BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 28^thDAY OF OCTOBER 2024

ORDER

SMT. SUMA ANILKUMAR, MEMBER

1. The complaint filed U/S 35 of Consumer Protection Act 2019, complainant seeking direction towards OPs for the following reliefs:-

1. Direct the OP No.2 to pay a sum of Rs.69,505/- being the refund of cancellation of tickets and also to pay interest at the rate of 18% per annum on the aforementioned sum from the date of respective payments till realization.
2. Further direct both OPs jointly and severally to pay Rs.5,00,000/- towards deficiency in service, mental agony, hardship and consequential loss faced by the complainant for cancelling the ticket and for not being refunded.
3. Grant cost of this proceedings reasonably estimated at Rs.25,000/-.
4. Grant such other and further relief on the facts and circumstances of the case in the interest of justice and equity.

2. Brief facts of the case as follows:

The complainant submits that OP1 is British Airways, which is a British Air transport company, operates even in India providing international flights and connectivity. OP2 is Make My Trip Company.It is Indian online travel company and aggregator which provides online travel services including airlinetickets, domestic and international holidaypackages and such other reservations. The complainant is a customer / consumer of both the OPs.

3. The complainant son has completed his exams and had secured seat at USA to do his MS in Industrial engineering, for which he had to travel to Phoenix city in USA. The complainant on, search got to know that OP1 has flight from Bangalore to London and from London to Phoenixcity.ON searching online, the complainant booked the tickets on 07/07/2021 vide booking ID No: NN2814055375162 and made the payment of Rs.69,505/- to OP2 and consequently the ticket was confirmed.

4. OP1 had cancelled the flight from London to Phoenix and the same was informed to complainant on 20/07/2021, whereinhalf the journey was cancelled. At this point complainant had to cancel the flight from Bangalore to London also as the flight from London to Phoenixwas cancelled.The travel from Bangalore to London does not serve any purpose,therefore the entire journey was cancelled and the complainant had to search for other alternative flights. On searching, Air India flight to San Francisco was found. The tickets were booked by paying high amount due to the huge demand for the same. In the meantime the complainant requested for refund of the amount for the cancelled flight ticket from Make My Trip through E-mail. On the request OP2 claimed that they have already refunded the amount of Rs.59,429/- on 22/07/2021 vide ARN No.521006237 through approval code 13475794421. Thereafter the complainant requested his bankers to verify and confirm about the refund when the same was verified it was found that there was no refund. The complainant intimated the same to OP2. OP2 requested to share bank statement for the period where the OP2 claimed to have refunded. In spite of several emails sent to OP2 and regular follow-up, there was no response to any request made by the complainant for refund of amount till date. Left with no choice the complainant had to file complaint against OPs. Hence this complaint by the complainant.

5. On issue of notice to OP 1 &OP2, OP1 file its version. OP2 fail to appear before this commission, hence placed Ex-parte.

6. In the version of OP1, the OP1 states that there is no deficiency in service on their part and main grievance against the OP2, Make My Trip in respect of refund of airfare paid Rs.59,429/-. Even in the prayer clause, the complainant is seeking refund of the said amount from OP2. OP1 further states that the complainant had booked the ticket through online travel portal of make my trip company for his son’s travel from Bangalore to Phoenix via London on British Airway.That the choice to book on the carrier of OP1 was that of the complainant. The flight from Bangalore to London namely BA188 was operated by British Airway (OP1), while the connecting flight BA1526 from London to Phoenix was operated by American Airlines and the complainant was well aware of the same at the time of booking and had agreed to the terms and conditions as regards to the OP fare paid and restrictions if any.

7. The flight BA1526 was cancelled by American Airlines and OP1 was not aware as to why the flight was cancelled. The complainant has fail to make American Airlines as a party to the present complaint for just and proper adjudication of the same. Thus it is imperative that American Airlines be made by the party to the complaint or else the complaint be dismissed due to on jointer non joinder of necessary party. OP1 states that on perusal of the complaint, it is noticed that the complainant has stated that the OP2 from whom the ticket was purchased had informed the complainant that they have made refund of the complainant, the amount of the ticket Rs.59,429/- on July 22, 2021. Thus, all allegations are against the OP2 and not OP1. Whether the refund is made or not is a matter between the complainant and OP2, OP1 has no role to play as no money was received by OP1. Therefore stating herein no case has been made out against OP1 and all allegations are against OP2, hence the complaint be dismissed against OP1 and OP1 be charged from the complaint in the interest of justice.

8. The complainant filed affidavit evidence along with 4 documents marked as Ex.P1 to Ex.P4. OP1 file their affidavit evidence. Complainant filed their written arguments, OP1 fail to submit argument,hencetaken as nil.

9. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant has proved the deficiency of service on the part of OP?

ii) Whether complainant is entitled for the relief?

iii) What order?

10. Our answers to the above points are as follows:-

                        Point No.1:-Affirmative.

                        Point No.2:- Partly affirmative.

                        Point No.3:- As per the final order.

REASONS

11. Point No.1 and 2: These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

On perusal of documents submitted by the complainant Ex.P1 is the copy of flight tickets booked by the complainant from Bangalore to London and London to Phoenix dated 07/07/2021 through Make My Trip i.e. OP2, E-ticket NN2814055375162.

12. Ex.P2 is the copy of E-mail sent by the complainant to OP2 dated 29/09/2021 requesting for refund of the amount paid by the complainant. On perusal of the E-mails sent by the complainant to the OP2 dated 01/09/2021 and 02/09/2021. We observe that the refund is not been made to the complainant and the complainant has again made request on 06/09/2021 for the refund by sending an attachment of a bank statement to OP2. Ex.P3 which is the bank statement account of the complainants account in Union Bank of India dated from 03/07/2021 to 02/09/2021. We observe that an amount of Rs.69,505/- is made on 07/07/2021 through E-pay to IBIBO Web Pvt. Ltd. / 521006237 / flight ticket, but there is no refund showing in the said statement of account.

13. Considering the above documents, it is true that the complainant has paid amount of Rs.69,505/- for the flight tickets to OP2. It is also true that the complainant has not received the refund of the said amount on the cancellation of the flights booked. On the facts of the documents submitted by the complainant. We observe that the refund of the amount of Rs.69,505/- had to be made by OPs to the complainant as the flight from London to Phoenix which was connected flight from Bangalore was cancelled by the OPs, Left with no choice the complainant had to cancel his tickets as his destination was from Bangalore to London and from there London to Phoenix. When the purpose of travel would be incomplete without the flight from London to Phoenix. The OP2 though they state that they have made refund an amount of Rs.59,429/- towards the complainants account holding RRN No.13475794421, ARN No.521006237, approval code 13475794421 to Union Bank of India, the statement of account submitted by the complainant did not show any refund made  to the complainants account. This shows deficiency in service by the OPs.

14. OP1 has filed version and affidavit evidence. OP1 in its version admit to the fact that the complainant had booked with it and also admits to the fact that the flight from Bangalore to London namely BA188 was operated by British Airways that is OP1. While the connecting flight BA1526 from London to Phoenix was operated by American Airlines. It also states that the complainant was well aware of the same at the time of booking. OP1 states that it was not aware of the cancellation of flight BA 1526 by American Airlines. OP1 states that the amount paid by the complainant and the booking made by the complainant was through online to OP2. OP2 have also refunded an amount of Rs.59,429/- to the complainant. Looking into these facts the OP1 submits that the complainant neither booked the ticket directly with OP1 nor made any payment towards the ticket to OP1.  The complainant also fails to make American Airlines as one of the OPs. Considering the above facts and documents, we observe that the OP1 has not deal with any booking, payment or conversation with the complainant. Hence, OP1 is not liable to repay the amount to the complainant.

15. On observing the above facts and perusal of the documents submitted by the complainant, it clearly shows that the complainant had booked the tickets through online with OP2 and also made payment to OP2. OP2 has also admitted that they would refund the amount due to the cancellation of booking. OP2 fail to appear before this commission and file its version, affidavit evidence in its contention. The non-appearance and non-filing of version and affidavit deems to be considered as to accepting the contention made against OP2. The complainant has made booking of the tickets with OP2 and made payment to OP2. The complainant has also made request for refund to OP2. Hence OP2 by not repaying the amount and not responding to the complainant has shown deficiency in service and unfair trade practice. Therefore OP2 is directed to repay the amount of Rs.69,505/- with the interest of 6% from the date of booking i.e. 07 July 2021 till realization. OP2 is further directed to pay compensation of Rs.20,000/- towards mental agony and physical inconvenience. OP2 is further directed to pay an amount of Rs.5,000/- towards litigation charges.

16. Point No.3: In view of the discussion referred above, we proceed to pass the following:-

:ORDER:

1. Complaint filed by the complainant under section 35 of the Consumer Protection Act 2019, is hereby allowed in part.
2. OP2 is directed to repay the amount of Rs.69,505/- at an interest of 6% per annum from the date of booking that is 07/07/2021 till realization.
3. OP2 is further directed to pay compensation of Rs.20,000/- towards mental agony and physical inconvenience and an amount of Rs.5,000/- towards litigation charges.
4. OP2 is directed to pay the entire award amount within 45 days from the date of order failing which shall carry interest at the rate of 8% per annum from the date of such default,till realization.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 28^THday of OCTOBER 2024)

Documents produced by the Complainant-P.W.1 are as follows: