ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Parties (herein referred in short as O.Ps) alleging the deficiency in service in not refunding the air fair charges even though the flights were cancelled and for refund of Rs.63,638/- being the flight charges and for Rs.50,000/- for suffering mental agony due to the deficiency in service on the part of OP and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

OP1 and 2 are the operators of Indigo Airlines.  Complainant is the consumer and OPs are the service providers.  Complainant is a practicing advocate.  He used to visit Shabarimala temple every year.  He booked tickets for himself for his family members and relatives through “clear trip” from Bangalore to Cochin to travel on 13.08.2018 through 1^st OPs flight and to return on 15.08.2018, for three persons to travel from Mumbai to Cochin and back. He had paid in all a sum of Rs.63,638/- for the ticket through website by using his debit card.  The booking was confirmed. Under PNR No.FM1LQB 2 tickets for the same destination was booked by him for his relatives by paying Rs.3,264/- which is also liable to be refunded.  To his utter shock the return flight E709 was cancelled unilaterally which resulted in severe hardship inconvenience and embarrassment. Hence he had to cancel the entire trip and requested for cancellation and refund of the entire tickets.  On account of closure of the cochin airport, OP1 cancelled all its flight from cochin, due to which OP1 was required to refund the entire amount and also to pay damages of Rs.50,000/- for cancellation of the flights.  There were no flights operated from cochin airport and the airport was closed, for which, all the other flight operators returned the entire ticket amount, whereas, OP1 and 2 though requested did not refund the amount.  They ought to have voluntarily refunded the amount. The legal notice was also issued to OP1 and 2 demanding for refund of the amount.  They have not either replied the same nor complied with the demand.  Due to the act of OPs, complainant has suffered severe mental agony and also financial loss which amounts to deficiency in service and unfair trade practice.  Hence this complaint.

3.      Upon the service of notice, OP appeared before the Commission and filed the version admitting that the complainant booked ticket for travel in Indigo airlines on 13.08.2019 from Bangalore to Cochin and from Cochin to Bangalore on 15.08.2019 by paying the requisite flight charges and other taxes.  It is contended in the version that it is bound by the policy of returning the airfare in respect of cancellation of ticket, in respect of cancellation of flight and on other contingencies.

4.      It is contended that the complainant has suppressed the material facts.  Further since OP1 is having its office at Delhi, the courts at Delhi only has jurisdiction to try this complaint.

5.      It is further contended that the complainant booked one ticket under PNR No.SYTZ5F for one person and the said person did not came to the airport to take the flight on 13.08.2018 and hence it was considered as “NO SHOW” by the passenger and hence a sum of Rs.514/- was refunded after deducting government and statutory taxes on 12^th September 2018 to the account from which the payment for booking was done.  

6.      In respect of PNR FM1IQB also, as per the record the said travelers cancelled the two tickets booked from Bangalore to Cochin on 13.08.2018 and hence an amount of Rs.1,136/- after deducting applicable cancellation charges have been refunded to the account used for booking tickets i.e., the account of the third party online travel company. 

7.      In respect of PNR No.KY88WI, totally nine tickets were booked for the flight from Bangalore to Cochin on 13.08.2018.  They were to board the flight on 13.08.2018 to go to Cochin and catch the flight on 15.08.2018 from Cochin to Bangalore.  The return flight from Cochin to Bangalore was cancelled due to non availability of the run way at Cochin international airport due to heavy floods prevalent throughout cochin which is an act of God and an unforcen circumstances, which was beyond the control of Interglobe Aviation Ltd.,

8.      Complainant requested for a change for return travel from Cochin to Bangalore on 16^th August 2018, which was accepted.  On 12^th August 2018 complainant willingly got his booking on board flight No.6E 521 from Cochin to Bangalore cancelled. In view of the multiple changes in the return journey of the complainant purely as a onetime exception the complainant was provided the full refund of return journey fair an amount of Rs.29,385/- in addition to a refund of Rs.8,208/- already made in respect of journey from Bangalore to Cochin. They are bound by the Indigo conditions of carriage domestic goods regarding check in formalities, right to refuse carriage, changes and cancellation as applicable on the date of booking of the tickets.  The passengers were informed to adhere to the time schedule at the check in counter, and also departing time by short message services to the registered mobile given at the time of booking the tickets.  The complainant is not entitled for the entire full ticket amount paid for refund and also Rs.50,000/- as damages as claimed.  There is no deficiency in service on its part and hence prayed the forum to dismiss the complaint.

9.      In order to prove the case, both the parties filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Parties?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

10.   Our answers to the above points are:-

POINT NO.1 & 2:             In the Negative

                                                For the following.

