The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Party claiming an amount of Rs. 6,376/- along with 12%  interest + compensation Rs. 50,000/-  + Rs.50,000/- as Litigation cost.

            The fact of the case, in brief, is that the Complainant being an urgent need on 14.03.2020 spending his hard earned money of Rs.6,376/- booked one Air Ticket from the Air Flight Service namey, GO AIR through Amazon Pay for the journey dated 17.03.2020 through the flight  Go Airt G8-105 Economy from Delhi (Indra Gandhi International Airport) departure time 21.05 to Kolkata (Netaji Subhash Chandra Bose International Airport) arrival time 23.10 vide PNR:S2T45L. After booking the same, the Opposite Party Authority through mail confirmed the booking and also sent the e-ticket to the Complainant` mail ID. Thereafter, in a sudden, on the day fixed the flight i.e. 17.03.2020 at about 13.08, the Complainant received a mail from the Opposite Party with an intimation that the  PNR S2T45L on Go Air Flight G-8105 from New Delhi to Kolkata on 17.03.2020 at 21.05 hrs. is CANCELLED and in the said mail, the Opposite Party clearly gave the option of FULL REFUND of the ticket fare to the Complainant. On the same day i.e. on 17.03.2020 at about 16.21 the Complainant sent a e-mail to the registered e-mail ID of the Opposite Party and demanded for refund of the ticket amount along with a confirmation mail. But did not get any response from the Opposite Party so, the Complainant again on 19.02.2020 sent an e-mali to the Opposite Party with a intimation that till then the refund of the ticket, which has been cancelled by the Opposite Party, has not been credited to the Complainant account and also requested to refund back the same immediately. After elapse of 06 days from the last mail dated 19.03.2020, the Opposite Party on 25.03.2020 sent a reply through mail to the Complainant issuing him a service request number and also falsly assured him that Opposite Party`s agent shall response the Complainant soon but in reality non have responded him. Thereafter, on 29.03.2020 the Complainant again sent an E-mail intimation to the Opposite Party for refund the said amount but all the efforts of the Complainant is in vain. After elapse of a long time on 07.05.2020, the Opposite Party through mail intimated the Complainant some of the offers and dates for which passenger can use the value of the ticket for future booking with this Airline Service and also intimated some of the offers for which passengers can reschedule his flight etc. but in fact the travel date of the Complainant does not falls within any of the dates given by the Opposite Party. Subsequently, on 04.09.2020 the Complainant received another mail from the Opposite Party with an intimation that the Complainant`s ticket amount has been protected for future redemption and also intimated him that there is no refund applicable for this PNR and they shall adjust the entire amount of the PNR in the Complainant next booking for the same passenger and the Complainant also entitled to redeem the amount up to) Year from the original date of travel. In this mail, the Opposite Party impliedly made a trap that fare difference at the time of redemption (if any) will be applicable. There is also trap that the Complainant has to book the ticket and travel in his own name instead of any other person. In this way, the Opposite Party intentionally held up the ticket fare of the Complainant. That due to the illegal activities of the Opposite Party the Complainant suffered a great irreparable loss and pecuniary injury and the Opposite Party is responsible for the same and the Opposite Party is also liable to compensate to the Complainant. Having no alternative, the Complainant filed the instant case for relief as mentioned in the plaint.             

           Notice was duly served upon the opposite Party and after receiving the notice the Opposite Party appeared before this Commission by filing Vokalatnama and also filed written version.

By filing written version, the opposite Party has stated that the Complainant has booked one ticket on 14.03.2020 to travel from Delhi to Kolkata on 17.03.2020. The Complainant had paid consideration towards the booking of ticket to his travel agent as admitted by him also. However, the scheduled flight was cancelled due to operational reason beyond the control of Opposite Party and this Opposite Party provided an option to the Complainant to either opt for the refund of the ticket consideration or to book another flight. The Complainant opted for the first optioni.e. for full refund of the ticket. Thus, this Opposite Party refunded the complete consideration and kept them in credit shell of the Complainant for use on a future date of Complainant`s choice. However, the Complainant wanted to refund in his bank account and this Opposite Party duly refunded the consideration amount to the travel agent of the Complainant on 04.03.2021. Therefore, the Complainant shall approach his travel agent i.e. for credit of refund amount to his account, if not done already. The Opposite Party has further submitted that in view of the foregoing  facts no dispute, as contemplated under the Consumer Protection Act, is caused to have arisen between the Complainant and this Opposite Party and thus, the relief prayed for, is ought to be dismissed against this Opposite Party.

         To prove his case, the complainant has filed the following documents 

         (i) E-mail ticket of the Complainant from New Delhi to Kolkata

           (ii)  E- Ticket Payment Summary

           (iii) Cancellation of flight Information

         (iv) Request letter of Complainant for refund through mail

          (v) Circular of the office of the Civil Aviation.

On the other hand, the Opposite Party has also filed the following documents in support of his defense 

      (i) Copy of CAR regulation Series M Part IV

      (ii) Copy of terms and Condition of Opposite Party

      (iii) Copy of screenshot reflecting the refund being made by Opposite      Party to the Travel Agent of the Complainant.

          In view of the above-mentioned facts, the following points are cropped up for consideration

                                  POINTS FOR CONSIDERATION 

1.  Whether the Complainant is a consumer to the Opposite Party?

2. Whether there is any deficiency in service on the part of the Opposite Party?

3. Whether the Complainant is entitled to get any relief/reliefs as prayed for? 

                                                          DECISION WITH REASONS

              We have heard arguments by the Ld. Advocates for the both sides at length. We have also gone through the written examination  in  chief,   written arguments filed by both the parties as well as the documents produced by the Complainant and the Opposite Party.         

          At the time of argument Ld. Advocate for the Complainant narrated the facts of the case as mentioned in the complaint and submitted that the Opposite Party is very much negligent in rendering service to their bona-fide customer. Due to the negligent act/deficiency in service of the Opposite Party, the Complainant met with an irreparable financial loss and mental pain and agony. The documents produced by the Complainant proved his case so, he is entitled to get the relief.

         On the other hand, Ld. Advocate for the Opposite Party also discussed his defense case and submitted that due to cancellation of the flight, the refund value of the ticket has been already paid to the Agent of the Complainant. There is no deficiency in service on the part of the Opposite Party. The cancellation of flight on the scheduled date was beyond the control of the Opposite Party. The travel agent of the Complainant has not been made party in this case. The claim of the Complainant is vague and false. Hence, the complaint is liable to be dismissed with exemplary cost awarded to him.        

          Now, let us discuss all the points one by one. 

Point No. 1  

            Admittedly, the Complainant booked a Air ticket through mail of the Air line (Go Air) of the Opposite Party through Agent Amazon Pay. Thus, the Opposite Party is a service provider. If this be the so, then it can be said that the Complainant is a consumer under Opposite Party as per section 2(7) of the Consumer Protection Act, 2019.           

          Accordingly, this point is decided in favour of the Complainant.  

Point Nos. 2 & 3   

           Both these points are taken up together for discussion for the sake of convenience and brevity.

           It is an admitted fact that the Complainant booked one ticket on 14.03.2020 to travel from Delhi to Kolkata on 17.03.2020 through his travel agent and paid the fare to his agent. It is also an admitted fact that the scheduled flight was cancelled. After cancellation of the flight, the Complainant requested to the Opposite Party to refund the amount of the fare. In spite of several request, when the Opposite Party did not refund the fare of the cancelled flight, the Complainant filed the instant case on 02.02.2021. It is not disclosed by the Complainant during the pendency of the case that he has got the refund of the flight fare from the Opposite Party. Whereas, it is the contention of the Opposite Party that the consideration money has already been refunded to the travel agent of the Complainant on 04.03.2021. The same has also been mentioned in the written version of the Opposite Party filed on 10.09.2021. At the time of argument ld. Advocate for the Complainant admitted that the full amount of the ticket has been received by the Complainant on 05.07.2021.

           It appears from the record that the flight was cancelled on 17.03.2020 and the refund of air ticket fare was made on 04.03.2021 to the travel agent of the Complainant by the Opposite Party. Thus, it is clear that refund was made after lapse of one year. This conduct of the Opposite Party shows that there is deficiency in service on the part of the Opposite Party. Further, it can be assumed that if the Complainant would not have filed the case on 02.02.2021, the Opposite party would not refunded the fare of the air ticket to the travel agent of the Complainant. But during the pendency of the case, the Complainant has suppressed the fact that he has already received the fare amount from the travel agent of the Complainant on 05.07.2021.

          The Opposite Party has filed a copy of CAR regulation series M Part IV dated 06.08.2010 where it has been mentioned in 3.3.5 that the refund of air ticket shall be made in accordance with CAR section 3, Series M, Part II but the the same has not been filed by the Opposite Party.

          The Complainant has also filed Circular of the office of the Director General of Civil Aviation no. 4/1/2020-IR dated 07.10.2020 regarding Refund on cancellation of Air Tickets during COVID-19 lockdown it has been mentioned in column 4(c) that In cases where passengers have purchased the ticket through agent and credit shell is issued in the name of the passenger, such credit shell is to be utilized only through the agent who has booked the ticket. In cases where tickets are booked through agent, credit shell as issued in the name of the passenger which is not utilized by 31st March, 2021, refund of the fare collected shall be made to the Same account from which amount was received by the airline

        Here, it is pertinent to mention that the circular of 07.10.2020 will supersede the circular of 06.08.2010 of Civil Aviation because this circular has been passed as per direction of the Honble Supreme Court during the period of COVID-19 and the travelling period of the Complainant was also during COVID-19.  Again, in the instant case, the air ticket was booked by the Complainant through an agent and the as per para-10 of the written version credit shell has been issued in the name of the Complainant. If this be the so, then why the Opposite Party refund the fare to the agent while the credit shell has not been utilized within31st March, 2021. The refund was required to be made in the account from which the fare was collected by the airline but the same has not been done by the Opposite Party. Thus, it appears clearly that there is deficiency on the part of the Opposite Party.

 Again, we rely on the observations held in Appeal no.262 of 2019 dated 31.10.2019 by State Consumer Disputes Redressal Commission, Chandigarh and Appeal no.A-07 of 730 dated 12.11.2007 of State Consumer Disputes Redressal Commission, Delhi where the Opposite Party has been held liable for the similar deficiency in service.

          In view of the above mentioned discussions, it is clear that the Complainant is a consumer under the Opposite Party and there is deficiency in service on his part. As the amount of the ticket i.e. Rs.6,376/- has already been received by the Complainant so, he is only entitled to get compensation and the litigation cost.

          Accordingly, both these points are decided in favour of the Complainant. 

Hence, it is

                                                                                     O R D E R E D

That the Consumer Case No. 9 of 2021 is allowed on contest against the Opposite Party in part but with cost.

The Opposite Party is directed to issue one account payee cheque of Rs.5,000/-  as compensation and another account payee cheque of Rs. 5,000/- as litigation cost in favour of the Complainant within 45 days from the date of passing of this order failing which the Complainant is at liberty to execute the order according to law. 

       Let a plain copy of this order be supplied to the parties free of cost.