DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 9^th day of May, 2023

Present : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                       

             : Sri.Krishnankutty N.K., Member         Date of filing: 14/12/2022 

CC/249/2022

Elizabeth John

    D/o John Joseph, Mulerickal House

    English Church Road

    Palakkad – 678 014                                                 -         Complainant                                            

(By Adv. M/s Sheeba.C & Jacob Roni Mukkada)

                                                           V/s

    Director

    Happyeasygo.com

    AIHP Palms, Plot No: 242 & 243

    Phase 4, Sector 18, Gurugram

    Haryana – 122 015                                                 -         Opposite party

(Ex-parte)

O R D E R

By Smt. Vidya.A, Member

1.  Pleadings of the complainant in brief

      Complainant booked a ticket for travelling from Kolkata to Coimbatore through the opposite party, which is an online booking site for attending her brother’s wedding function.  The ticket was booked on 1^st September 2022 and the journey was scheduled on 1^st October 2022.  The complainant paid an amount of Rs. 15,221/- as ticket charges to the opposite party.

          The complainant could not travel as scheduled due to cancellation of Indigo flight.  On enquiry about the refund, the opposite party assured that the refund will be processed within 10 to 15 working days after it is credited to their account by the airlines.

          On further enquiry with the airlines, it is revealed that the amount has been deposited to the opposite party’s account several weeks ago. 

          The complainant sent e-mails and made repeated demands for the refund of the amount.  Eventhough they responded initially, later on there was no response from their part.

          Complainant sent Lawyer notice to the opposite party on 26/10/2022.  The notice was received by the opposite party.  But they did not respond or refund the amount. 

          The act of the opposite party in not refunding the amount is a clear deficiency in service on their part.  The complainant suffered mental agony and financial hardship on account of the conduct of the opposite party. 

          Hence this complaint is filed for directing the opposite party

1. To refund Rs. 15,221/- being the flight ticket charge together with 12% interest from 26/10/2022 till realization.
2. To pay an amount of Rs. 50,000/- towards compensation for the mental agony and damage caused to the complainant.
3. To pay the cost of the proceedings and such other incidental reliefs which the Commission deems fit and proper.

2.   After admitting complaint, notice was issued to the opposite party.  Notice returned unserved and the complainant was directed to produce e-mail or correct address.  Notice was served on opposite party through e-mail.  But they did not appear or file version.  Their name was called in open court and set ex-parte.     

3.   Complainant filed proof affidavit and Exts. A1 to A4 marked (A4 in series).  Heard.

4.  Points to be considered

1. Whether there is deficiency in service/unfair trade practice on the part of opposite party?
2. Whether the complainant is entitled to the reliefs?
3. Reliefs if any, as cost and compensation.

5.  Points 1 to 3 

      Complaint averment is that the complainant had booked a ticket through the opposite party; an online booking site on 16/09/2022 on payment of Rs. 15,222/-  Due to cancellation of Indigo flight, she could not travel as scheduled.

          The complainant asked for the refund of the amount from the opposite party.  They informed that it will be processed within 10 to 15 days of crediting it to their account by airlines.  But they did not refund it even after the amount being deposited in the account by the Airlines.

6.   In support of her claim, the complainant produced copy of Air ticket dated 01/10/2022 which is marked as Ext. A1.  In Ext. A1 the ticket charge is shown as Rs. 15,221/-  Ext. A2 is the copy of Refund request made by the complainant to the opposite party.  In this status of Refund is shown as

      “Refund request received

      Process initiated

      Your refund request has been forwarded to the airlines.  Once received, the refund amount will be transferred to your account within 48 hrs”. 

7.   Ext. A3 is the Refund summary issued by Indigo Airlines to the opposite party.

          In this payment status is shown as “complete” and total refund amount is “INR 15,551/-”.  In Ext. A3, under the heading ‘Refund processed’ it is written as “The refund has been processed by IndiGo and pending with your travel partner, please connect with your booking partner/travel agent for more details”.       

8.   From the evidence adduced, the complainant had proved a prima-facie case that the ticket charge is refunded by Airline to the opposite party.  So there is deficiency in service and unfair trade practice on the part of the opposite party in not refunding the amount to the complainant and they are bound to compensate the complainant for that.  The conduct of the opposite party in not refunding the amount even after long period would have definitely caused mental agony to the complainant and financial loss.

      Resultantly the complaint is allowed.

      We direct the opposite party

1. To refund Rs. 15,221/- being the ticket charge together with 10% interest from 26/10/2022 till realization.
2. To pay Rs. 15,000/- as compensation for their deficiency in service and Rs. 10,000/- for the mental agony suffered and Rs. 10,000/- as cost of the litigation.

The opposite party shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 500/- per month or part thereof until the date of payment in full and final settlement of this order. 

Pronounced in open court on this the 9^th day of May, 2023.

                                                                                           Sd/-

                                                                                    Vinay Menon V

                                                                               President                                              

                                                       Sd/-

              Vidya.A

                             Member   

                                                                                             Sd/-

                                                                                  Krishnankutty N.K.

                                                                                           Member

APPENDIX

Documents marked from the side of the complainant:

Ext. A1: Copy of Air Ticket dated 01/10/2022.

Ext. A2: Copy of Refund application.

Ext. A3: Copy of Refund summary.

Ext. A4: Lawyer notice dated 31/10/2022.

Documents marked from the side of opposite parties:

Witness examined from the complainant’s side:

Witness examined from the opposite parties side:

Cost- Rs. 10,000/-  

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.