Delhi

North East

CC/146/2016

Shri Kulwant Singh Walia - Complainant(s)

Versus

Sunshine Airlines Limited - Opp.Party(s)

21 Aug 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 146/16

In the matter of:

 

 

		Shri Kulwant Singh Walia S/o Shri Baljeet Singh Walia R/o:- H.No. C-1/184, Yamuna Vihar Delhi-110053		Complainant
		Versus
		Sunshine Airlines Limited Through Director Shri Tarnveer Singh Gandhi E-11, GF, Dilshad Colony Delhi-110095   Also at:- Sunshine Airlines Limited 310, 3rd Floor, Sachdeva Tower Karkardooma Community Centre Delhi-110092   Sunshine Airlines Limited F.No. 509, Antriksh Bhawan 22 K.G. Marg, Central Delhi New Delhi-110001		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :		06.06.2016 21.08.2020 21.08.2020

Mr. Arun Kumar Arya, President

Ms. Sonica Mehrotra, Member

 

 

 

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1.  Facts in brief in the present complaint are that the complainant had booked round trip tickets from Delhi to Nanded and back for five persons with OP on 15.10.2015 for travel date 02.11.2015 and return on 06.11.2015 on flight no. SG671 and SG672. The booking was confirmed and PNR no. C8ZUKW was generated for all five passengers. The complainant paid a total sum of Rs. 60,000/- to OP vide cheque no. 177081 dated 14.10.2015 drawn on Delhi Nagrik Sehkari Bank Ltd. On 31.10.2015 towards the cost of tickets.  Complainant received an e-mail from OP to the effect that the subject flight was cancelled due to technical issue and OP asked the complainant to provide his bank details for refund of the ticket price. The complainant vide reply email dated 03.11.2015 furnished the requisite bank details to OP for process of refund of Rs. 60,000/- for five tickets from Delhi to Nanded and back. However, despite several visits made by complainant to OP’s office and meeting with its directors seeking refund of the ticket price, the amount was not paid by the OP to the complainant and even the cheuqe no. 064534 dated 10.12.2015 of Rs. 60,000/- issued by OP in favour of complainant got dishonored twice on presentation on 11.12.2015 & 21.12.2015 due to insufficiency of funds. The complainant lodged a police complaint against OP with PS Dilshad Garden Delhi vide DD no. 58B dated 20.12.2015 but to no avail.  The complainant filed a complaint against OP with the Delhi Government Mediation & Conciliation Centre in December 2015 vide reference no. 1976/NN/Dir/2015 in which proceedings, a mutual settlement was arrived at between the parties wherein it was agreed that the OP shall refund Rs. 60,000/- in three tranches of Rs. 20,000/- each to the complainant through demand draft on 20.02.2016, 19.03.2016 & 16.04.2016 and also pay Rs. 200/- as incidental expenses. The said agreement was recorded in order dated 30.01.2016 by the Mediation Centre counter signed by both parties. However, the OP only paid the first installment of Rs. 20,200/- (part refund and cost) to the complainant on 20.02.2016 but failed to pay the remaining two installments of Rs. 40,000/- for which the complainant approached OP several times to honor the payment schedule but with no outcome. Therefore as a last resort the complainant filed the present complaint against OP praying for issuance of direction against the OP to refund Rs. 40,000/- alongwith compensation of Rs. 20,000/- for mental harassment and agony and Rs. 20,000/- towards litigation expenses.
2. Complainant has attached copy of ticket confirmation with itinerary and payment information / fare details alongwith acknowledgment on OP’s letter head of receipt of Rs. 60,000/- towards the ticket booking From Delhi-Nanded-Delhi, copy of email exchanged between complainant and OP on 31.10.2015 and 03.11.2015 alongwith certificate u/s 65B of evidence Act, copy of cheque no. 064534 dated 10.12.2015 drawn on Central Bank of India of Rs. 60,000/- issued by OP to complainant towards refund, copy of return memo dated 10.12.2015 and 21.12.2015 issued by complainant’s bank Delhi Nagrik Sehkari Bank Ltd. for dishonour for the said instrument, copy of police complaint dated 20.12.2015 lodged by complainant against OP with PS Dilshad Garden Delhi under stamp and seal of PS Seemapuri North East District Delhi,  copy of order dated 30.01.2016 passed by Delhi Government Mediation and Conciliation Centre recording the mutual settlement entered into between parties for refund of the Rs. 60,000/- in three installments between February 2016 to April 2016 and copy of passbook entry of complainant’s bank account no. 50000003910 held with Delhi Nagrik Sehkari Bank Ltd highlighting credit entry of Rs. 20,200/- dated 23.02.2016 from OP’s Central Bank of India account towards first installment / part refund.
3. Notice was issued to the OP on 01.07.2016. The notice was service on OP on 11.07.2016 and its sales manager appeared in hearing held on 10.08.2016 on which date complete set of complaint was handed over to him for filing written statement. However, none appeared on behalf of OP thereafter nor did OP filed its written statement despite opportunity and cost imposed and was therefore proceeded against ex-parte vide order dated 10.11.2016.
4. Ex-parte evidence by way of affidavit and written arguments were filed by the complainant in reassertion / reiteration of his grievance against OP.
5. We have heard the arguments addressed by the complainant and have perused the documentary evidence placed on record by him. It is evident from the records that the complainant had paid a sum of Rs. 60,000/- to OP for booking flights tickets for round trip Delhi-Nanded-Delhi which flight got cancelled as informed by OP to the complainant and therefore complainant sought refund of the said amount from OP but despite express settlement entered into between the parties before the Mediation Centre in January 2016, OP only made part refund of Rs. 20,200/- to the complainant in February 2016 and failed to refund the remaining Rs. 40,000/- towards second and third installments of Rs. 20,000/- each. In fact prior to the said settlement, the cheque given by OP of Rs. 60,000/- to the complainant in December 2015 got dishonored twice on presentation for insufficiency of funds. The OP failed to discharge its monetary liability towards the complainant and is therefore guilty of indulging in unfair trade practice as per Section 2(1)(r) of consumer Protection Act. We therefore allow the present complaint and direct the OP to refund the sum of Rs. 40,000/- to the complainant alongwith compensation of Rs. 10,000/- towards mental agony and harassment inclusive of litigation charges. Let the order be complied with by OP within 30 days of receipt of copy of this order.
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

7.   File be consigned to record room.
8.   Announced on  21.08.2020

(Arun Kumar Arya)      President

(Sonica Mehrotra)  Member