Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint under the provision of C.P. Act, 2019 was initially filed against the Opposite Party (O.P.) – 1) General  Manager, Go Airlines (India) Ltd., Registered Offic- C/O Britania Imdustries Ltd., A-33, Lawrance Road Industrial Area, New Delhi- 110035, 2) General Manager, Go Airlines (India) Ltd, Corporate Office- C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai,Pin Cod- 400025, 3) Go Airlines (India) Ltd., Bagdogra Airport Office, P.O. & P.S.- Bagdogra, District- Darjeeling, Pin Code- 734014 and 4) against the Proforma Opposite Party  Sri Amit Mondol, 1 No. Dabgram, Near Balaka Club, Ward No. 23 of Siliguri Municipal Corporation, P.O.- Rabindra Sarani, P.S.- Siliguri, District- Darjeeling- 734001. The O.P. No.1, 2 and 3 contested the case by filing Written Version (W.V.).

          The case of the complainant as per her complaint is as follows-

The complainant had purchased 03 (Three) tickets from Bangalore to Bagdogra through the Proforma O.P., who is an agent, on 05.04.2020 from the O.P.s. The date of journey of the said ticket was 15.04.2020 and the total ticket price was of Rs. 31,800/- (Rupees Thirty One Thousand and Eight Hundred) only and due to Covid-19 pandemic, a country wide lockdown was declared by the Govt. of India and as a result the flight date 15.04.2020 was cancelled. The complainant made contact with the O.P. and the O.P. confirmed that Go Airlines had issued credit note against that cancellation and the complainant can purchase new tickets by using the PNR number of the said cancelled tickets.

Accordingly, after few days the complainant again contacted with the Proforma O.P. and purchased 03 (Three) tickets through him from Bangalore to Bagdogra. This time the journey date of the ticket was 04.05.2020 and the total ticket price was of Rs. 29,049/- (Rupees Twenty Nine Thousand and Forty Nine) only. This time the Proforma O.P. told the complainant that an additional amount of Rs. 1,263/- (Rupees One Thousand Two Hundred and Sixty Three) only would be paid to Go Airlines in cash at the airport before boarding. Although the tickets were purchased on 17.04.2020 but the booking date was printed as 04.04.2020 but the PNR No. was same as the earlier tickets, i.e., B79MYM which proves that the 03 (Three) tickets were purchased against the canceled tickets as both contains same PNR number.

As the country wide lockdown for Covid-19 pandemic was extended, the flight for 04.05.2020 was also cancelled and the Proforma O.P. confirmed that this time Go Airlines did not issue any credit note nor they refund the price of the tickets. After waiting for a reasonable time, on 06.06.2020 the complainant sent two e-mails to the admin a well as to the nodal officer of Go Airlines stating everything and asking for refund. Go Airlines acknowledged the e-mails and replied their agent shall respond him soon but no response came to their end and after waiting for a long period the complainant again sent e-mail to the nodal office of Go Airlines as well as to the e-mail id 

The prayers of complainant are as follows :

1. To pass an order directing the O.P. No.1, 2 and 3 and to return the sum of Rs. 31,800/- (Rupees Thirty One Thousand and Eight Hundred) only to the complainant.
2. To pass an order directing the O.P. No.1, 2 and 3 and to pay a sum of Rs. 1, 50, 000/- (Rupees One Lakh and Fifty Thousand) only for mental and physical harassment of the complainant.
3. To pass an order directing the O.P. No.1, 2 and 3 to pay a sum of Rs. 20, 000/- (Rupees Twenty Thousand) only for litigation cost.
4. Any other relief/ reliefs which the complainant is legally entitled to.

          List of Documents filed by the complainant:

1. Photocopy of Flight Ticket, dated 15.04.2020.
2. Photocopy of Flight Ticket, dated 04.05.2020.
3. Photocopy of e-mails, dated 06.06.2020.
4. Photocopy of response e-mails by O.P., dated 06.06.2020.
5. Photocopy of e-mail, dated 27.11.2020.

          On behalf of the Opposite Party (O.P.)- 1) General  Manager, Go Airlines (India) Ltd, Registered Offic- C/O Britania Imdustries Ltd., A-33, Lawrance Road Industrial Area, New Delhi- 110035, 2) General Manager, Go Airlines (India) Ltd, Corporate Office- C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai,Pin Cod- 400025, 3) Go Airlines (India) Ltd., Bagdogra Airport Office, P.O. & P.S.- Bagdogra, District- Darjeeling, Pin Code- 734014 who contested the case by filing Written Version (W.V.) and as per their W.V. the case is as follows.

