DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 451 of 8.11.2019

                                      Decided on: 15.7.2024

1. Jaspal Singh aged about 58 years , son of Sh.Jagdish Singh.
2. Sukhwinder Kaur aged about 56 years, wife of Jaspal Singh

Both residents of House No.42, Street No.1, Ekta Vihar, Near Anand Nagar-B, Patiala.

                                                                   …………...Complainants

                                      Versus

1. Thapar International SCF 4-5, Rajbaha Road Chowk, Gurudwara Dukhniwaran Sahib, Patiala through its Partners Saahil Thapar & Er.Ajay Thapar.
2. Jet Airways, registered office & Corporate Office: Andheri East,3,93619, Ratings Ground Floor, Siroya Centre,Sahar Airport Road, Andheri East-Mumbai-400099 through its M.D.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                       Ms.Gagandeep Gosal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY

                                      Sh.Bharpur Singh, counsel for complainants.

                                      Sh.Rakesh Badhwar,counsel for OP No.1.

                                      Opposite party No.2 ex-parte.                            

 ORDER

                                      G.S.NAGI,MEMBER

1. The instant complaint is filed by Jaspal Singh and Sukhwinder Kaur       (hereinafter referred to as the complainants) against Thapar International and another (hereinafter referred to as the OP/s) under the Consumer Protection Act      ( for short the Act).
2. It is averred in the complaint that the complainants had to travel from New Delhi to Toronto in order to meet their son and in this regard they approached OP No.1 for booking of their air tickets. OP No.1 assured that it will provide air tickets of Jet Airways on 4.3.2019 and for return tickets of the said plane on 25.4.2019. In this regard complainants paid an amount of Rs.1,08,000/-through cheque No.771519  to OP No.1.That on the flight from New Delhi to Toronto there was a stoppage at Amsterdam. The complainants travelled with Jet Airways from New Delhi to Toronto and have to return back on 25.4.2019 but prior to this date they came to know that flight of Jet Airways has been cancelled due to winded up as a result of which the complainants had to book the tickets through airlines of Air Canada by paying extra money which comes to Rs.1761.22CAD.
3. It is averred that the OP No.1 was well within its knowledge that Jet Airways was going to be closed soon but even then it booked the tickets . The complainant requests OPs time and again for the refund of the amount of return tickets of Jet Airways and also sent email in this regard to the OPs but of no avail due to which complainants suffered a great inconvenience and embarrassment .There is thus not only deficiency in service but also unfair trade practice on the part of the OPs. Hence this complaint with the prayer to accept the same by giving direction to the OPs to pay the amount of tickets i.e.1761.22 CAD=Rs.95000/-(as per  prevalent conversion rate; to pay Rs.2lac as compensation on account of mental agony, tension, harassment, humiliation and inconvenience suffered by the complainant and also to pay Rs.25000/- as litigation expenses.
4. Upon notice OP No.1 appeared through counsel and filed written statement having contested the complaint while notice sent to OP No.2 was received back for want to correct address. Then on the request of the complainant, notice of the complaint was sent to OP No.2 through publication but even then it failed to appear and was accordingly proceeded against ex-parte on 9.12.2020.
5. In the written statement filed by OP No.1 it is pleaded that the complainants are the consumers of Goibibo and Jet Airways only and OP No.1 is only the sub agent to arrange the tickets from Goibibo web portal and further the complainants themselves chose to purchase the jet airways tickets for which they paid an amount of Rs.1,08,000/- vide cheque No.771519. On return the operations of the Jet Airways were stopped on which OP No.1 has no right or control. The tickets were totally confirmed and there was no problem and also there was no information regarding the closure of operations of Jet Airways at the time of booking of the tickets. The allegations leveled by the complainants are totally wrong and the OP No.1 is not liable to return any amount. The refund process of the return tickets of the complainants is already with the Jet Airways and on inquiry the airline persons told that already National Company Law Tribunal has been formed and is looking into the matter and the tribunal has to decide the legal process for the refund of customers’ money and whenever OP No.1 gets the refund of the tickets in question, it will be delivered to the complainants. Hence there is no deficiency in service or unfair trade practice on the part of OP No.1. After denying all other averments made in the complaint, OP No.1 has prayed for dismissal of complaint.
6. In evidence, ld. counsel has tendered in evidence Ex.CA affidavit of the complainant alongwith documents,Exs.C1 copy of tickets,Ex.C2 copy of bank entry,Ex.C3 copy of email,Ex.C4 copy of ticket of Air Canada and closed the evidence.
7. The ld. counsel for OP No.1 has tendered in evidence Ex.OPA affidavit of Ajay Thapar, Ex.OP1 copy of email request, Ex.OP2 copy of reply to email and closed the evidence.
8. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully. 
