Presented by: -
Shri Debasish Bandyopadhyay, President.
Complaint Case No. 241/2022
This complaint case has been filed by the complainants against the OPs for passing direction to the Ops to refund Rs. 8,940/- and Rs. 17,940/- alongwith interest @ of Rs. 18% per annum also to make payment of compensation of Rs. 50,000/- and litigation cost.
Fact of this case
Case of the complainant
The case of the complainant which is deciphered from the petition of complaint in bird’s eye view is that the complainants are the consumers under the OPs as per definition of Consumer Protection Act, 2019 and the OP No. 1 is an on-line ticket booking and hotel booking company and proforma OP is Indigo Airlines and the complainants on 26.02.2020 booked 8 (eight) Flight tickets of Proforma OP to travel from Kolkata to Goa and the ticket price was in total of Rs. 37,698/- . It is submitted that the complainants on 26.02.2020 also booked 8(eight) Flight tickets of proforma OP to travel from Hyderabad to Kolkata and the total ticket price was amounting to Rs. 15,894/- and the complainants paid the entire amount by way of internet banking through A/C No. 10945131571 and the complainant on 26.02.2020 made total payment of Rs. 23,108 from the above noted Bank A/C and the journey from Kolkata to Goa was scheduled on 23.10.2020 but due to sudden lockdown the complainants were not interested to travel at that point of time and so in the month of September , 2020 the complainants repeatedly tried to make contact with the officials of OP but failed to do so and finding no other alternative the complainant of one compelled to contact with proforma OP for cancellation of the Flight tickets . It is alleged that thereafter the complainant No. 1 had sent mail to the OP and proforma OP on 04.03.2021 to refund the amount and thereafter on 18.03.2021 the complainant No. 1 to 3 also requested the OP and proforma OP to refund the ticket amount and thereafter the aforesaid journey was cancelled and Rs. 5,376 was deducted from each PNRs i.e. frp, PNR No. SF2U6V another PNR No. ZKDSHZ as such an amount of Rs. 2,571/- for each PNRs were supposed to be refunded and the said amount of Rs. 2,571/- for each PNRs were kept in credit cell of Indigo Airlines.
It is asserted that on 9th April,, 2021 the complainant No. 1 again had sent a mail to the Customer Care Relations of OP and to proforma OP asking for refund of the amount of Rs. 8,940/- , 17,940/- and thereafter on 21.04.2021 the complainant No. 1 again had sent mail to the OP and proforma OP for refund of the above noted amount. As per point of contention of the complainant side on 09.05.2021 the proforma OP by an e-mail sent written confirmation that full refund in respect of PNR No. GWR54E XMMT9Q, SF2U6VS amount of Rs. 17,940/-. 17,940/- and Rs. 2,571/- has been refunded to the virtual id of Via. Com and Rs. 2,571/- ZKDSHZ is in the credit cell of with one year validity for the same passengers.
It is further alleged that on 27.05.2021 and then on 07.06.2021 the complainant No. 1 expressed his grievance to the OP for non refunding the money and in spite of repeated demand the OP and proforma OP has not refunded the said amount of Rs. 26,880/- in total.
For all these reasons the complainant has been compelled to institute this case against the OPs.
Defence Case
In spite of service of notice the OPs have neither appeared nor filed any W/V to contest this case.
Points of consideration
On the basis of the pleadings of the parties this District Commission for the interest of arriving at just and proper decision and also for the interest of proper and complete adjudication of this case, is going to adopt the following points of consideration :-
(i) Is this case maintainable in its present form and in the eye of law?
(ii) Whether the complainants have cause of action in the matter of filing this case ?
(iii) Has this District Commission jurisdiction to try this case?
(iv) Are the complainants are under the OPs or not?
(v) Whether the complainants are entitled to get back the above noted amount of Rs. 26,880/- from the OPs or not and whether the complainants are entitled to get compensation of Rs. 50,000/- and litigation cost or not?
(vi) To what other relief / reliefs the complainants are entitled to get in this case?
Evidence on record
In order to prove the case complainant side has submitted evidence on affidavit but the Ops have not filed any interrogatories as they are not contesting this case. Similarly, the Ops also have not filed any evidence on affidavit to disprove the case of the complainants.
Argument highlighted by the parties
The complainant side has filed BNA and also highlighted verbal argument and in course of verbal argument Ld. Advocate for the complainant side lay emphasis on the oral and documentary evidence.
Decision with reason
The first four points of consideration are very important points under issues for deciding the fate of this case . For that reason and also for the interest of convenience of discussion, these first four points of consideration are clubbed together and taken up for discussion jointly.
For the purpose of arriving at just and proper decision in respect of the above noted four points of consideration, there is urgent necessity of making scrutiny of the material of this case record as well as there is also necessity of examining the evidence on record.
After going through the material of this case record this District Commission finds that in this case there are 6 (six) complainants and they have filed this case jointly against the OPs. In this regard it is very important to note that when the complainants are intending to file a complaint case on joint cause of action, there is urgent necessity of obtaining permission from the District Commission u/s 35 (1) (C) of the Consumer Protection Act, 2019. In this instant case no such permission has been obtained by the complainants and so this case is found defective from the beginning .
On the background of the above noted position this District Commission after going through the material of this case record and also after making scrutiny of the evidence on record finds that the complainants in their pleadings have admitted the fact that the OPs have refunded an amount of Rs 5,514/- and Rs 7,343/- and the above noted two amount has been credited in the A/C of complainant No. 2. This matter is clearly depicting that the OPs have made part refund and the complainants have also accepted the said amount. When the complainants have accepted the part refund of the above noted amount they cannot further reagitated on the plea that entire amount has not been refunded . In this regard the complainants are estopped from taking the above noted plea of further refund due to the principle of estoppels.
After going through the material of this case record this District Commission finds that the complainants in this Complaint Case have prayed refund of Rs. 26,880/- alongwith interest @ Rs. 18% per annum. The complainant can realize the above noted amount from the OP by way of institution of money suit before Ld. Civil Court. For that reason this District Commission has no jurisdiction to try this case.
All the above noted factors are clearly reflecting that this case is not maintainable and this District Commission has no jurisdiction to try this case.
As this case is found not maintainable and as it is observed by this District Commission that this District Commission has no jurisdiction to try this case, this District Commission finds that there is no further necessity of making further discussion in respect of point of consideration Nos. 4 & 5.
A cumulative consideration of the above noted discussion goes to show that this case is found not maintainable as it is barred by provision of Section 35 (1) (C) of the Consumer Protection Act, 2019 and this District Commission has no jurisdiction to try this case.
In the result, it is accordingly,
ORDERED
That this Complaint Case being No. 241/2022 be and the same is dismissed on contest. No order is passed as to cost.
The parties of this case are entitled to get a free copy of this judgment as early as possible.
Let this judgment / final order be uploaded in the official website of this District Commission immediately.
Dictated & corrected by me
President
