D.O.F:01/01/2021
D.O.O:21/11/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.01/2021
Dated this, the 21th day of November 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
1.John Kuruvila, aged 52 years,
S/o. Kuruvila (Late)
Mangattu House, Rajapuram P.O
Vellarikkund Taluk, Kasaragod District : Complainants
2. Sindhu John.
D/o Cyriac, aged 43 years,
W/o John Kuruvila
Mangattu House, Rajapuram P.O
Vellarikund Taluk Kasaragod District
(Adv: T.C Narayanan)
And
1. The Managing Director,
Ibibo Group Private Limited,
O/a 18th flor Tower A,B & 19 Floor A,B,C,
Epitome Building No.5, DLF Cyber City,
DLF Phase 3, Guragaon – 122002,
Hariyana, India,
(Adv: Nived K.V)
2. Jet Airways (India) Ltd. : Opposite Parties
Registtered Address.
Siroya Centre, Sahar Airport Road
City: Mumbai State: Maharashtra
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The complaint is filed under section 35 of the Consumer Protection Act, 2019.
The facts of the case in brief is that the complainants had entrusted with the Opposite Party to book flight tickets from Cochin to London, and return , to spend vacation in London along with their children. The opposite Party No.1 received Rs.2,16,402/- on 14.02.2019 and issued flight tickets of Opposite Party No.2, Jet Airways vide booking id No. ‘TUACWPMJM’. As per the itinerary, the departure of the flight was scheduled on 13.05.2019, from Cochin International Airport in the flight No.737-800 (Jet Airways India) at 6:00 AM and would arrive at the Mumbai Chathrapathi Sivaji Airport at 8:05 AM and ought to take the connection flight to London Heathrow Airport from the same terminal on 12:50 PM in the 737-300 (Jet Airways India). The return was scheduled on 30.05.2019 from London to Mumbai and Mumbai to Cochin as well . On 20.04.2019, the complainant had received a communication mail from the Opposite PartyNo.1, which stated that the Jet Airways booking for the complainants was cancelled, but no proper reason was cited . It was mentioned that the Opposite Party No.1 would soon initiate the process to refund the amount of the cancelled tickets. The complainants requested the Opposite Party No.1 to arrange ticket in other flights on the same day , so that their bookings in hotels, cab services, tour package benefits and all other travel scenerios, which were already booked and prepaid would not
be lost, but unfortunately the Opposite Party No.1 behaved in very negligent manner and they failed to respond to satisfy the complainant’s needs and as a consequence the complainants had incurred huge loss .The complainants had received another communication mail dated 27.04.2019 from the Opposite Party No,1 regarding the refund of their cancelled tickets, as per which the refund process was confirmed and it was informed that the refund would be reflected in the account of the complainants instantly. The complainants waited for the refund but no amount is seen credited in their accounts till date. The complainants contacted the Opposite Party No.1 on several occasions, but the Opposite Party miserably failed to gratify their promise. The complainants were constrained to spend huge amount to book flight tickets in belated stage to continue with their tour plan. They were constrained to pay an amount of Rs.50,000/-towards the additional cost of tickets. The act of the Opposite Parties amount to service deficiency and unfair trade practice due to which the complainant suffered mental agony and hardships apart from huge monitory loss. The complainant estimates their loss to a total amount of Rs.10,000,00/- including Rs.2,16,402 being the price of the cancelled tickets. Hence this complaint is filed for a direction to the Opposite Parties to pay the compensation and costs.
The opposite parties No.1 entered appearance and filed written Version. The notice to Opposite party No.2 returned as the addressee “left” . Since the notice is sent to correct address and there was no alternate address provided to the postal authority by the opposite party before leaving the station, the notice to the opposite party No.2 is taken as deemed to be served. The name of the opposite party is called, absent , set exparte.
As per the version of the Opposite Party No1, the complaint is absolutely frivolous and misconceived and mala fide. It is admitted that the complainants had booked flight tickets of opposite Party No.2, Jet Airways through them, by paying Rs.2,16,402/-vide booking id No. ‘TUACWPMJM’. The departure of the flight was scheduled on 13.05.2019, from Cochin International Airport at 6:00 AM and would
arrive at the Mumbai Chathrapathi Sivaji Air port at 8:05 AM and ought to take the connection flight to London Heathrow Airport from the same terminal on 12:50 PM . At the time of booking the complainants duly accepted the terms and conditions of the User agreement and also consented and adhered to the cancellation policy of the Opposite Party No1. The Opposite Party No.1 merely acts as a facilitator to enable the user to book a flight ticket. The contract of service for utilisation of tickets is always between the user and the concerned Airline. The refund will be processed as per the airline fare rules and cancellation policy. In this case the Opposite Party No.2 has cancelled the flight tickets, over which the Opposite Party No.1 has no control or say. The Opposite Party No.1 duly initiated the refund process by raising refund application with the Opposite Party No.2 . In case of any technical fault, lapse, change in price, sellouts, cancellation, prepones, postpones, or error in booking, the Opposite Party No.2 is liable to refund or to compensate. It is pertinent to mention here that the Opposite Party No.2, Jet Airways, the concerned Airlines herein has been placed in to bankruptcy protection dated
20.06.2019 and an interim Resolution Professional has been appointed by National Company Law Tribunal (NCLT). As a result, any refunds (full or partial) shall now get processed only as per the direction of the NCLT. It is submitted further that the International Air Transport Association(IATA), which is a private trade organisation vide circular dated 10.07.2020 has informed the Opposite Party No.1 that the
balance of security deposit held by the IATA is not sufficient to cover all the remaining refunds that have been approved by the Jet Airways. As per the above circular the Opposite Party No.1 will only receive approximately 8% of the total refunds approved by the Jet Airways. The Opposite Party No.2 processed
the refund amounting to Rs.15,886/- to Opposite Party No.1 and the Opposite Party No.1 shall forward the above Rs.15,886/- to the complainant , subject to the condition that the Opposite Party No1, being relieved of all its liabilities.
There is no negligence or service deficiency on the part of the Opposite PartyNo.1. The complainant is not entitled for any relief as prayed for and the complaint is liable to be dismissed.
The complainant filed proof affidavit in lieu of chief examination and documents Ext. A 1 to Ext. A 3 are marked .The PW 1 was cross examined .The Ext - A1 is the copy of Flight Tickets, Ext. A 2 is the copy of E-mail communication by opposite party No1 regarding cancellation. Ext. A 3 is the copy of E-mail communication by opposite party No1 regarding refund.
From the side of the opposite parties, documents Ext. B1 to Ext. B12 are marked .Even though Mr. S. Suresh, the Asst. Manager (legal)Opposite Party No.1 filed proof affidavit in lieu of chief Examination as DW1, he did not appear for cross examination subsequently. Ext B1 is the reply on behalf of IBIBO (Group) Pvt Ltd, Ext. B2 is the copy of the E-ticket along with cancellation policy, Bank Statement, Ext.B3 is the copy of user agreement, Ext.B4 is the civil aviation requirements, Ext.B5 is the copy of the guidelines issued by DGCA dated22.05.2018, Ext.B6 is the copy of SC Judgement dated 01.10.2020, Ext B7 is the copy of the order of NCLT, Ext.B8 is the copy of member communication 055.07.2019 No. (AC-AS): 523/2017-19/PREZ, Ext.B9 is the copy of the circular of IATA dated 10.07.2020, Ext B10 is the copy of the refund claim raised by OP No.1, for complainant, Ext.B11 is the copy of company Master Data, Ext.B12 is the Certificate U/S 65B of Indian Evidence Act.
Based on the pleadings and evidence of the rival parties in this case the following issues are framed for consideration?
1. Whether there is any service deficiency on the part of the opposite parties?
2. If so, what is the relief ?
For convenience, both these issues are considered together.
Here the specific case of the complainant is that he had had entrusted with the Opposite Party to book flight tickets from Cochin to London, and return , to spend vacation in London along with their children. The opposite Party No.1 received Rs.2,16,402/- on 14.02.2019 and issued flight tickets of Opposite Party No.2, Jet Airways vide booking id No. ‘TUACWPMJM’. As per the itinerary, the departure of the flight was scheduled on 13.05.2019, from Cochin International Airport in the boing flight No.737-800 (Jet Airways India) at 6:00 AM and would arrive at the Mumbai Chathrapathi Sivaji Airport at 8:05 AM and ought to take the connection flight to London Heathrow Airport from the same terminal on 12:50 PM in the Boeing 737-300 (Jet Airways India). The return was scheduled on 30.05.2019 from London to Mumbai and Mumbai to Cochin as well . On 20.04.2019, the complainant had received a communication mail from the Opposite PartyNo.1, which stated that the Jet Airways booking for the complainants was cancelled,
but no proper reason was cited . It was mentioned that the Opposite Party No.1 would soon initiate the process to refund the amount of the cancelled tickets. The complainants requested the Opposite Party No.1 to arrange ticket in other flights on the same day , so that their bookings in hotels, cab services, tour package benefits and all other travel scenerios , which were already booked and prepaid would not
be lost, but unfortunately the Opposite Party No.1 behaved in very negligent manner and they failed to respond to satisfy the complainants needs and as a consequence the complainants had incurred huge loss .The complainants had received another communication mail dated 27.04.2019 from the Opposite
Party No,1 regarding the refund of their cancelled tickets as per which the refund process was confirmed and it was informed that the refund would be reflected in the account of the complainants instantly. The complainants waited for the refund but no amount is seen credited in their accounts till date. The complainants contacted the Opposite Party No.1 on several occasions, but the Opposite Party miserably failed to gratify their promise. The complainant were constrained to spend huge amount to book flight tickets in belated stage to continue with their tour plan. They were constrained to pay an amount of Rs.50,000/-towards the additional cost of tickets. The act of the Opposite Parties amount to service deficiency and unfair trade practice due to which the complainant suffered mental agony and hardships apart from huge monitory loss. The complainant estimates their loss to a total amount of Rs.10,000,00/- including Rs.2,16,402 being the price of the cancelled tickets. Hence this complaint is filed for a direction to the Opposite Parties to pay the compensation and costs.