9. The complainant no.1 alongwith his wife i.e. complainant No.2 had approached OP No.1 for booking of Air tickets for to and fro travel to Toronto(Canada).The complainants have alleged that OP No.1 advised them for booking air tickets of Jet airways and accordingly on the advice of OP No.1 booking was made for travel from New Delhi to Toronto and back through Jet airways for an amount of Rs.1,08,000/- which was paid by the complainant on 18.7.2018 to OP No.1 as per bank statement,Ex.C2.The travel from New Delhi to Toronto was to be made on 4.3.2019 with the stay of around 5 hrs at Amsterdam and then back from Toronto to New Delhi on 25.4.2019.The journey from  New Delhi to Toronto on 4.3.2019 was performed successfully. However, the return flight of the Jet airways in which the tickets of the complainants were booked for 25.4.2019 was cancelled. The complainants were then forced to travel to New Delhi (India) through the flight of Air Canada as per the tickets,Ex.C1 and confirmation of the same as per Ex.C4. An amount of 1761.22 CAD was spent by the complainant for arranging these tickets. The complainants have alleged that due to cancellation of the flight they were forced to purchase the fresh tickets at higher rates leading to financial loss and harassment to them. The complainants then approached OPNo.1 for the refund of the amount so spent by them for the tickets of Jet airways which was cancelled, the copy of email in this regard is Ex.C3. The complainants as such have prayed for the refund of 1761 CAD spent by them for purchasing of fresh tickets alongwith suitable compensation and litigation expenses.
10. The OP No.1 in its written statement and the affidavit, Ex.OPA of Ajay Thapar, Prop. has submitted that the complainants are the consumer of Jet Airways i.e. OP No.2 and Goibibo who is not part of this complaint and OP no.1 is merely a sub agent of them. OP No.1 has further submitted that it was only on the request of the complainants that the tickets from Jet airways were booked as the prices of the tickets of Jet Airways were cheaper as compared to the tickets of other  air lines. OP No.1 has agreed that a sum of Rs.1,08,000/- was paid by the complainant for the purchase of the tickets. The ld. counsel for the OP No.1 has further submitted that the tickets provided to the complainants were confirmed tickets and the complainants had travelled to Toronto through the flight booked by OP No.1. However, the return flight of 25.4.2019 was cancelled as proceedings against Jet Airways i.e. OP No.2 had initiated in N.C.L.T. OP No.1 has  further submitted that cancellation of flight was not in the control of OP No.1 and it has no knowledge that the Jet Airways was going to be closed. It has further been submitted that the complainants were advised to wait for some time as some alternative arrangements were being made by OP No.2 to bring the complainants back from Toronto to New Delhi. However, the complainant ignored the advice and purchased their tickets of Air Canada at their own. It has further submitted that the refund of the air fare for the return journey was initiated by OP No.1 at the request of the complainants which is pending with the Jet Airways and National Company Law Tribunal has already seized off the matter. Whenever the refund is finalized the same will be paid to the complainants. OP No.1 has further submitted that it being merely a sub agent of OP No.2 and Goibibo earns only Rs.200/- to 300/- as facilitations charges and the rest of the amount is paid to the OP for the purchase of the tickets. It has been submitted that the confirmed tickets were provided to the complainants by OP No.1 and there is no deficiency in service on its parts and OP No.1 has prayed for the dismissal of the complaint.
11. We have gone through the rival submissions of the parties.
12. Admittedly the complainants had purchased air tickets of Jet Airways for their travel from New Delhi to Toronto on 4.3.2019 and return on 25.4.2019 for which an amount of Rs1,08,000/- was received by OP No.1. The confirmed tickets of Jet Airways were provided by OP No.1 to the complainants and the complainants duly travelled from New Delhi to Toronto on the flight of Jet Airways on 4.3.2019. However the return flight of Jet Airways of 25.4.2019 from Toronto to New Delhi was cancelled. The complainants were informed accordingly by OP No.1. However, as the complainant had to return on 25.4.2019 as such they were forced to arrange for tickets from Canadian Air Lines for which an expenditure of CAD1761.22 approximately Rs.95000/- was incurred by them. The complainants then requested for the refund of the air fare for the tickets of the flight which was cancelled. However, OP No.1 forwarded the request of complainant to OP No.2 for the refund of air fare . OP No.1 has argued that he is merely an agent of OP No.2 and Goibibo and the air fare collected by him is forwarded to OP No.2 and Goibibo for arrangement of the tickets. OP No.1 has further argued that the request for the refund has already been forwarded to OP No.2 against which the proceedings under insolvency have already been initiated and National Company Law Tribunal has already seized off the matter.
13. It is also a fact that complainants had paid Rs.1,08,000/- for to & fro journeys` out of which journey from New Delhi (India) to Toronto (Canada) on 4.3.2019 was performed successfully and return journey on 25.4.2019 could not materialize as the flight was cancelled. No break up of charges for forward and return journey has been produced by either of the parties. As such, we are of the opinion that half of the amount i.e. Rs.54000/- is admissible to the complainant.
14. In view of the discussion above, we partly allow the complaint and direct OP No.2 to refund the amount of Rs.54000/- paid by the complainants at the time of booking of the tickets alongwith interest @6% per annum from the date of booking till realization. No order as to costs and compensation. Compliance of the order be made by OP No.2 within a period of 45 days from the date of receipt of certified copy of this order.
15.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                       Gagandeep Gosal

                                              Member                          President