Chandigarh

DF-I

CC/865/2021

Vinender Tiwana - Complainant(s)

Versus

United Airlines India - Opp.Party(s)

Saurav Sharma

11 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/865/2021
Date of Institution	:	01/12/2021
Date of Decision	:	11/04/2023

 

Vinender Tiwana W/o Sh.Jasbir Singh Tiwana R/o H.No.16, Sector 3-A, Chandigarh.

… Complainant

V E R S U S

1. United Airlines India, 2^nd Floor, Tower-C, Cyber Greens DLF Phase-3, Gurgaon, Haryana-122002.
2. MakeMyTrip India Pvt. Ltd., DLF Building No.5 Tower-B, DLF Cyber City, DLF Phase-2, Sector-25, Gurugram, Haryana-122002.
3. MakeMYTrip India Pvt. Ltd., SCO 169-170, First Floor Sector 8-C, Madhya Marg Chandigarh-160018.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Jasbir Singh Tiwana, GPA, of Complainant.
	:	Sh.Jagtar Singh, Counsel for OP No.1.
	:	None for OP No.2 & 3.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had booked a ticket from New York/ Newark to New Delhi for 31.10.2020 (Ex.C-1). The complainant had paid a total sum of Rs.73,236/- to the travel agent i.e., OP No.3 for booking the ticket on her behalf, through her family in India. The flight UA801 from New York to Delhi was delayed by united airlines for reasons best know to them (Ex.C-2 & C-3). For rescheduling of the flight a request was made on the support panel online on 2^nd November, 2021, permitting passengers to reschedule their flights, due to the delay announced by the airline. This message from the airline was never conveyed to the passengers by OP No.3, in time (Ex.C-4). Repeated attempts were made by the family of the complainant to contact the OP No.3. Finally a request was sent for rescheduling/refund to the OP No.3. But over a month has elapsed and no response has been received. Now the complainant seeks refund of the total amount of the ticket, plus additional costs of Rs.12,000/- for buying a fresh ticket on another airline. The complainant’s family in India, has requested the Ops on several occasions personally, through mobile phone and email but it was all in vain as no satisfactory solution was provided. The complainant has served a legal notice to the OPs on 08.11.2021, but till date no reply has been received by the complainant from the OPs. Hence, is the present consumer complaint.
2.     OP No.1 contested the consumer complaint, filed its written statement and stated that the flight No.UA801 from Newark to New Delhi booked by the complainant for 31.10.2021 was delayed by 766 minutes due to late ground transportation. It is also submitted that the complainant never contacted the OP No.1 for any assistance, moreover complainant did not show up at Newark Airport, due to which complainant’s flight booking was auto-cancelled and subsequently, the complainant was marked as ‘No-Show’ on his flight and his ticket turned into no value status. It is further submitted that no refund application has been received by the OP No.1 as of today from the travel agency of the complainant. As per the refund policy of the OP No.1, the airlines should receive refund application before ticket validity expires i.e., 31.12.2022. The OP No.1 has not received any such refund application from the complainant till today. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.
3.     OP No.2 & 3 contested the consumer complaint, filed their written statement and stated that the complainant’s daughter had duly informed the representative of the answering OP that she will not be able to travel on 31.10.2021 due to some family emergency. However, the complainant on receiving messages from the OP No.1 pertaining to the flight being delayed had approached the answering OP on 02.11.2021. However, it is pertinent to mention here that the complainant has herself marked Annexures C-2 & C-3 in her complaint depicting messages from the OP No.1, informing her about the reschedule delay in the flight. Further, the same message also contain a link directing to the OP No.1’s website the complainant can opt to change reschedule the flight as per her convenience. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the parties and gone through the record of the case.
7.     On perusal of the complaint, it is observed that the main grievance of the complainant is that inspite of around 12 hrs delay of the flight of OP No.1 and also on receipt of message from OP No.1 that you can be book your flight to a different day an earlier & later departure message, the same was not rescheduled and no refund was made towards the amount charged for the ticket by the OPs.
8.     On perusal of correspondence annexed by the OP No.2 & 3 vide Annexure R-4 to R-6 it is observed that, when the complainant had sought for rescheduling, the OPs were very clear, that no seats are available. On one side, the OPs were asking the complainant to reschedule her flight to a different day after the delay of flight, on the other side, the OPs themselves were taking a contradictory stand that no seats are available till 10^th December. In this case, we are of the view that if the OPs were not able to reschedule, they should have refunded the cost of ticket. Hence, we are of the considered view that the OPs are deficient in providing services to the complainant and have indulged 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 an amount of ₹69,574/-(₹73,236-5% cost towards booking & handling charges) to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till its realization.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to her;
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/-
11/04/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member