Opp.Party(s)

Nitish Kumar Vasudeva

01 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

[1]

                    

Consumer Complaint No.	:	CC/122/2022
Date of Institution	:	25.1.2022
Date of Decision	:	1.2.2024

             

1.   Prahlad Bhagat Vasudeva, S/o of Late Sh. Kushal Chand,

2.   Mrs. Santosh Kumari Vasudeva W/o of Prahlad Bhagat Vasudeva,

 

Complainants no.1 & 2 are resident of H.No.3287, Sector-50 D, The Sargodha Society Ltd, Chandigarh-160047.

 

3.   Amit Kumar Mittal S/o Sh.Pawan Kumar

4.   Mrs. Pooja Mittal,  W/o Sh. Amit Kumar Mittal

5.   Aum Mittal, S/o Sh. Amit Kumar Mittal, being minor represented through complainants Nos. 3 & 4 being natural guardian and next friend.

6.   Vaidehi Mittal, D/o Amit Kumar Mittal, being minor represented through complainants Nos. 3 & 4 being natural guardian and next friend.

Complainant 3 to 6 are residents of # 177, Advocate Society, Sector-49 A, Chandigarh.

7.   Kamal Kant Gupta, S/o Late Sh. K.L.Gupta

8.   Mrs. Anita Gupta, W/o Sh.Kamal Kant Gupta,

 

Complainants no. 7 & 8 are resident of # 3401, Sector-35 D, Chandigarh.

… Complainants

V E R S U S

 

1. Spicejet Ltd., Registered office at Indira Gandhi International airport Terminal 1 D, New Delhi 110037, through its Managing Director,

Second address

319 Vdyog Vihar Phase-4, Gurgaon-122016 through its Managing Director.

2.   M/s Mehak Tour And Travels through its proprietor Sh. B.S.Mittal, 130,Ground Floor LIG Flats, Phase X, Sector-64, S.A.S Nagar Mohali.

Second Address

#382,-G, Ground Floor, Sector 43-A, Chandigarh. 160043.

3. The Managing Director, Spicejet Ltd., Registered office at Indira Gandhi International airport Terminal 1 D, New Delhi 110037. through its Managing Director,

Second address

319 Vdyog Vihar Phase 4, Gurgaon-122016.

. … Opposite Parties

 

ARGUED BY	:	Sh. Nitish Kumar Vasudeva, Advocate for complainants.
	:	Sh. Gaurav Bhardwaj, Advocate for OPs No.1&3
	:	None for OP No.2.

 

[2]

 

Consumer Complaint No.	:	CC/115/2022
Date of Institution	:	24.1.2022
Date of Decision	:	1.2.2024

             

1.   Kamal Kant Verma s/o of Sh. Shiv Kumar Verma,

2.   Mrs. Manju Verma w/o of Kamal Kant Verma

3. Ahanna D/o Kamal Kant Verma being minor represented through complaints no.1&2 being natural guardian and next friend.

     All the complainants are R/o H.No.331/2, Sector 41/A Chandigarh.

…. Complainants

V E R S U S

1.   Spicejet Ltd., Registered office at Indira Gandhi International airport Terminal 1 D, New Delhi 110037, through its Chairman & Managing Director.

Second address

319 Vdyog Vihar Phase-4, Gurgaon-122016 through its Chairman and Managing Director.

2.   M/s Mehak Tour And Travels through its proprietor Sh. B.S.Mittal, 130,Ground Floor LIG Flats, Phase X, Sector-64, S.A.S Nagar Mohali.

Second Address

#382,-G, Ground Floor, Sector 43-A, Chandigarh. 160043

….Opposite Parties

 

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                

 

ARGUED BY	:	Sh. Kamal Kant Verma, Advocate complainant No.1 and Advocate for complainant No.2&3.
	:	Sh. Gaurav Bhardwaj, Advocate for OP No.1
	:	None for OP No.2.

 

Per Pawanjit Singh, President

 

1.     By this order, we propose to dispose of the captioned consumer complaints in which common questions of law and fact are involved.

