Haryana

Panchkula

CC/361/2022

DR YOGITA PARASHAR - Complainant(s)

Versus

THE MANAGING DIRECTOR - Opp.Party(s)

KUNAL GARG

30 Oct 2024

ORDER

            BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

Dr. Yogita Parashar, D/o Sh. Hariom Parashar, R/o Flat No.43, Bank Appartments, Sector-4, Plot No.22, Dwarka, Delhi.

                                                                           ….Complainant

Versus

1.     The Managing Director/Chairman, Journey Cook

2.     Journey Cook through it’s A.S./A.R./Director

        SCO 411, 2^nd Floor Sector-20, Panchkula-134116, Punjab

        Also at- Konasth House, SCO-6-7, Peer Muchalla, Zirakpur-       140603, India.

                                                                                                                                                                                                         ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

Before:              Sh.Satpal, President.

Dr.Sushma Garg, Member

Dr.Suman Singh, Member

For the Parties:   Sh. Kunal Garg, Advocate for the complainant.

                        OP No.1 given up vide order dated 17.05.2023.

                        OP No.2 ex-parte vide order dated 24.04.2023.

ORDER

(Satpal, President)

1.             The brief facts, as alleged, in the present complaint, are, that the complainant contacted the Opposite Parties No.1 & 2 (hereinafter referred to as OPs No.1 & 2), who claimed themselves to provide hassle free travel related services to the customers, and booked air tickets for three adults from their website; an amount of Rs. 75,000/- and Rs.10,000/- was paid by the complainant for the said booking on 22.02.2020 and 25.02.2020 respectively; the said booking was for the air journey on 15.04.2020 from Delhi to Singapore  through air flight i.e. AI 380 of Air India and the return journey was scheduled for 20.04.2020 from Singapore to Delhi via Air India Airlines bearing Flight No.AI-381. It is averred that one employee  of OP’s, namely, Somya Gupta, having mobile no.9041035917, from her email ID th of February 2020 itself into the account of the OPs. Due to the emergence of Covid-19 pandemic, the air journey was cancelled and in respect of the same, Sh.Sanjeev Sood and Sh.Rakesh Verma employees of OPs No.1 & 2 were contacted, who assured the complainant about the entire refund. Sh. Rakesh Verma vide his email dated 29.06.2020 informed the complainant that a sum of Rs. 62,540/- would be refunded out of the entire amount as paid by her but nothing has been refunded to her so far. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             The OP No.1 was ordered to be given up on the basis of statement, which was recorded separately, made by the learned counsel for the complainant, on 17.05.2023.

                Notice was issued to the OP No.2 through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP No.2; hence, it was deemed to be served and thus, due to non appearance of OP No.2, it was proceeded ex-parte by this Commission vide its order dated 24.04.2023.

3.             To prove the case, the ld. counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-5 in evidence and closed the evidence by making a separate statement.

4.             We have heard the ld. counsel for the complainant and gone through the entire record available on the file including synopsis filed by the complainant, minutely and carefully.

5.             During arguments, the learned counsel for the complainant reiterated the averments as made in the complaint as also in the affidavit Annexure C-A and contended that the air tickets were purchased by the complainant from the OPs for the air journey  from New Delhi to Singapore  by paying a sum of Rs.10,000/- on 22.02.2020 and Rs.65,000/- on 25.02.2020 but the air tickets were cancelled  due to the emergence of Covid-19 Pandemic in the month of March  and thus,  no services were availed by the complainant in  lieu of the amount of Rs.75,000/- as paid by the complainant. It was argued that the OP No.2 through its employee, namely, Sh. Rakesh Verma had informed the complainant that she would be refunded an amount of Rs.62,540/- in lieu of the price of the cancelled air tickets but the OP No.2 has neither refunded any amount qua the cancelled air tickets nor replied to the legal notice sent to it(OP No.2) on 03.11.2021 and  thus, the complaint is liable to be accepted by granting the relief as claimed for in the complaint.

6.             The OP No.1 was given up vide order dated 17.05.2023.

7.             The OP No.2 has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, it was proceeded ex-parte vide order dated 24.04.2023 and thus, the assertions made by the complainant against them go unrebutted and uncontroverted.

