Chandigarh

DF-II

CC/863/2021

Annie Gupta - Complainant(s)

Versus

Turkish Airlines through its Authorized Representative. - Opp.Party(s)

Adv. Ravi Inder Singh

26 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	863 of 2021
Date  of  Institution	:	30.11.2021
Date   of   Decision	:	26.02.2024

 

 

 

 

 

Annie Gupta w/o Sh.Abhineet Saini, R/o Flat No.1203, Sector 50 B, Progressive Enclave, Chandigarh

             …..Complainant

 

Versus

1]  Turkish Airlines through its Authorized Representative, Unit No.1001-A, 10^th Floor, Time Tower, Sector 28, MG Road, Gurgaon Haryana 122001

2]  Goibibo through its Authorized Representative, 19^th Floor, Tower A, B & C, Epitome Building No.5, DLF Phase 2, Sector 24, Gurugram, Haryana 122002

….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

Argued by:  Sh.Ravi Inder Singh, Counsel for the complainant

            OP No.1 exparte.

Ms.Kusum Kaushik, Counsel for OP No.2.

 

 

PER B. M. SHARMA, MEMBER

 

        The case of the complainant precisely is that the complainant on 19.2.2020 & 24.2.2020 booked air-tickets of OP No.1 airline for herself, her husband, her daughter, her sister-in-law Pratibha Saini, through OP No.2, for onward travel from New Delhi to Athens (Greece) on 18.6.2020 and return journey of same route on 26.6.2020, by making payment of Rs.1,40,466/- (Rs.94,785/- & Rs.45,681/-) (Ann.C-1 colly.).  However, due to Covid-19 Pandemic and lockdown imposed by the Government of India, the OP No.1 Airlines extended the date of travel on the said air-tickets till 31.12.2021 (Ann.c-2).  It is stated that the complainant again planned to visit Athens (Greece) with her family in October- November, 2021, as the said air-tickers were valid till 31.12.2021 but the Embassy of Greece vide email dated 04.10.2021 informed that the entry of travelers from India to Greece is not allowed (Ann.C-3).  This matter was informed to Op No.1 with a request to extend the validity of the air-tickets or refund the amount (Ann.C-4 & C-5) but they neither extended the validity of the air-tickets nor refunded the amount.  Hence, this complaint has been preferred alleging the said act & conduct of the OPs as deficiency in service and unfair trade practice. 

 

2]       The OP No.1-Turkish Airlines did not turn up despite service of notice, hence it was proceeded exparte vide order dated 24.04.2023.

         The OP No.2-Goibibo has put in appearance, filed written version and while admitting the factual matrix of the case, stated that as per the Civil Aviation Requirements issued by the DGCA dated 22.05.2008 the answering OP duly pursued the OP No.1 to process the applicable refund, but despite the said direction, the OP No.1 provided with an Open Ticket, which could be used by the Complainant untill 31.12.2021 and the same was duly intimated to the Complainant. However, the same was not utilized by the Complainant and subsequently, the Complainant approached the answering OP for refund and in pursuance to the same, the OP No. 1 refunded an amount of Rs. 93,888/- and Rs.44,135/- only on 12.1.2022 after deduction of applicable K3 Tax.  It is pleaded that the role of the answering OP was only restricted upto providing booking and refund to the complainant and in case of cancellation or rescheduling of the tickets, the concerned Airlines shall refund or reschedule the tickets or booking.  It is also pleaded that the actual liability of the refund rests with Airlines. Denying all other allegations, the OP No.2 has prayed for dismissal of the complaint.

 

3]       Replication has also been filed by the complainant controverting the assertion of the OP No.2 made in the reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the contesting parties and gone through the entire documents on record including written submissions.

 

6]       A bare perusal of the record reveals that the complainant admitted to have already received an amount of Rs.1,38,151/- from OPs as on 24.2.2022 against Rs.1,40,466/- i.e. total cost of the air-tickets in question which were valid till Dec., 2021 leaving balance amount of Rs.2315/-. 

 

7]       It is also admitted case of the complainant that the air tickets in question could not be utilized as the Embassy of Greece denied entry of travelers from India. In this view of the matter, we are of the opinion that when the air-tickets were not utilized nor its validity was extended by OP No.1, then the OP No.1 should have refunded the complete amount of air-tickets without any deductions, but still it deducted Rs.2315/- from the cost of the air-tickets, which is not justified and amounts to unfair trade practice as well as deficiency in service on its part.

 

8]       In view of above discussion & findings, the present complaint stands partly allowed with direction to OP No.1 to refund balance amount of Rs.2315/- to the complainant and also to pay a lumpsum amount of Rs.10,000/- towards compensation for the harassment & loss suffered by the complainant, which also includes litigation costs.

         This order shall be complied with by the OP No.1 within a period of 45 days from the date of receipt of copy of this order.

 

9]       The complaint qua OP NO.2 stands dismissed.

 

10]      Pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties free of charge, after which the file be consigned.  

Announced

26.02.2024                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER