Complainant Mr. Rajat Roy So Late Rabindra Nath Roy of Jamidar Para, P.O. - Paharpur, P. S. Kotwali, Dist. Jalpaiguri file the case before this commission and declare as under:
The complainant planed for a short pleasure trip to Goa from Bagdogra and had booked six numbers of Air Tickets from Indigo Airlines in Economy class with the following co passengers.
a) Complainant (self)
b) Smt. Priyanka Roy Dey W/o Raja Roy of Jamidar Para, P.O. Paharpur P. S. Kotwali, Dist.- Jalpaiguri.
c) Oishi Roy D/o Raja Roy (Minor) C/o Raja Roy of Jamidar Para, P.O. - Paharpur P. S. Kotwali, Dist.- Jalpaiguri.
d) Rudra Roy S/o Raja Roy of Jamidar Para, P.O. - Paharpur P. S. Kotwali, Dist.- Jalpaiguri.
e) Abhijit Das S/o Ashoke Das, Vivekananda Para, P. S. Kotwali, P.O. & Dist. Jalpaiguri.
f) Smt. Piyali Paul (Das) W/o Abhijit Das of Vivekananda Para, P. S. Kotwali, P.O. & Dist.- Jalpaiguri.
Version of the complainant
The complainant stated that he owing to that said purpose of pleasure trip from Bagdogra to Goa, he had borne Rs. 63,702/- for the first instance or phase as he, all over again had expended another Rs. 7,349/- with the said amount on the ground of increasing the price of tickets being demanded by the O.P. Agency. The above said Rs. 7,349/- was demanded by a Phone No. 012464334800 to the Mobile of me that is 8348412138.The said journey or trip dated 23.3.22, (onward journey) relevant to 28.3.22 as well as other intended co passengers the MA Part 2 examination by the complainant and Mr. Abhijit Das (Co-passenger) was scheduled in the same time by the concern university of their and the same collided to each other in the same time. Thereafter on 24.2.2022 through on-line site had cancelled tickets under number IM430J and SPG BPG PNR. After the said cancellation of ticket as stated above the refund of money was calculated and shown of Rs. 41,502/- by Indigo Airline (POP) and it was assured and stated by the POP that the refund would be made, that OP-1. The Party (Travelock Agency) would refund the money by any available means, being assured by the OP-1 as official. On 7.3.2022 that the complainant from his e-mail account informed the whole matter to the said travel agency but with no result and once again mail was sent to the agency by the complainant to the same effect in regard to the legitimate refund of money against cancellation of tickets as stated are herein above. Thereafter in support of the said refund summary having from the POP to the satisfaction of OP was sent by the complainant lightening to the fact that the refundable money is lying to the OP but the series of Mail, to the O.P. but the series of Mail, to the O.P. sent by the complainant till date yielded nothing. It is pertinent to mention here that, refundable from the concern Air Line that is Air Indigo (POP) stands to the tune of Rs. 59,502/- (Refundable amount Rs. 41502/- and cancellation charge of Rs. 18,000/-) but the O.P. agency submitted their Bill to me upon the said booked tickets to the tune of Rs. 71,051/- and that the Op No. 1 actually took Rs. 59,502/ and refunded Rs. 28,536/ as first refund and Rs. 12966/ as second refund along with cancellation charge Rs. 18000/- thus totalling Rs. 59502/- but whereas the Travel agency OP for the 1st time took RS. 63,702/- and again Rs. 7349/- totalling Rs. 71,051/- thus payment made to the Air Lines (POP) by the (OP) is in less amount that is Rs. 71,051/- to Rs. 50,502/- i.e. 11,549/- was over taken by the travel agency that is due OP and the taking of extra amount has been ventilated by the Indigo Airlines that is POP. According to the complainant the acts of the OP is full of unfair trade practice and deficiency is service on their part and the same has been resulted harassment, mental agony, pain, sufferings and financial loss to the customer of the OP concern, who so far this case is concern to the bonafide consumer who is no other but the complainant.
According to the complainant the cause of action firstly arose on 20.1.2 21, date of booking of Air Tickets, Secondly on 24.2.22 the date of cancellation prayer thirdly on 7.3.22 the date of sending e-mail from OP to the complainant, fourthly on 24.2.22 e-mail showing refund details, fifthly on 7.3.22 email showing refund not received and finally on 30.3.22 the date of assurance of payment and the same is still continuing within the jurisdiction of the Ld. Court.
After that the complainant comes before this Ld. Commission seeking redress.
