Orissa

Cuttak

CC/121/2021

Anand Kumar Mundhra - Complainant(s)

Versus

The Managing Director,Happy Easy Go - Opp.Party(s)

self

15 Dec 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.121/2021

 

Mr. Anand Kumar Mundhra,

Represented through his brother Narayan Mundhra,

s/O:Muralidhar Mundra,At:CDA-6,Plot No.1565/21,

Narayan Niwas,CuttackkOdisha-753014.                                ... Complainant.

 

                                                                Vrs.

1.      The Managing Director,

             Happy Easy Go,Plot No.242 & 243,Phase-IV,

                                         Gurugram,Haryana-122015.

 

2.      The Regional Manager,

Air Asia India Ltd.,Aerodrome Area,

Bhubaneswar,Odisha.

 

3.     The Managing Director,

Air Asia India Ltd.,Kempiguda

International Airport Ground Floor,

Alpha-3 building,Devanahalli,Bengaluru,

Karnataka-560300.                                                                   ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri Sibananda Mohanty,Member.

 

               Date of filing:     11.08.2021

Date of Order:    15.12.2022

 

For the complainant:        Self.

For the O.Ps.              :          None.

 

Sri Debasish Nayak,President.           

          The case of the complainant as made in the complaint petition in short is that he had booked flight ticket from the official Website of O.P no.1 vide order I.D. No.733582649704203670 on 28.10.20 for his journey with Air Asia 15813 from Bhubaneswar to Delhi on 2.11.20 and his ticket reference no. was Q8RFHH.  He had paid an amount of Rs.4289/- on 28.8.21 but before his journey he received a cancellation intimation from O.Ps no.2 & 3 that his money will be refunded within 7 to 10 days but no such refund was made even after his repeated persuasions.  It is for this he had to send pleader’s notice to all the O.Ps on 7.5.21 and ultimately he had to file this case with a prayer to get refund of his ticket cost of Rs.4289/- as paid by him alongwith a compensation of Rs.2,50,000/- from the O.Ps.

          The complainant together with his complaint petition has filed copies of his e.ticket, the cost thereof, the legal notice and copies of the cancellation papers etc.

2.       Having not contested this case all the O.Ps were set exparte vide order dt.13.6.2022.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No.ii.

Out of the three points, point no. ii being the pertinent one is taken up first for consideration here in this case.

The complainant had booked flight ticket from the official Website of O.P no.1 vide order I.D. No.733582649704203670 on 28.10.20 for journey with Air Asia 15813 from Bhubaneswar to Delhi on 2.11.20 and he had paid an amount of Rs.4289/- to the O.Ps for the ticket on 28.8.21 but before his journey he received a cancellation intimation from O.Ps no.2 & 3 that his money will be refunded within 7 to 10 days but no such refund was made even after his repeated persuasions.    Even though he had served legal notice on the O.Ps but of no avail for which the complainant had to file this case before this Commission.  So the O.Ps have committed deficiency in rendering service to the complainant.

            Points no.i & iii.

From the discussions as made above, the case of the complainant is maintainable and he is entitled to the reliefs as claimed by him but to the reasonable extent.

                                    ORDER

Case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to refund the cost of the cancelled flight ticket i.e. Rs.4289/- to the complainant and to pay a sum of Rs.1,00,000/- as compensation towards his mental agony and harassment alongwith his litigation cost.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 15^th day of December,2022 under the seal and signature of this Commission.   

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                            Sri Sibananda Mohanty

                                                                                Member