Chandigarh

DF-I

CC/519/2021

Jasbir Singh Tiwana - Complainant(s)

Versus

Emirates Group Headquarters - Opp.Party(s)

Saurav Sharma

02 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/519/2021
Date of Institution	:	10.8.2021
Date of Decision	:	2/5/2023

 

 Jasbir Singh Tiwana s/o Sh. Didar Singh Tiwana R/o H. No.16, Sector 3-A, Chandigarh.

.

… Complainant

V E R S U S

1. Emirates Group Headquarters PO Box 686, Dubai, United Arab Emirates.
2. Emirates India Ltd. Head Office, Worldmark 1, Aerocity, new Delhi, 2^nd floor, East Wing  Unit 209-210.
3. My travel Box 120-121, level SCO-2, Madhya marg, Sector 8-C, Chandigarh (pin code 160009)

 .  … Opposite Party

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		Complainant in person Sh. Shashank Shekar Sharma, counsel for OP No.1&2. Sh. Vipan vice counsel for Sh. Stephan Masih counsel for OP No.3 (OP No.3 exparte)

Per surjeet kaur, Member

1. Briefly stated the complainant booked a return ticket via Emirates airlines business class vide booking reference No.CZVDDB and the complainant departed from New Delhi to New Jersey on the 10^th of January 2020 with scheduled booked returned ticket on 27^th may 2020.  The complainant paid a sum of Rs.2,98,000/- to the OP No.3 for booking the ticket It is alleged that the OPs airlines about two months before the scheduled return journey, cancelled the flight intimating the complainant through an email and had made no further communication to the complainant and even did not accommodate the complainant with some other airlines as per common practice.  Since no clarification was received from Ops No.1&2 regarding future travel plan therefore, the complainant under compelling circumstances purchased emergency ticket from United Airlines for returning back India which cost the complainant to the tune of Rs.2,22,740/-. When the complainant came back to India and asked for refund from Ops No.1&2 they only refunded Rs.67,286/- to the complainant though they themselves unilaterally cancelled the flight, which amounts to deficiency in service on their part.  The complainant also sent legal notice to the Ops No.1&2 but with no result. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed
2. The Opposite Parties NO.1&2 in their reply stated that the return ticket of the complainant was cancelled on account of nationwide COVID 19 lockdown imposed by the Government of India on 25^th march 2020 and consequent ban on operation of all domestic and international flights that was imposed by the Director General of Civil Aviation, Government of India vide circular in continuation No.4/1/2020 IR.  It is admitted that return ticket was booked by the complainant for travel on 27.5.2020 but all bookings scheduled for and after 25.3.2020 had to be cancelled by all airlines in accordance with the government notification in force and not for any fault on the part of Ops No.1&2.  Thereafter refund of Rs.69,713/- was refunded to the complainant as per law. Denying any deficiency on their part it is prayed that the complaint be dismissed.
3. OP No.3 in its reply stated that it has no role in cancellation of the flight in question as its role is only restricted to the extent of issuance of tickets. All other allegations made in the complaint has been denied being wrong.
4. However later on OP No.3 did not turn up, hence vide order dated 17.03.2023 it was proceeded against exparte.
5. Rejoinder was filed and averments made in the consumer complaint were reiterated
6. Contesting parties led evidence by way of affidavits and documents.
7. We have heard the learned counsel for the contesting parties and gone through the record of the case.
8. The sole grouse of the complainant through this present complaint is that the OPs No.1&2 cancelled the already booked return flight of the complainant and due to this very reason the complainant had to purchase emergency ticket under compelling circumstances from United Airlines for returning back to India which cost the complainant to the tune of Rs.2,22,740/- and the OPs only refunded partial amount of Rs.67,286/- to the complainant. The allegation of the complainant is that the OPs themselves unilaterally cancelled the flight which amounts deficiency in service.
9. The stand taken by the OPs is that the refundable amount has already been refunded to the complainant and the cancellation of the flight in question was on account of nationwide lockdown due to COVID19 imposed by the Government of India and consequent ban on operation of all domestic and international flights was imposed by the Director General of Civil Aviation, Government of India. Hence, there is no deficiency on their part.
10. After going through the evidence on record it is abundantly clear that the present case was filed on 10.8.2021 and the amount in question was refunded to the complainant on 14.9.2020 meaning thereby when the complainant had already received the refund then there is no question of deficiency in service on the part of the OPs as there is no role on the part of the OPs to cancel the return flight.  Admittedly, all domestic flights were cancelled due to the COVID 19 lockdown imposed by the Government of India, hence we do not find any deficiency on the part of the OPs.
11.  Not only this, it is general practice that ticket issued to a passenger by an airline comprises two components, the fare and the taxes. The taxes are payable to the government of the country of origin and the country of destination and most taxes become payable as soon as the ticket is utilized for travel on the first sector itself. Therefore, upon cancellation after partial utilization, the refund in respect of the taxes is never 50%. Moreover, the cost of a one-way ticket is always more than the cost of a return ticket and the fare component for the onward travel is also never the same as the fare component for the return travel. Therefore, the refund of the fare component after partial utilization is also not 50% in case the ticket is utilized for onward travel but not for return travel. The OPs have filed a comparison by way of screenshots of prices of one-way and return tickets as Exhibit R-1/4. From the said document, it can be seen that the price of a one-way trip from Delhi to New York as on 30.09.2020 was about INR 1,62,640 whereas the cost of a return ticket from Delhi to New York and back on 30.09.2020 was INR 2,44,846. Thus, one can see that the cost of one-way travel is much more than half of the cost of the return travel for the same sectors. This would explain why the quantum of refund on cancellation of the return sectors of the Complainant's flight was less than 50% of the actual ticket cost. 
12. Moreover the Hon’ble Apex Court in case titled as Ravneet Singh Bagga Vs. M/s KLM Royal Dutch Airlines & Anr. (III)(1999) CPJ 28(SC) held as under:-

“The deficiency in service cannot be alleged without attributing fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be performed by a person in pursuance of a contract or otherwise in relation to any service. The burden of proving the deficiency in service is upon the person who alleges it. The complainant has, on facts, been found to have not established any wilful fault, imperfection, shortcoming or inadequacy in the service of the respondent.”

 

13. In the instant case the complainant also failed to prove deficiency on the part of the OPs by way of any cogent evidence, hence, the principle of law laid down in the aforesaid case is squarely applicable to the facts and circumstances of this case. Hence, there is no merit in the complaint and the same is liable to be dismissed.
14. In view of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
15.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member
mp