The complainant prays as under:
i) Admit the petition
ii) Direct the O.P. to refund 53,051/- to me till holding or lying to them with present banking interest accrued therein.
iii) Direct the O.P. to pay a sum of Rs. 1,50,000/- on the part of deficiency to service and unfair trade practice adopted by the OP.
iv) Direct the O.P. to pay Rs. 1,00,000/-to the complainant for harassment, mental agony, pain and loss suffered by me by the acts of the OP.
v) Direct the OP to pay me the amount of Rs. 20,000/- as litigation cost.
vi) Any other relief or reliefs which I am entitled to.
We issue notice to both the O.P-1 and POP-1. After receiving the notice from this commission the O.P-1 did not turn up to this commission. So, this case runs exparte against O.P-1. POP-1 contest the case file written version, evidence on affidavit, written notes of argument and also participate in the hearing of argument.
The version which was filed by the POP-1 with supporting affidavit is as follows.
In the present case, it is pertinent to mention that the booking amounts of INR 28,536/- and INR 30,966/- were paid for reservation under PNR Nos. IM43QJ and SPGBPQ respectively, which was received by Inter Globe Aviation Limited through a third-party travel agent, namely Trip Jack Private Limited. It is submitted that the refund of the entire booking amount of INR 28,536/- under PNR No. IM43QJ and an amount of INR 12,966/- after deducting applicable cancellation charges under PNR No. SPGBPQ has admittedly been processed by Inter Globe Aviation Limited on 24th February 2022 itself. The refund was processed to the account from which the payment for the booking was originally made i.e. to the account of third-party travel agent Trip Jack Private Limited, evidently even before institution of the present Complaint. The fact that Inter Globe Aviation Limited has already processed and transferred the refund towards the booking of the Complainant is also admitted by the Complainant in paragraph 10 of the present Complaint. It is pertinent to note that any refund for any reservation made through a third-party travel agent ought to be claimed from them only and not directly from Inter Globe Aviation Limited. Nevertheless, Inter Globe Aviation Limited also contacted the third- Party travel agent Trip Jack Private Limited to enquire about the refund status of the residual booking amount under PNR Nos. IM43QJ and SPGBPQ. It is submitted that the third-party travel agent Trip Jack Private Limited via its Email dated 31st May 2022 confirmed that refund of an amount of INR 28,536/- and INR 12,966/- towards the Complainant's booking amount under PNR No. IM43QJ and PNR No. SPGBPQ totalling to INR 41,502/- was processed on 7th March 2022. It is submitted that as per the official records of Inter Globe Aviation Limited the bookings of the Complainant under PNR Nos. IM43QJ and SPGBPQ were made through Trip Jack Private Limited and not through the Opposite Party. Further, Inter Globe Aviation Limited is unaware of the arrangement/ understanding between Trip Jack Private Limited, the Opposite Party and the Complainant. Inter Globe Aviation Limited has duly refunded the residual booking amount to the original mode of payment being the account of the third party travel agent of the Complainant i.e. Trip Jack Private Limited and the same has been admitted by the Complainant himself. Further, Inter Globe Aviation Limited has also confirmed the status of this residual booking amount from the third-party travel agent of the Complainant i.e. Trip Jack Private Limited. In view thereof, if the Complainant No.1 has still not received the residual booking amount, the lis, if any, remains between the Complainant and the Opposite Party or the third-party travel agent Trip Jack Private Limited. No dispute lies between the Complainant and Inter Globe Aviation Limited. On a bare perusal of the present Complaint, it is apparent that the grievance of the Complainant is against the Opposite Party No.1 with respect to the refund of the booking amount under PNR Nos. IM43QJ and SPGBPQ and Inter Globe Aviation Limited are unaware of any arrangement between the Complainant, Opposite Party No.1 and Trip Jack Private Limited. The monies were received by Inter Globe Aviation Limited from Trip Jack Private Limited, and the refunds have been duty credited to them and the fact of the refund being duly processed by InterGlobe Aviation Limited is admitted by the Complainant. It is submitted that if the Complainant has not received the refund of the abovementioned booking amounts, the lis, if any, remains between the Complainant and Opposite Party No.1 and not with InterGlobe Aviation Limited. Accordingly, InterGlobe Aviation Limited is neither a necessary nor a proper party to the present proceedings and this Complaint is liable to be dismissed as against InterGlobe Aviation Limited.The Complainant had booked six tickets to travel from Goa to Bagdogra (via Hyderabad) on board IndiGo Flights bearing No. 6E-744 and 6E-149 respectively ("Return IndiGo Flights") scheduled to fly from Goa to Bagdogra via Hyderabad on 28.03.2022. The said booking was also made through the third-party travel agency Trip Jack Private Limited upon payment of an amount of INR 30,966/-. On 24.02.2022, the Complainant willingly and voluntarily opted for a cancellation