The Opposite Party No.1 admits that the complainants had booked flight tickets of opposite Party No.2, Jet Airways through them, by paying Rs.2,16,402/-vide booking id No. ‘TUACWPMJM’. The departure of the flight was scheduled on 13.05.2019, from Cochin International Airport at 6:00 AM and would arrive at the Mumbai Chathrapathi Sivaji Air port at 8:05 AM and ought to take the connection flight to London Heathrow Airport from the same terminal on 12:50 PM . It is also admitted that the above tickets were cancelled and the complainants could not travel by using that tickets. They have no case that the complainant has not suffered loss and hardships due to the above unilateral cancellation of tickets. Their argument is that they are not liable to pay any compensation on the strength of some agreements and circulars. The opposite Party No.1 submits that at the time of booking the complainants duly accepted the terms and conditions of the User agreement and also consented and adhered to the cancellation policy of the Opposite Party No1. The Opposite Party No.1 merely acts as a facilitator to enable the user to book a flight ticket. The contract of service for utilization of tickets is always between the user and the concerned Airline. The refund will be processed as per the airline fare rules and cancellation policy. In this case the Opposite Party No.2 has cancelled the flight tickets, over which the Opposite Party No.1 has no control or say. The Opposite Party No.1 duly initiated the refund process by raising refund application with the Opposite Party No.2 . In case of any technical
fault, lapse, change in price, sell outs, cancellation, prepones, postpones, or error in booking, the Opposite Party No.2 is liable to refund or to compensate.
The complainants argue that they booked flight tickets of the opposite party No.2 through the Opposite Party No.1, by paying necessary ticket fare and the opposite partyNo.1 issued flight tickets for their travel. No agreement or circulars were issued to them along with the tickets.
The documents Ext.B1 to B12 produced by the Opposite Party No.1 are issued not with the knowledge of the complainants. So these documents are not at all binding on them.
The opposite party No.1 states in their version that the Opposite Party No.2, Jet Airways, the concerned Airlines herein has been placed in to bankruptcy protection dated 20.06.2019 and an interim Resolution Professional has been appointed by National Company Law Tribunal (NCLT). As a result, any refunds
(full or partial) shall now get processed only as per the direction of the NCLT. It is submitted further that the International Air Transport Association(IATA), which is a private trade organisation vide circular dated 10.07.2020 has informed the Opposite Party No.1 that the balance of security deposit held by the IATA is not sufficient to cover all the remaining refunds that have been approved by the Jet Airways. As per the above circular the Opposite Party No.1 will only receive approximately 8% of the total refunds approved by the Jet Airways. The Opposite Party No.2 processed the refund amounting to Rs.15,886/- to Opposite Party No.1 and the Opposite Party No.1 shall forward the above Rs.15,886/- to the complainant, subject to the condition that the Opposite Party No1, being relieved of all its liabilities.
The complainant submits that they have suffered great loss due to the unilateral cancellation of flight Tickets and they, being entitled for the refund of the full amount along with compensation, are not ready satisfy with such a meagre amount of Rs.15,886/-, offered by the opposite party No.1.
Therefore with the facts and circumstances of the case, this commission is of the view that there is service deficiency on the part of opposite parties and they are liable to refund Rs.2,16,402/- the amount paid by the complainant towards the ticket charges. The complainants are also entitled for compensation loss and hardships suffered by them due to the unilateral cancellation of flight tickets by the opposite parties.
The complainants submits that they suffered a damage to the tune of Rs.10,00,000/-. But they have not produced any reliable documents to show such a huge amount of loss. This commission hold that Rs. 1,00,000/-will be a reasonable compensation.
In the result the complaint is allowed, directing the opposite parties jointly and severally to pay Rs.2,16,402/- to the complainant with interest at the rate of 8% per annum from 01.01.2021, the date of complaint, to the date of payment. The opposite parties are also directed to pay Rs. 1,00,000/- (Rupees one lakh only) towards compensation and Rs.5,000/- (Rupees Five thousand only) towards costs.
Time for compliance is 30 days from receipt of the copy of the Judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Payment Invoice Dt: 14/02/2019
A2 – series – Air tickets
A3- E-mail communication
B1- Reply on behalf of IBIBO (Group) Pvt Ltd.
B2-Copy of the E-tickets
B3- Copy of the user agreement
B4- Copy of the Civil Aviation requirement
B5- copy of the guidelines issued by the DGCA Dt: 22/05/2008
B6- Copy of the judgment
B7- Copy of the order from NCLT
B8- Copy of the member communication Dt: 05/07/2019
B9- Copy of the circular issued by the IATA dt: 10/07/2020
B10- Copy of the refund claims raised by OP No.1
B11- Copy of the company master data.
B12- The certificates U/S 65 B of Indian Evidence Act.
Witness Examined
Pw1- John Mangattu Kuruvila
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
