IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 16th day of November, 2021
Filed on 21.01.2021
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.24/2021
Between
Complainant:- Opposite parties:-
Sri. Asokakumar, Via. com
Thonnurinchira Registered office
Chempumpuram.P.O Magnolia, Block B , Level 4
Champakkulam Manyata Embassy Business Park
Alappuzh -688 505 Outer Ring Road Nagawara
(Party in person) Banglore- 560045, Karntaka.
(Exparte)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
Complaint filed u/s 35 of the Consumer Protection Act, 2019
1. Material averments briefly stated are as follows:-
The complainant and his wife Sathi booked air tickets through online from opposite party’s mobile application for journey of the complainant and his wife for 3 occasions, viz on 22/3/2020 from Kannur to Delhi , on 28/3/2020 from Kannur to Delhi and on 15/4/2020 from Calicut to Delhi respectively. On each occasions an amount of Rs.13,558 , Rs.12,508/- and Rs.7,736/- respectively had received by opposite party as ticket charges. All these account were deducted from the account of complainant’s HDFC Bank Credit card. But the complainant and his wife could not fly during these period of 3 occasions due to Covid-19 pandemic situation since there was lockdown declared all over the country by government of India. Subsequently the complainant wanted to refund of the amount paid for booking. Call was not attended by the opposite party and there was reply for the e-mail that the amount refunded to the bank account of the complainant and it will be credited within 15 days. On calling Air India also replied they have already refunded the said amount. Therefore the said amount of total Rs.33,802/- is to be refunded from the opposite party, hence this complaint.
Opposite party was set exparte.
2. The complainant filed affidavit in tune with the complaint and got marked Ext.A1 to A3.
3. Points to be considered are:-
1. Whether there was any deficiency in service from the part of opposite party?
2. Whether the complainant is entitled to realize an amount of Rs.33,802/- from the opposite party as prayed for?
3. Reliefs and cost?
4. Point No. 1 and 2:-
The complainant’s case is that he booked Air ticket on 3 different dates with opposite party for travelling from Kannur to Delhi(2 times) and from Calicut to Delhi(1 time). The printout of the tickets were produced and got marked as Ext.A1 to A3. As per these Ext.A1 to A3 it is seen that on 17/3/2020 the complainant booked Air ticket for the journey of the complainant and his wife Sathi from Kannur to Delhi on22/3/2020. Secondly on 28/3/2020 and 3rd time on 15/4/2020 from Calicut to Delhi by Indigo Flight.
On going through the Ext.A1 to A3 it was understood that the period of travel to be scheduled was during the lockdown declared by Central Government. The period of Lockdown was uncertain and the complainant decided to go to his destination but on that situation he could not avail the facility of Ext.A1 to A3.
In that occasion the opposite party was having responsibility to refund the amount covered in Ext.A1 to A3 since the problem was arise not due to the fault of the complainant.
Moreover, the Hon’ble Supreme Court ordered in October 1st,2020 all airlines make complete payments of refunds to passengers by March 2021. Further, the Central Government warned travel agents not to delay giving refunds to passengers in cases where the money has been paid back by airlines to them. The Directorate General of Civil Aviation (DGCA) also warned to initiate action against them for violation of the Hon’ble Supreme Court Judgment on refunds for flights cancelled during the pandemic.
The unchallenged averments in the complaint, proved by the complainant in the proof affidavit coupled with Ext.A1 to A3. Hence we found there is deficiency of service from the part of opposite party and thus the complainant is entitled to get the reliefs sought for in the complaint.
5. Point No.3:-
In the result complaint stands allowed.
A) Opposite party is directed to refund Rs.33,802/-(Rupees Thirty three thousand eight hundred and two only) being the charges received from the complainant for Air tickets.
B) Opposite party is also directed to pay Rs.2000/- (Rupees Two thousand only)as cost of the proceedings to the complainant.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 16th day of November, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Flight E –Ticket (Kannur to Delhi)
Ext.A2 - Flight Ticket (Kannur to Delhi)
Ext.A3 - Flight Ticket (Calicut to Delhi)
Evidence of the opposite parties:- Nil
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
