Punjab

Faridkot

CC/20/162

Jaswinder singh - Complainant(s)

Versus

Vohra Enterprises - Opp.Party(s)

Kuldip Singh

26 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :                     162 of 2020

Date of Institution:       13.10.2020

Date of Decision :        26.11.2024

 

Jaswinder Singh aged about 51 years, son of Chajju Ram r/o House No.616, German Colony, Near Old Cantt Road, District Faridkot.

                                               .......Complainant

Versus

 

1. Vohra Enterprises Co. Old Fuhara Chowk, Vohra Complex, Faridkot.
2. Thai Airways International Public Company Limited, Ground Floor, Daddies Commercial Tower, Novotel-Pullman, Hotel Complex, Asset No.2, Hospitality District, Aerocity, IGI Airport, New Delhi-110037.
3. Director General of Civil Aviation, Aurobindo Marg, Opp Safdargunj Airport, New Delhi, Delhi-110003.

                     .......Opposite Parties

 

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:     Sh Rakesh Kumar Singla, Presient,

                     Smt Param Pal Kaur, Member,

 

Present:      Sh Kuldeep Mittal, Ld Counsel for complainant,    

                  Ms Angel Khosa, Ld Counsel for OP-1,

                   Sh Mandeep Channana, Ld Counsel for OP-2,

                  Sh Gagandeep Singh Sukhija, Ld Counsel for OP-3,

 

* * * * * * * *

(Rakesh Kumar Singla, President)

(ORDER) 

 

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                                        Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OPs seeking directions to them to refund ticket charges and for further directing them to pay the amount of Rs.1,00,000/- as compensation for mental agony and harassment to complainant besides litigation expenses.

2                      Brief facts of the present complaint are that complainant purchased a flight ticket for going from New Delhi to Auckland New Zealand and paid Rs.40,500/-to OP-2 through OP-1. Flight date was 27.03.2020, but on 23.03.2020, curfew was imposed by State Government and said flight also did not take off. On 19.03.2020, complainant approached OP-1 and requested to cancel the said ticket and also requested for starting process of refund. On 14.04.2020, complainant sent an e-mail to OP-2 to provide status for refund of ticket, in reply to which OP-2 asked complainant to approach OP-1 travel agent. On 16.04.2020, complainant got e-mail from OP-2 wherein it was stated that due to pandemic of Corona, Government of India extended lock down and due to that reason their office was closed till 03.05.2020. On 20.06.2020, complainant again sent e-mail to OP-2 and requested for refund of ticket, but OP-2 replied that due to pandemic their office was closed till 30.06.2020, but on 22.06.2020, OP-2 replied that refunds are processed from where the tickets were issued and ticket status is still open. OP-2 asked complainant to contact agent to check if they have initiated the refund process. Complainant  again took up the matter with

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OP-2 on  6^th and 7^th of August, 2020, but all in vain. On 07.08.2020, complainant received a copy of e-mail from Thai Airways to OP-1 on whatsapp number and requested to initiate refund process, but till date, no action has been taken. Thereafter, on 31.08.2020, complainant lodged  complaint with OP-3, but even then, no action has been taken on his complainant. Complainant made several requests to OPs to make refund of fare charges, but all in vain. All this amounts to deficiency in service and unfair trade practice on the part of OPs and has caused huge harassment, mental agony and financial loss to him for which he has prayed for compensation of Rs. One lac alongwith main relief. Hence, the  present complaint.

3                                           The complaint was admitted after hearing and vide order dated 19.10.2020, notice was ordered to be issued to Opposite Parties to appear in person or through representative to file reply to the complaint.

4                                               OP-1 appeared in Commission through Counsel  after being served and filed reply taking preliminary objections that complaint is not maintainable against answering OP as there is no deficiency in service on the part of OP-1. OP-1 submitted that it has never refused for refund of ticket, rather a refund of Rs.39,246/-has been received and OP-1 has offered complainant to receive the same, but he himself has refused to receive the refund of Rs.39,246/-. On merits, OP-1 admitted that complainant got booked ticket from OP-1  and reiterated that refund of Rs.39,246/-has been received from OP-2 and 3, but

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complainant has himself refused to receive the same. As per OP-1 there is no deficiency in service on their part and made prayer for dismissal of complaint with costs.

5                                           OP-2 also filed written version through counsel wherein they have denied all the allegations of complainant being wrong and incorrect and asserted that there is no deficiency in service on the part of OP-2. It is averred that ticket of complainant could not be utilized due to nationwide lockdown imposed by Government of India for curbing the corona virus. It is brought before the Commission that complainant got booked his ticket through a travel agent Akbar Travels of India Pvt Ltd. OP-2 admitted that they received Rs.40,599/-from said Travel Agent and on receiving the application for refund from said Travel Agent, answering OP approved the full refund on 08.07.2020 and processed the same to 11.11.2020. It is submitted that there is no deficiency in service on the part of answering OP as full refund has been processed and sent to travel agent. All the other allegations and the allegation with regard to relief sought too are denied being wrong and incorrect and it is reiterated that there is no deficiency in service on the part of OP-2.

