FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
Brief facts, as averred in the complaint, are that the complainants, who are husband and wife, had booked online tickets through OP 1 Cleartrip Private Ltd. From Muscat to Kolkata via Mumbai for an amount of Rs. 40,800/-, vide PNR No. MFZKWW, Trip I.D 181121284758 dated 21.11.2018 with OP 2 Jet Airways India Ltd. for flight on 24.01.2019 and 30.01.2019. On account of personal difficulties the complainants were not in position to travel and cancelled the air tickets. It is further averred that the OP 1 cancelled the air tickets on 22.01.2019 with further intimation that they will proceed to refund exact amount soon. That on 23.01.2019, complainant No. 1 had received e-mail from the OP 1 that total refund amount is ZERO (0) without assigning any reason. Immediately complainant No. 1 had replied the e-mail and also clarified categorically that trip was refundable. OP 1 replied the said e-mail and takes 10 to 15 days to process the refund. There were exchance of e-mails between the complainant No. 1 & OP 1 regarding their wrong act and deficiency in service but to no response. Due to the irresponsible act and conduct of the OPs, complainants suffered mental tension, agony, botheration, harassment and humiliation. Alleging deficiency in service and adoption of unfair trade practice on the part of the Ops the consumer complaint is filed claiming refund of fare paid to the OP 2 through OP 1. They also claim compensation on account of mental tension, negligence and also cost of litigation.
OPs did not appear despite service of notices and the case runs ex-parte against the OPs.
In order to prove their case, the complainants have tendered their E/chief supported by affidavits. They also relied the photocopies of documents annexed with the consumer complaint.
We have heard the learned counsel for the complainants and have carefully gone through the record of the case. We have also gone through the written arguments submitted by the complainants.
The sum and substances of oral as well as written arguments of the learned counsel for the complainants is that without assigning any reason the OP 1 vide e-mail dated 23.01.2019 informed that total refund amount is ZERO. It is true that on 21.11.2018 the complainant No. 1 booked air tickets online through OP 1 Cleartrip Private Limited from Muscat to Kolkata via Mumbai for an amount of Rs. 40,800/- vide PNR No. MFZKWW with OP 2 Jet Airways India Ltd. on 24.01.2019 and 30.01.2019.
It is also true that on account of personal difficulties complainants cancelled the air tickets and also received confirmation regarding cancellation of tickets on 22.01.2019 from the OP 1 with a further intimation with regard to process of refund within five to seven days. OP 1 vide e-mail dated 23.01.2019 informed the complainant No. 1 that total refund amount is Zero without assigning any reason. OPs had acted in a very discourteous and negligent manner resulting in great hardship of the complainants. The OPs never explained the reason why refund amount is Zero though the trip was refundable. It is for the OPs to explain the reason why refund amount is 0 (Zero) and absence of such explanation would amount to willful suppression of real cause. As a result, the complainants have suffered. It is not difficult to understand how much mental agony and tension that the complainants might have undergone. There is no evidence on the part of the OPs to controvert the evidence of the complainants. The OPs are certainly deficient in rendering service to the complainants and also adopted unfair trade practice.
Keeping in view the facts of the present case, we direct the OPs to refund the entire amount paid by the complainants i.e. Rs. 40,800/- after deduction from the said amount not exceeding 10% as service charges for purchasing air tickets along with interest as per following arrangement.
- An interest at the rate of 6% per annum calculated from 22.01.2019 (being the date of cancellation) till 20.06.2022 (being the date of the present judgment);
- The rate of interest payable as per the aforesaid clause (i) is subject to condition that the OPs pay the entire amount on or before 31.08.2022;
- Being guided by the principles as discussed above, in case the OPs fails to refund the amount as per the aforesaid clause (i) on or before 31.08.2022, the entire amount is to be refunded with an interest @ 9% p.a. calculated from 22.01.2019 till the actual realization of the amount.
In addition to the aforesaid and taking into consideration the facts of the present case, the OPs are jointly and severally directed to pay a sum of :
- Rs. 30,000/- (Rupees Thirty thousand) only for mental agony and harassment to the complainants; and
- The litigation cost to the extent of Rs. 10,000/- (Rupees ten thousand) only.
Thus, the consumer case is disposed of ex-parte against the OPs in part.
A copy of this judgment be provided to all the parties free of cost as mandated by the CP Act, 2019. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.
File be consigned to the Record Room.