and refund of his booking amount under PNR No. SPGBPQ. Accordingly, on 24.02.2022 itself, InterGlobe Aviation Limited on the voluntary cancellation request of the Complainant processed the applicable/residual refund of INR 12,966/-, after deducting the applicable cancellation charges (INR 18,000/-) in adherence to the binding terms and conditions of the 'IndiGo Conditions of Carriage Domestic' ("IndiGo CoC"), since there was no change in schedule of the Return IndiGo Flights and the said booking was willingly and voluntarily cancelled by the Complainant himself. The said amount of INR 12,966/- was processed by InterGlobe Aviation Limited to the original payment account being the account of the Complainant's third party travel agent i.e. Trip Jack Private Limited.On 23.05.2022, the customer relations team of InterGlobe Aviation Limited vide its email, requested the third-party travel agency Trip Jack Limited to confirm the Complainant's refund status under PNR Nos. IM43QJ and SPGBPO Amounting to Rs. 28536/- and INR 12,966/- respectively. On 31.05.2022 Trip Jack Private Limited vide its Email to the customer relations team of InterGlobe Aviation Limited confirmed and acknowledged the receipt of refund under PNR Nos. IM43QJ and SPGBPQ amounting to INR 28,536/- and INR 12,966/- respectively as processed by InterGlobe Aviation Limited on 24.02.2022. It is respectfully submitted that all bookings made with InterGlobe Aviation Limited are governed by the IndiGo CoC, which forms a binding contract between InterGlobe Aviation Limited and the Complainant/ his third-party travel agent and the same was duly made available to the Complainant/ his third-party travel agent at the time of booking and further was agreed to by the Complainant/ his third-party travel agent before the bookings were processed. It is respectfully submitted that the IndiGo CoC is also referred to in the Air Ticket booked by the Complainant/ his third-party travel agent, is available on the official website of InterGlobe Aviation Limited and is also available at the Airport on request.
Decision with reasons-
This Commission has territorial and pecuniary jurisdiction to try and to adjudicate the case. Complainant is a consumer to O.P-1 and the O.P-1 taken the facilities of POP-1.
Considering the contentions made in the complaint and also the evidence in support of such contentions as sworn by the parties and also the copy of documents filed we find that the Complainant purchased /booked air ticket for six passengers including him. The ticket was cancelled by the complainant for his own purpose. In Para six of the complainant petition as well as in the evidence on affidavit the complainant stated that The said journey or trip dated 23.3.22, (onward journey) relevant to 28.3.22 as well as other intended co passengers the MA Part 2 examination by the complainant and Mr. Abhijit Das (Co-passenger) was scheduled in the same time by the concern university of their and the same collided to each other in the same time. Thereafter on 24.2.2022 through on-line site had cancelled tickets under number IM430J and SPG BPG PNR
So, if a person cancels his booked ticket for his own purpose the cancelation charges should be bear by him. Any litigant cannot get any compensation for his own wrongdoing. It is another matter that the complainant not received the refundable amount form the O.P-1 after deduction of cancelation charges. O.P-1 doesn’t contest the matter after receiving the notice from this commission. We have no alternative to consider the fact against op 1 describe by the complainant in his version through affidavit. The complainant case against the POP-1 is not proved. P.O.P-1 done their duty properly. POP-1 credited the amount to O.P-1 after cancelation.
It is to be mentioned in this order that on 21 May 2022 the O.P-1 has already paid Rs. 31,676/- and the amount also credited to the account of the complainant. Although the claim of the complainant to the O.P-1 as refundable amount for cancelation was Rs. 53051/-. So, according to the complainant (53,051-31,676= 21,375) Rs. 21,375/- is still due to the O.P-1.
As and when The O.P.-1 consciously avoids the proceedings of this commission we don’t have any other alternative to believe the allegation made by the complainant which was filed by supporting affidavit.
Therefore, the complainant is entitled to the relief in part as specified bellow.
All points are disposed of. In the result the case/ application succeeds in part.
Hence, it is
ORDERED
We allow the consumer case exparte in part against the O.P.-1 and dismiss on contest against the POP-1 by issuing the following directions
- O.P.-1 is directed to refund Rs. 21,375/- (Twenty one thousand three hundred seventy five only) to the complainant with 9% interest from the date 21 May 2022 till realization.
- Opposite Partie-1 directed to pay compensation of Rs. 10,000/- (Rupees Ten Thousand Only) as litigation cost to the complainant.
- O.P-1 is directed to deposit Rs. 10,000/- (Rupees Ten thousand only) to the consumer legal Aid account of this commission.
The order should be comply within 30 (Thirty) days from the date of this order failing which the complainant will be at liberty to put the order in execution according to provision of law.
Let a copy of this judgment be given to the parties free of cost.