8.             Evidently, the booking of air journey on 22.02.2020 from Delhi to Singapore vide flight no.A-380 on 15.04.2020 and return journey from Singapore to Delhi on 20.04.2020 vide flight no.A-381 was made by the complainant.  The air tickets were cancelled due to the emergence of Covid-19 pandemic and the OP No.2 vide email dated 29.06.2021 through its employee, namely, Sh.Rakesh Verma informed the complainant that she would be refunded an amount of Rs.62,540/-  in lieu of the price of the cancelled air tickets  for the sake of clarity and convenience, the contents of said email dated 29.06.2020 is reproduced as under:-

Booking & Payment Details @ Booking ID: JCKSPLFEB20024

Rakesh Verma Journ…..6/29/2021

to me, sanjeev, sanjeev, Sahil

Good Evening Sir/Mam,

This is further to our discussion on concall with Mr. Sanjeev Sood, booking and payment  details are given below:-

Payment received: INR 10,000 on 22 Feb 2020 and INR 65000 received on 25 Feb 2020

Total payment received: INR 74,000

Tickets were issued for INR 63,543

Refund  received from supplier against Air-tickets 61083(1230  per person  deducted supplier for issuance and refund process)

Services charges of JourneyCook INR 4500 per person

Total refund amount will be INR 62,540

 Kindly acknowledge the email for enabling us to give you date for refund processing.

9.             A bare perusal of above email would reveal that a total payment of Rs.74,000/- was received by the OP No.2 from the complainant qua the air journey, out of which, an amount of Rs.61,083/- has now been received from the supplier i.e. Air India qua the refund of  price of air tickets. As per above email, sum of Rs.1,230/- per person has been deducted by the air India as processing charges. Further, as per above email, the total refund amount has been shown as Rs.62,540/- but as per the version of the complainant supported by her affidavit(Annexure C-A) and latest affidavit dated 03.08.2024, no amount has been refunded to her by the Op No.2; thus, the Op No.2 has failed to refund the amount as paid by the complainant to it qua the price of the cancelled air tickets despite the fact that a sum of Rs.61,083/- has already been received by it from the Air India. Even the refundable amount i.e. Rs.62,040/- as shown in email dated 29.06.2021 (Annexure C-4) as reproduced above has not been refunded so far. Further, the OP No.2 has preferred not to contest the present complaint by remaining absent from the proceedings of the present case and thus, the contentions of the complainant against it(OP No.2) go unrebutted and uncontroverted.

10.            From the above discussion, it is crystal clear that the OP No.2 has withheld the amount qua the air tickets as paid by the complainant to it(OP No.2) without providing  any services to her. As per well settled legal proposition, it is impermissible for the service provider to forfeit/withhold the amount qua which no services were provided by it to the consumers; thus, we conclude that the OP No.2 was deficient while rendering services to the complainant.

11.            In relief, the complainant has claimed the refund of Rs.75,000/- as paid by the her qua the air tickets. Further, she had claimed a sum of Rs.50,000/- and a sum of Rs.50,000/- on account of mental agony, harassment and litigation charges respectively.

                As per email dated 29.06.2021(Annexure C-4), the total payment was received by the OP No.2 was Rs.74,000/-. The deduction of sum of Rs. 2,000/- on account of processing charges etc. keeping in view of the facts and circumstances of the present case, is proper and justified; thus, after making deduction of Rs.2,000/- on account of processing charges etc., the sum of Rs.72,000/-(Rs.74000-2000) remains payable by the OP No.2 to the complainant.   

12.            As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP No.2:-

1. To refund a sum of Rs.72,000/- to the complainant, along with interest(simple interest) @ 9% per annum w.e.f. 29.06.2021 i.e. the date of receipt of the email (Annexure C-4) till its realization. 
2. To pay an amount of Rs.10,000/- to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,500/- as cost of litigation charges.

13.            The OP No.2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP No.2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP No.2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 30.10.2024

        Dr. Suman Singh            Dr.Sushma Garg                Satpal

                Member                     Member                             President

Note: Each and every page of this order has been duly signed by me.

                                               Satpal

                                         President