REASONS

11.   POINT No.1:-

   Perused the complaint, version, affidavit evidence and the documents produced by respective parties.  It is not in dispute that the complainant booked one ticket under PNR No. SYTZ5F, nine tickets under PNR No. KY88WI and two tickets under PNR No.FM1IQB, by paying Rs.41,283/- Rs.4,961/-, Rs.14,130/- and Rs.3,264/-.

        12.   It is the specific case of the complainant that since OP did not operate the flights from Cochin airport as there was heavy rains and as the all the flights were cancelled he has to be compensated for the full amount, which he has paid to purchase the tickets from Bangalore to Cochin and Cochin to Bangalore flight without any deductions.  Inspite of issuing the legal notice, as OP did not comply the demand of refund of the entire ticket amount, he filed this complaint seeking refund of the same and also damages of Rs.50,000/- for suffering mentally, physically and financially. 

13.   On the other hand, it is the specific defence of the OP that on 13.08.2019 the complainant along with other members of the family were to take the flight to travel from Bangalore to Cochin and on 15.08.2019 they were supposed to return from Cochin to Bangalore.  It is its specific case that, one passenger who booked under PNR No.SYTZ5F did not turn up to take up travelling on 13.08.2019 and hence the same was treated “NO SHOW” and as per the prevailing rules and regulations it refunded Rs.514/- towards the said ticket to the account of the person from whom the ticket was booked.  

14.   In respect of the nine persons who booked ticket under PNR No. KY88WI, they were refunded Rs.8,208/- in respect of cancellation of the ticket from Bangalore to Cochin the journey to be taken on 13.08.2018 and refunded the full amount of the value of the ticket i.e., Rs.29,385/- in respect of the travel from Cochin to Bangalore since the flight from Cochin to Bangalore was cancelled due to non availability of the run way at Cochin International Airport due to heavy floods which was beyond its control and an act of God.  Out of humanitarian consideration, out of goodwill and service gesture waived the entire cancellation fee and refunded the said amount.  

15.   In respect of two passengers who booked ticket under PNR No.FM1IQB since they cancelled the ticket on 12.08.2018 for both journeys refund of Rs.1,136/- has been made to the account from which the amount was paid. Hence there is no deficiency in service on their part and they have acted in accordance with the rules and regulations and hence not liable to refund the entire ticket amount and further they are not liable to pay any damages to the complainant.  

16.   On perusing the documents produced by both the parties that to in particular, Ex.R1 to R6, it becomes clear that passenger booked under PNR No.SYTZ5F cancelled the ticket and hence as per the rules and procedure prevailing in respect of refund policy against cancellation, a sum of Rs.514/- has been refunded.  In respect of nine passengers who booked ticket under PNR No. KY88WI a sum of Rs.37,593/- has been refunded.  In respect of two other passengers who booked ticket under FM1IQB a sum ofRs.1,136/- against Rs.3,264/- has been paid.  This fact has been suppressed by the complainant in his complaint.

17.   When such being the case, we see no reason for the complainant to file this complaint, when they themselves have cancelled the flight ticket.  It may be due to the inclement weather at the Cochin airport from where they were to return.  Inspite of it, OP has taken into consideration, the said fact and refunded the maximum amount possible in respect of nine tickets booked under PNR No.KY88WI and partial amount in respect of three other passengers who booked tickets under two different PNR number as mentioned above as per the refund policy. Hence there is no deficiency in service on the part of OP and hence complainants are not entitled for any of the reliefs prayed for. Hence we answer Point No.1 and 2 in the negative and pass the following;

ORDER

1. Complaint is Dismissed with cost.
2. Complainant is directed to pay a cost of Rs.10,000/- to OP towards legal expenses in fighting this case.
3. The complainant is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
4. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 15^TH  DAY OF MARCH 2021)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the confirmation of cancelling the flight on that particular date by airlines informing the amount of refund whereas I have not received the payment

Ex P2: Copy of the legal notice served on OP as per the postal acknowledgement

Ex. P3: Certificate u/s 65B of the Indian Evidence Act.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri.Rahul Kumar

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Copy of the letter of Authorization.

Ex R2: Copy of the letter incorporation issued by Ministry of Affairs, Government of India.

Ex R3: Copy of the reservation summary of PNR SYTZ5F and KY88WI and FM1IQB (3 Nos.)

Ex R4: Copy of the conditions of carriage

Ex R5: Copy of the newspaper report

Ex R6: Copy of the certificate u/s 65B of Indian Evidence Act.

MEMBER                                    PRESIDENT