Chandigarh

DF-I

CC/589/2021

Uday Vir Garg - Complainant(s)

Versus

Turkish Airlines - Opp.Party(s)

Latika Garg

20 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/589/2021
Date of Institution	:	01/09/2021
Date of Decision	:	20/12/2022

 

Uday Vir Garg age 28 son of Sh. Rajesh Garg, R/o House No.2070, Sector 21-C, Chandigarh.

… Complainant

V E R S U S

1. Turkish Airlines Unit No.1001-A, 10^th Floor, Time Tower, Sector 28, M.G. Road, Gurgaon-122001 Haryana, Delhi.
2. Sr. Reservation/Ticketing & Customer Relations North/East India Unit 1001-A, 10^th Floor, Time Tower, Sector 28, M.G. Road, Gurgaon-122001 Haryana, India.

… Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Sh.Rajesh Garg, Counsel for Complainant.
	:	Sh.Ojas Bansal, Counsel for OPs.

 

Per Surjeet kaur, Member

1.      The long and short of the allegations are that the complainant had booked online tickets for travel from Berlin to New Delhi via Istanbul on 01.03.2021 and for travelling back from New Delhi to Berlin via Istanbul on 30.03.2021 on payment of the requisite cost of tickets (Annexure C-1). The complainant was however informed through email on 15.02.2021 that the tickets have been cancelled and that he shall be entitled to a refund of € 606.46 (Annexure C-2). Thereafter, the complainant has been frantically trying over the OP’s helpline numbers to get the requisite amount refunded, and despite assurances, there has neither been any positive response nor any credit of the amount to his account. The complainant sent a legal notice to the Opposite Parties which is annexed as Annexure C-3. The complainant received an email from the OP No.2 asking for sharing the Turkish Airlines e-ticket number, which the complainant promptly shared the same day, but till date there has been no refund or update of any kind.  Alleging that the aforesaid act amounts to deficiency in service and unfair trade practice on the part of Opposite Parties, complainant has filed the instant complaint.
2.     OPs contested the consumer complaint, filed their written reply and stated that the OPs have accordingly issued tickets in the name of the complainant for his travel from Berlin to New Delhi via Istanbul and New Delhi to Berlin. However, due to the unfortunate ongoing situation of Covid-19 the international travel ban was extended by the Government of India. It had sent an email to the registered email address of the complainant on 15.02.2021 informing the cancellation of his tickets/flight. As per the terms and conditions of the OP, the complainant had two option either for refund of the flight tickets or voucher tickets which can be used for booking flight tickets with the OP. The complainant chose for the voucher and accordingly the OP had issued a voucher amounting to 600.46 EUR i.e., 15% extra amount of the actual amount of the flight tickets. It is further submitted that the complainant miserably failed to make the request by providing his account details to the nearest Branch office of the Op for the refund of the cancelled ticket amount against which refund cheque was issued. However, due to default on the part of the complainant there has been delay in payment of the refund amount. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case. After perusal of record, our findings are as under:-
6.     The sole grouse of the complainant through the present complaint is that the OPs neither provided promised services of the air travel nor refunded disputed amount after the cancellation of the flight in question which was cancelled by themselves only. On the request of the complainant the OPs asked the complainant to share the ticket number for the purpose of refund. Finally, an email Annexure C-2 dated 15.02.2021 was sent to the complainant with a clear declaration that refund has been carried out for everyone on your reservation. In this email there is mention of total amount to be refunded as 606.46 EUR, but till date despite service of the legal notice Annexure C-3 and various personal follows up by the complainant, the amount in question has not been refunded to the complainant.
7.     The stand taken by the OPs is that it is a complainant who chose to have vouchers for future use, but later on requested for the refund. Thereafter, due to fault of the complainant for not sharing the account details, the refund could not be made. In the written statement, it has been contended by the OPs that still, the complainant can approach their nearest branch to provide his account detail for the refund.
8.     After going through the documents on record there is no evidence to show that complainant had opted for vouchers. And since it was an online transaction, therefore in our opinion, OPs should have refunded the money by way of online transfer procedure. Hence, in absence of any concrete evidence on record, we are of the considered opinion the act of OPs for firstly, cancellation of the flight in question without giving prior information to the complainant, thereafter non-refunding hard earned money of the complainant in absence of any service provided by the OPs proves deficiency in service and its indulgence in unfair trade practice.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of 600.46 EUR at the current rate to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹7,000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
20/12/2022			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member