Chandigarh

DF-I

CC/918/2019

Anil Guatam - Complainant(s)

Versus

Vistara Airlines - Opp.Party(s)

Devinder Kumar

24 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

                                     

Consumer Complaint No.	:	CC/918/2019
Date of Institution	:	06/09/2019
Date of Decision	:	24/01/2020

 

Anil Gautam S/o Late Sh. R.D. Gautam, R/o H.No.1495-A, Sector 35-B, Chandigarh – 160022.

…..Complainant

 

V E R S U S

 

Vistara Airlines, Head Office: Tata Sia Airlines Ltd., Jeevan Bharti Tower-1, 10^th Floor, 124 Connaught Circus, New Delhi – 110 001, through its Managing Director.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                               

ARGUED BY	:	Sh. Devinder Kumar, Counsel for Complainant.
	:	Opposite Party ex-parte.

 

PER Dr.S.K.Sardana, Member

1.         As averred in the Complaint, on 18.06.2019 Complainant booked three flight tickets from Delhi to Chandigarh for 30.06.2019 and paid a sum of Rs.17,859/- to the Opposite Party through Net Banking. On the day of journey i.e. 30.06.2019, the Opposite Party sent an SMS and informed that due to operational reasons; flight has been cancelled and assured to full refund of the tickets. However, the Opposite Party failed to refund the amount despite repeated telephonic calls and e-mails. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Party tantamount to deficiency in service and unfair trade practice, he has preferred the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs. 
2.         Notice of the complaint was sent to Opposite Party seeking his version of the case.
3.         However, nobody appeared on behalf of Opposite Party despite service, therefore, he was proceeded ex-parte on 25.11.2019.
4.         Complainant led evidence.      
5.         We have gone through the entire record and heard the arguments addressed by the Complainant.
6.         Significantly, the Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it.
7.         The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
8.         Per Annexure C-1, there is no dispute about the fact that the Complainant booked three air tickets on 18.06.2019 and paid an amount of Rs.17,859/- to the Opposite Party through Net Banking. However, due to operational reasons, on the day of journey i.e. 30.06.2019, the flight in question was cancelled, due intimation whereof was sent to the Complainant via SMS with an assurance of full refund of the tickets. The said SMS accounts for Annexure C-3.
9.         Meticulous perusal of the record shows, despite issuing refund vouchers (Annexure C-4 to C-7) and repeated requests & frantic efforts made by the Complainant through telephonic calls as well as e-mails (Annexure C-8 to C-11), the Opposite Party did nothing to resolve the matter and lingered on the refund on one pretext or the other.  It is thus established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have taken prompt steps to air the grievance of the Complainant, which it miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant.  Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
10.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]    To refund Rs.17,859/- to the Complainant;

[b]    To pay Rs.7,000/- as compensation to the complainant for deficiency in service, unfair trade practice and for causing harassment caused to him.

[c]    To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

11.         The above said order shall be complied within 30 days of its receipt by Opposite Party; thereafter, Opposite Party shall be liable for an interest @9% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced

24^th January, 2020                             

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

(DR.S.K.SARDANA)

MEMBER

 

 “Dutt”