        For the sake of brevity, relevant details, necessary for the disposal of the aforesaid consumer complaints in respect of each consumer complaint, are tabulated as under :-

S. No.	C.C. No.	Total Ticket amount paid	Amount refunded	Remaining refundable amount
	CC/122/2022	Rs.42,539.20	Rs.33,743.04	Rs.8,796.16
	CC/115/2022	Rs.13,190/-	Rs.10,855.76	Rs.2334.3

2. The facts, for convenience, have been culled out from Consumer Complaint No 122 of 2022 titled as Prahlad Bhagat Vasudeva & Ors. Vs. Spicejet Ltd. & Ors.

1. It transpires from the averments as projected in the consumer complaint that on 27.1.2020  the complainants booked air ticket for flight  no. S G 8751 in the economy class from Delhi to Patna through OP No.2 by paying a sum of Rs.20,125.60/-  and OP No.1 by accepting the air fare confirmed the booking under booking ID No. TJ100101594017 with refundable option and the copy of booking slip issued by OP No.2 is annexed as Annexure C-1.  On the same day the complainants also booked their return ticket from Varanasi to Delhi  through OP No.2 and OP No.1  who accordingly confirmed the same by accepting a sum of Rs.22,413.60 for  flight No. S G 2420 and the copy of booking slip is annexed as Annexure C-2 issued by OP No.2. In the month of March 2020 due to COVID 19 pandemic first lockdown was imposed by the Government  of India  from 25.3.2020 to 14.4.2020  and a ban  on the operation of all domestic and international flights was imposed and thereafter the lockdown  was further extended upto 3.5.2020  during which the flights were  also cancelled. The Ministry of Aviation due to unusual situation has issued advisory to all the stake holders in the civil aviation sector including the OP No.1, that if a passenger has booked ticket during the first lock down period from 25.3.2020 to 14.4.2020  and the airlines has received the payment for booking of the air ticket during the first lock down and the passenger  has sought refund  being cancelled,  the airlines shall refund the full amount without levy of cancellation charges.  Immediately the complainants requested the OP No.2 to process the refund and cancellation on 19.4.2020 by sending mail but the amendment team of OP No.1 had rejected the request of the cancellation without any reason. The complainants again sent mail to the OP No.2 and it was informed to the complainants that the booking amount is lying in the credit shell  and can be utilized again by booking the fresh air tickets.  The copies of the emails are annexed as Annexure C-3 and C-4. The complainants approached the OPs from time to time to refund the aforesaid amount but the OPs have not refunded the same even after the directions of the Hon’ble Supreme Court. The said act of OPs amounts to deficiency in service and indulgence in unfair trade practice. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs No. 1&3 resisted the consumer complaint and filed their written version, taking preliminary objection of maintainability, cause of action. However, it is admitted the booking  of the subject tickets but alleged that  the OP airlines has suffered loss to the tune of hundreds of crores of rupees from March 2020  and as per direction of the Hon’ble Supreme Court  the airlines have been directed to create credit shell  for full fare collected to be valid upto 31.3.2021 and later on extended upto 31.3.2022 and the complainants have  already been refunded the ticket amount alongwith interest as per judgment of the Hon’ble Supreme Court  in the account of the travel agency on 12.3.2022  from where the same was received by the answering OPs i.e. Riya Travels and the relevant record of the said transfer has been annexed as Annexure R-1.  It is further alleged that the answering OP  has already refunded the amount to the concerned agency Riya Travels alongwith interest thus, there is no liability on the part of the answering OPs and the complaint is liable to be dismissed against the answering OPs. It is further admitted that even as per clause 3.4.3 of of the guidelines issued by the DGCA, an operating airlines was not obliged to adhere to para 3.6, if the cancellation/delay is caused due to extra ordinary circumstances. On merits, the facts as stated in the preliminary objections have been re-iterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. OP No.2 in its written version took preliminary objection of maintainability, cause of action. However it is admitted that the answering OP  initiated the process for refund with OP No.1 which was refused by OP No.1 and the answering OP  is not negligent in its conduct.  Since air ticket fare  has been refunded by OPs No.1&3, there is no deficiency of service on the part of the answering OP.  On merits, the facts as stated in the preliminary objections have been re-iterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
4. Complainant chose not to file rejoinder.

3. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
4. We have heard the learned counsel for the complainant and OP No.1&3 and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainants in each complaint that they  have already received partial amount of Rs.33,743.04 on 20.6.2023 (Rs.10,855.76 on 20.6.2023 in connected complaint No.115/2022) through cheques as partial payment and also it is the admitted case of the parties that  the complainants booked the subject tickets for their air journey from Delhi to Patna  on 5.4.2020 and also return tickets from Varanasi to Delhi  on 11.4.2020  as is also evident from Annexure C-1 and C-2 the booking slip  by making payment of Rs.42,539.20  and the said tickets were booked through OP No.2 and due to COVID 19 pandemic, the tickets got cancelled by the complainant as flights were not allowed during the said period and the complainants had  immediately applied for the cancellation of the tickets on 19.4.2020 as is also evident from copy of mail Annexure C-3 and the complainants have not received the remaining payment of the tickets till date, the case is reduced to a narrow compass as it is to be determined if the OPs are unjustified in not refunding the remaining amount of the tickets despite guidelines regarding the same issued by the Government  and the complainants are entitled for the remaining ticket amount as is the case of the complainant or if the OPs are justified in refunding partial amount and the complaint is liable to be dismissed as is the  defence of the OPs.
   2. Perusal of Annexure C-1 clearly indicates that the complainants were confirmed with their tickets from Delhi to Patna for  the journey of  5.4.2020 by OPs by receiving an amount of Rs.20,125.60. Annexure C-2 further indicates that  the complainants were also confirmed return tickets from Varanasi to Delhi on 11.4.2020  by receiving an amount of Rs.22,413.60. Annexure C-3 is the copy of mail sent by the complainants for seeking refund of the ticket amount.
   3.  Learned counsel for complainants contended that as it is proved on record that the complainants have only received partial ticket amount from OP No.2 and not received the remaining  ticket amount from the OPs till date despite of directions of the Government of India to refund full ticket amount even without levying any cancellation charges,  the aforesaid act of the OPs amounts to deficiency in service and indulgence in unfair trade practice.
   4. There is force in the contentions of the learned counsel for the complainant as it stands proved on record that as per  Government guidelines, the OPs were liable to refund full ticket amount to the complainant that too without levying any cancellation charges  and   despite of the said fact the OP No.2 has only refunded partial amount of Rs.33,743.04 vide cheque dated 20.6.2023 (Rs.10,855.76 on 20.6.2023 in connected complaint No.115/2022) and the complainants have not received the remaining ticket amount till date. The OPs have utterly failed to explain as to on what account they have withheld the remaining ticket amount with them once there were strict guidelines by the Government to refund full ticket amount to the passengers during COVID period. Thus, the OPs have illegally withheld the remaining ticket amount of the complainants against the guidelines of the Government and the said act of the OPs amounts to deficiency in service and they are liable to refund the remaining ticket amount to the complainant alongwith interest and also liable to pay interest on the entire ticket amount from date of cancellation of ticket till the partial payment made.   
5.     In view of the above discussion, both the consumer complaints deserve to succeed and the same are accordingly partly allowed. OPs are jointly and severally  directed as under :-

RELIEF IN CC/122/2022

1. to refund remaining amount of ₹.8,796.16 (₹42,539.2 – 33,743.04) to the complainants alongwith interest @9% p.a. from 21.6.2023 till  onwards.
2. To pay interest  @9% on the entire ticket mount of ₹42,539.2 from the date of cancellation of ticket till 19.6.2023.
3. to pay ₹5,000/- to the complainants as compensation on account of mental agony and physical harassment.
4. to pay ₹5,000/- to the complainants as costs of litigation.

RELIEF IN CC/115/2022

1. to refund remaining amount of ₹. Rs.2334.3 (₹13,190 – 10,855.76) to the complainants alongwith interest @9% p.a. from 21.6.2023 till  onwards.
2. To pay interest  @9% on the entire ticket amount of ₹13,190/- from the date of cancellation of ticket till 19.6.2023
3. to pay ₹2,000/- to the complainants as compensation on account of mental agony and physical harassment.
4. to pay ₹3,000/- to the complainants as costs of litigation.

6.         This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i), (ii) & (iii) in each case above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iv) in each case above.
7. A certified copy of this order be also placed on the file of other  connected consumer complaint, mentioned above, which shall form part and parcel of the that file.
8. Application if any pending stands disposed off.
9. Certified copies of this order be sent to the parties free of charge. The file be consigned.

sd/-  [Pawanjit Singh]

President

Sd/-

[Surjeet Kaur] Member 1.2.2024                                                        sd/-

[Suresh Kumar Sardana]

Member