6                                    OP-3 filed written version through counsel and took preliminary objections that answering OP is the Department of Central Government and before filing complaint, it was mandatory to give notice under Section 80 of Civil Procedure Code to OP-3. OP-3 submitted that complainant is not their consumer as entire matter is

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between complainant and service provider i.e travel agent and airlines as passenger is consumer of Travel Agent or Airline Services and for any kind of deficiency in service, answering OP cannot be held liable. Further averred that grievance of the complainant is against OP-1 and OP-2 and they do not come under the ambit of DGCA. On merits also, OP-3 denied all the allegations levelled by complainant being wrong and incorrect and made prayer for dismissal of complaint with costs.

7                                     Parties were given proper opportunities to prove their respective case. Ld Counsel for the complainant tendered into evidence affidavit of complainant Ex C/A, documents Ex C-1 to Ex C-4  and then, closed the same.

8                                  To controvert the allegations of the complainant, ld counsel for OP-1 tendered into evidence affidavit of Harpreet Singh Ex OP-1/1, document Ex OP-1/2 and then, closed the same on behalf of OP-1. Similarly, ld counsel for OP-2 also tendered into evidence affidavit of Neeladri Kumar Das Ex OP-2/A, documents Ex OP-2/2 to Ex OP-2/5 and then, also closed the evidence on behalf of OP-2. Ld counsel for OP-3 also tendered into evidence affidavit of Satish Chandra Tripathi Ex OP-3/1 and also closed the same.

9                                   We have heard the learned counsel for complainant as well as OPs and have carefully gone through the evidence and documents placed on record.

 

 

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10                                On thorough perusal of documents available on record, it is observed that case of the complainant is that he purchased air ticket for going from New Delhi to Auckland (New Zealand) and paid Rs.40,500/-to OP-2 through OP-1. Flight date was 27.03.2020, but due to pandemic caused by Corona Virus, Government of India imposed curfew and flights were cancelled. As flights were cancelled and ticket purchased by him could not be utilized, therefore, complainant sought refund of his air fare charges from OPs. Grievance of the complainant is that despite repeated requests, OPs have done nothing to initiate refund process and he has been forced to file the present complaint. He has prayed for accepting the present complaint. On the other hand, plea taken by OP-1 is that he has received refund of Rs.39,246/-from OP-2 and 3 and has offered complainant to receive the same, but complainant has himself refused to accept the refund. He has also placed on record copy of cheque. On the other hand, stand taken by OP-2 is that they have already refunded the entire air fare charges received from complainant to his travel agent on 11.11.2020 and there is no deficiency in service on the part of OP-2. Similarly, OP-3 has also denied all the allegations levelled by complainant being wrong and incorrect and asserted that complainant is not their consumer and prayed for dismissal of complaint.

11                                  After going through the record of the case, evidence and documents produced on file, this Commission finds force in the contentions of the complainant. There seems to be no doubt that complainant purchased said ticket from OP-1 and 2 for going from Delhi

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to Auckland and there is also no denial by them that flights were cancelled due to pandemic caused by Corona Virus and ticket could not be utilized. Crux of the complaint is that OPs have not made refund of air ticket purchased by him. It is noticed that OP-2 have made refund of air ticket on 11.11.2020, but complainant has not received the same. On the other hand, OP-1 placed on record copy of cheque dated 15.06.2020 to prove the fact that he is ready to make refund of Rs.39,246/-but complainant has himself refused to accept the same. It is keenly observed that when OP-1 received refund on 11.11.2020,  then, why did he caused delay in returning the amount to complainant as copy of cheque placed on record is dated 15.06.2020. Further noticed that OP-2 has refunded entire ticket amount to travel agent but OP-1 is ready to pay only Rs.39,246/-. Moreover, throughout the entire proceedings of the complaint or during arguments, OP-1 did not make a single effort to resolve the issue by offering to make payment of ticket charges received from OP-2. Merely by placing on record copy of cheque does not mean that he is ready to make payment and even said cheque Ex OP-1/2 does not bear the name of complainant correctly.

12                                 Keeping in view the above discussion, aforementioned facts, documents and evidence brought on record by respective parties, this Commission is of considered opinion that there is unfair trade practice and deficiency in service on the part of OP-1. Hence, complaint in hand stands hereby partly allowed. OP-1 is directed to refund Rs.40,500/-to complainant alongwith interest at the rate of 6%

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to complainant. OP-1 is further directed to pay Rs.3000/-as compensation for harassment and mental agony suffered by him and Rs.2000/- for litigation expenses to complainant.

13                                  Compliance of this order be made within 45 days from the date of receipt of the copy of the order, failing which OP-1 shall have to deposit Rs.5000/-in the Consumer Legal Aid Account of this Commission in addition to the compensation and relief already awarded.

14                                  Complaint against OP-2 stands dismissed as it has already made refund of ticket fare to Travel Agent on 11.11.2020. Complaint against OP-3 is also dismissed as it has no role in selling air tickets or in making refund of ticket fare.

 15                                 Complaint could not be decided within stipulated period due to heavy pendency of work and incomplete quorum.

16                                   Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in Commission :

Dated: 26.11.2024

                                  (Param Pal Kaur)     (Rakesh Kumar Singla)

                                  Member                         President