Order by:
Sh.Amrinder Singh Sidhu, President.
1. The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that he alongwith his wife purchased return air tickets No.0143389968491 and 0143389968489 for 28.04.2020 and returned ticket for 24.07.2020 for the airline Air China Limited CA 948 from Opposite Party No.1 from New Delhi to Winnipeg via Toronto and paid Rs.1,56,500/-. Opposite Party No.1 is the authorized agent of Opposite Party No.2 due to which both the Opposite Parties are responsible for their act and conduct. Lateron, due to corona, Opposite Party No.1 advised the complainant to change the airline due to highly spread of corona disease at China, to which the complainant agreed and accordingly, Opposite Party No.1 changed the said air tickets with their consent and new flight with a new tickets number and new date and issued two new air tickets by adjusting the earlier amount of Rs.1,56,500/- and again issued two new tickets vide ticket No.ETKT0143319185506-07 and No.ETKT0143319185508-09 and also charged additional amount of Rs.3900/- for the said purpose and booked the tickets of complainant and his wife for visiting to Canada from Delhi International Airport with a departure dated 9.04.2020 and with return date 24.07.2020. Further alleges that thereafter in the month of March 2020 there was a complete lockdown in India and as well as all over the world due to which Opposite Party No.1 informed the complainant through email dated 08.04.2020 regarding cancellation of the air flights due to spread of corona virus in India and all over the world and Opposite Parties assured the complainant to refund the total amount of tickets to the complainant within a short period. Thereafter, a number of times, the complainant requested the Opposite Parties to refund the tickets amount, but the Opposite Parties are dilly delaying the matter on one pretext or to another and not refunded a single penny to the complainant till today, which amounts to deficiency in service on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
- To direct the Opposite Party to refund the amount of
Rs.1,60,400/- on account of price of the air tickets and also to pay Rs.1 lakh as compensation for causing him mental tension and harassment besides Rs.22,000/- as costs of litigation or any other relief which this District Consumer Commission may deem fit and proper may be awarded to the complainant.
Hence this complaint has been filed by the Complainant for the redressal of his grievances.
2. Upon notice, none has appeared on behalf of Opposite Parties despite service, hence Opposite Parties were proceeded against exparte by this District Commission.
3. In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C13, another affidavit Ex.C14 and closed the evidence.
4. We have heard the ld.counsel for the Complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that the complainant purchased return air tickets No.0143389968491 and 0143389968489 for 28.04.2020 and returned ticket for 24.07.2020 for the airline Air China Limited CA 948 from Opposite Party No.1 from New Delhi to Winnipeg via Toronto and paid Rs.1,56,500/-. Opposite Party No.1 is the authorized agent of Opposite Party No.2 due to which both the Opposite Parties are responsible for their act and conduct. Lateron, due to corona, Opposite Party No.1 advised the complainant to change the airline due to highly spread of corona disease at China, to which the complainant agreed and accordingly, Opposite Party No.1 changed the said air tickets with their consent and new flight with a new tickets number and new date and issued two new air tickets by adjusting the earlier amount of Rs.1,56,500/- and again issued two new tickets vide ticket No.ETKT0143319185506-07 and No.ETKT0143319185508-09 and also charged additional amount of Rs.3900/- for the said purpose and booked the tickets of complainant and his wife for visiting to Canada from Delhi International Airport with a departure dated 9.04.2020 and with return date 24.07.2020. Further contended that thereafter in the month of March 2020 there was a complete lockdown in India and as well as all over the world due to which Opposite Party No.1 informed the complainant through email dated 08.04.2020 regarding cancellation of the air flights due to spread of corona virus in India and all over the world and Opposite Parties assured the complainant to refund the total amount of tickets to the complainant within a short period. Thereafter, a number of times, the complainant requested the Opposite Parties to refund the tickets amount, but the Opposite Parties are dilly delaying the matter on one pretext or to another and not refunded a single penny to the complainant till today, which amounts to deficiency in service on the part of the Opposite Parties. To prove the aforesaid contention, ld.counsel for the complainant has placed on record the duly sworn affidavits of the complainant Ex.C1 and Ex.C14, copy of air ticket payment receipt Ex.C2, copy of itinerary details Ex.C3 and Ex.C4, copy of payment receipt Ex.C5, copy of another passenger itinerary receipt Ex.C6 and Ex.C7, copy of legal notice Ex.C8, copy of reply of legal notice Ex.C9, copy of postal receipts Ex.C10 and Ex.C11, copy of message Ex.C12, copy of aadhar card Ex.C13. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties did not opt to appear and contest the proceedings. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint.
6. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Parties has adopted unfair trade practice and deficiency in service by not refund the air ticket amount to the complainant. On this count, the Complainant prayed for the refund of the amount of Rs.1,60,400/- charged on account of air tickets and also to pay Rs.1 lakh as compensation for causing him mental tension and harassment or other relief which this District Consumer Commission may deem fit and proper may be awarded to the complainant, but we are of the view that the claim for compensation to the tune of Rs.1 lakh appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other.
7. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant against the Opposite Parties and both the Opposite Parties are jointly or severally directed to refund the amount of Rs.1,60,400/- (Rs. One lakh sixty thousands four hundred only) to the complainant alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 22.03.2021 till its actual realization. Compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
Announced in Open Commission.
Dated: 11.07.2022.
