FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the complainant in short,is that, the complainant booked a trip to China by paying booking amount of Rs.30,000/- in connection of the said tour. Due to outbreak of Corona Virus Pandemic, Government of India issued strict advisories in regard to Covid restrictions travel to and from China was absolutely stopped. Therefore, all the flights to and from were cancelled automatically and various notifications and guidelines were issued by the Ministry of Civil Aviation and Airport Authority of India. The Ministry of Civil aviation interventedand vide its Memorandum no. F No. AV-29011/27/2020 dated 16/04/2020 directed for the full refunds without any deductions. As per the Civil Aviation Requirements May 2008 it has been specifically been clear that if the tickets are cancelled due to any force majure no deductions will be made by any airlines or Tours and Travel Company. The complainant waited for 21 months in expectation with cancellation or rescheduling of the said trip on the part of the OPs. Thereafter, the complainants sent several mails to the OP which have not been responded by them. When the complainant communicate with them over phone the OPs intimated the complainant that they have booked the tickets and the money is lying with the Airlines, therefore they are unable to refund back and would pay after they receive back the money from the airlines. Complainants asked the OPs to share the booking details but the OPs failed to do so. Therefore the complainants requested the OPs to refund the booking amount paid by the complainants. The OPs remained unturned. Then the complainants issued a legal notice through their Ld. Advocate on 16/09/2021. Till date the OPs did not take any initiative to refund the deposited amount paid by the complainant. Alleging unfair trade practice and deficiency in service on the part of the OPs, the complainant has filed the present complaint seeking refund of deposited amount including interest , compensation and litigation cost .
OPs did not resist the consumer complaint despite service of notice. No WV is filed by the OPs within the statutory period. Thus, the case runs ex parte hearing against the OP.
In support of his case the complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the complaint petition. Complainant has also filed written argument. We have heard argument on merit and have also perused the record.
Evidently, the complainants had booked the a trip to China scheduled to start from May 2020 by paying booking amount of Rs.30,000/- with the OPs on 28/11/2019 vide Cheque no.037604 drawn on SBI. There is also no doubt that Government of India cancelled all commercial / international flights from 15.03.2020 due COVID 19 pandemic. Therefore, said trip of the complainant automatically got cancelled. On perusal of the documents on record furnished by the complainant it is observed that on behalf of the OPs a letter was issued intimating that:
“Under the Central government’s stringent directives and advisories on COVID-19, our offices are temporarily closed and our business related activities remain suspended.”
It is also intimated by the Official of the OPs in the aforesaid letter that:
“However, under the current travel uncertainty, our Overseas and Domestic Travel Partners and Airlines have considred to accommodate and service all our Group/Individual Travels in new rescheduled Tour Dates. All of them have agreedto transfer the booking amounts for the respective Passengers to new Tour Date, which will be advised by us to them as situation becomes normal.
We shall thus certainly adjustyour advanced amounts appropriately towards rescheduled tours or alternative bookings, International or Domestic as the case may be. We will keep you adequately informed on the reschedules and changes through our Representatives as and when the pandemic recedes and the tour-servicing machinery gears up.”
Photocopies of e-mails dated 02/11/2020 and 05/03/2021 sent by the complainant to the OPs showing that complainants made request them to refund their deposited amount of Rs.30,000/- . In reply an official of the OPs informed the complainants through e-mail dated 06/03/2021 that:
“Right now we are not in good shape to refund your money because of this pandemic situation , your money is in safe hands don’t worry about the money please give us some time to refund your money .
We are trying to refund your money as soon as possible.”
Getting no confirmation from the OPs end the complainant made series of requests through e-mails to the OPs on 19/04/2021, 17/05/2021 , 20/05/2021 , 16/06/2021 and 08/07/2021. OPs replied on 08/07/2021stating that:
“Right now we don’t have any CEO in our company. And please note I told you before few months back, this registration fees only adjustable non refundable so you have to wait few more months may be.”
Thereafter, the complainant sent reminder again on 24/08/2021 and 02/09/2021 to the said Official of the OPs and the photocopy of the e-mail dated 02/09/2021 issued by the complainants to the OPs 2 & 3 reveals that the OPs have refunded only Rs.5000/- to the complainants on 25/08/2021 as cash deposit to complainants’ SBI account. Thereafter, the complainants sent a legal notice to the OPs which were duly received by the OPs. But no communication was made on the part of the OPs with the complainants.
It is true that that no WV has been filed by the OPs though several opportunities were given to them for filing WV but they have failed to file the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter, we can safely state that on failure to file WV by the OPs tantamount to admission of the allegations stated in the complaint petition. Ld. Advocate for the complainant submitted that OPs have informed the complainants over telephonic conversations that they have booked the air tickets and the money is lying with the airlines, therefore, they are unable to pay. Further it is also submitted by the Ld. Advocate for the complainant that,The Ministry of Civil Aviationintervened and vide its Memorandum no. F No. Av-29011/27/2020 dated 16thApril directed for full refunds without any deductions .In this regard , we may refer the matter of Pravasi Legal Cell &Ors versus Union of India (W.P. (C) D. No. 10966 of 2020 where theHon’ble Supreme Court mentioned that :
The Ministry of Civil Aviation (MoCA), while acknowledging the unusual situation that has arisen due to the lockdown imposed, to contain further spread of COVID19 and its consequential effect on the air passengers and airlines, by examining the grievances received from various quarters, issued an advisory to all stake holders in civil aviation sector in the shape of Office Memorandum dated 16th April 2020. The advisory issued read as under:
“3.
(i) If a passenger has booked a ticket during the first lockdown period (from 25 th of March to 14 of April, 2020) and the airline has received payment for booking of the air ticket during the first lockdown period for travel during the same period, for both domestic and international air travel and refund is sought by the passenger against that booking being cancelled, the Airline shall refund the full amount collected without levy of cancellation charge. The refund shall be made within a period of W.P. (C)D.No.10966 of 2020 etc. three weeks from the date of request of cancellation.
Therefore, the Hon’ble Supreme Court has held that:
“C. For international travel when the ticket has been booked on an Indian carrier and the booking is exIndia
If the tickets have been booked during the lockdown period for travel within the lockdown period, in all such cases full refund shall be given by the airlines immediately (this is being mandated vide MoCA’s OM dated 16 th April, 2020 as the airlines were not supposed to book such tickets). This amount shall be passed on immediately by the Agent to the passengers, as the case may be.
W.P.(C)D.No.10966 of 2020 etc.
In view of the above facts it is observed by us that, it is very unfortunate that OPshave miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of the OPs. Under the above circumstances, unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/ reliefs as prayed for.
Based on the above discussion we disposed of the consumer case in the following terms :-
- OPs are jointly and severally directed to make payment of Rs.25,000/-to the complainant.
- OPs are further jointly and severally directed to make payment of RS.25,000/- as compensation for harassment and mental agony caused to the complainant due to deficiency in service.
- OPs are also jointly and severally directed to pay Rs.10,000/-as cost of litigation to the complainant.
- Above payments shall be made within 04 weeks from the date of this order failing which the amount shall carry interest @ 9% p.a. from the date of the order till its realization.
The instant Consumer Complaint is thus allowed on ex parte against the OPs.
Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.