          The O.P. No. 1, 2 and 3 agreed that on 04.05.2020 the 03 (Three) tickets were booked by the complainant through Proforma O.P. for her travel and a payment/ adjustment/ credit shell was utilized by her amounting to Rs. 29,049/- (Rupees Twenty Nine Thousand and Forty Nine) only and the PNR was same as the earlier PNR which was due for travel on 15.04.2020. The due to country wide lockdown for Covid-19 pandemic was extended and the flight for 04.05.2020 was also cancelled.

In their W.V. the O.P. No. 1, 2and 3 told that the O.P. No.1 utilizing the credit shell effectuated a booking in the name of complainant for a sum of Rs. 29,049/- (Rupees Twenty Nine Thousand and Forty Nine) only for travel on 04.05.2020 and the same had already been refunded to the complainant through the Proforma O.P. on 02.04.2021. The full refund had been made to the complainant and there was nothing due against the said PNR. To get his refund amount the complainant did not pay any effort to meet the O.P. No.1 for refund after cancellation.

Having heard, the Ld. Advocate of both the side and on perusal of the Complaint, Written Version and documents filed by the parties the following points are taken to be decided by this Commission.

Points for consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

Decision with reason:-

          All the points are taken up together for consideration and decision.

Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments of both the parties in full length.

The O.P. No.3 is carrying his business in Bagdogra Airport, P.O. & P.S.- Bagdogra, District- Darjeeling, Pin Code- 734014. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.

At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P not only through her Written Deposition but also by producing documents.

In this case the complainant had purchased 03 (Three) tickets from Bangalore to Bagdogra through the Proforma O.P., who is an agent, on 05.04.2020 from the O.P.s. The date of journey of the said ticket was 15.04.2020 and the total ticket price was of Rs. 31,800/- (Rupees Thirty One Thousand and Eight Hundred) only and due to Covid-19 pandemic, a country wide lockdown was declared by the Govt. of India and as a result the flight date 15.04.2020 was cancelled. The complainant made contact with the O.P. and the O.P. confirmed that Go Airlines had issued credit note against that cancellation and the complainant can purchase new tickets by using the PNR number of the said cancelled tickets.

Accordingly, after few days the complainant again contacted with the Proforma O.P. and purchased 03 (Three) tickets through him from Bangalore to Bagdogra. This time the journey date of the ticket was 04.05.2020 and the total ticket price was of Rs. 29,049/- (Rupees Twenty Nine Thousand and Forty Nine) only. The Proforma O.P. told the complainant that an additional amount of Rs. 1,263/- (Rupees One Thousand Two Hundred and Sixty Three) only would be paid to Go Airlines in cash at the airport before boarding. Although the tickets were purchased on 17.04.2020 but the booking date was printed as 04.04.2020 but the PNR No. was same as the earlier tickets, i.e., B79MYM which proves that the 03 (Three) tickets were purchased against the cancel tickets as both contains same PNR No. The complainant several times made contact with the O.P. No. 1, 2 and 3 by sending e-mail but did not get his refund amount.

          On the other hand, The O.P. No. 1, 2 and 3 agreed that on 04.05.2020 the 03 (Three) tickets were booked by the complainant through Proforma O.P. for her travel and a payment/ adjustment/ credit shell was utilized by her amounting to Rs. 29,049/- (Rupees Twenty Nine Thousand and Forty Nine) only and the PNR was same as the earlier PNR which was due for travel on 15.04.2020. The due to country wide lockdown for Covid-19 pandemic was extended and the flight for 04.05.2020 was also cancelled.  

In their W.V. the O.P. No. 1, 2and 3 told that the O.P. No.1 utilizing the credit shell effectuated a booking in the name of complainant for a sum of Rs. 29,049/- (Rupees Twenty Nine Thousand and Forty Nine) only for travel on 04.05.2020 and the same had already been refunded to the complainant through the Proforma O.P. on 02.04.2021. The full refund had been made to the complainant and there was nothing due against the said PNR. To get his refund amount the complainant did not pay any effort to meet the O.P. No.1 for refund after cancellation.       

          In this instant case, the O.P. No.1, 2, and 3 stated in their W.V. that they had already refunded the purchased amount  of Rs. 29,049/- (Rupees Twenty Nine Thousand and Forty Nine) only of 03 (Three) tickets to the complainant but in support of this, they did not file any documents. On 18.01.2024, vide Order No.12 this Commission had given a direction to the O.P.s to file Bank Statement to show that they had refunded the amount of Rs. 29,049/- on 02.04.2021 to the complainant but the O.P.s did not file the same. In this particular case it is very much clear that the O.P. conducts this case in a very negligent manner and even in spite of the Commission’s direction dated 18.01.2024 they did not consider it necessary to submit the said document.  

So, as per the above discussion it is very much clear that there was a unfair trade practice as well as deficiency in service from the part of O.P.s and this Commission has no doubt that there was a unfair trade practice from the part of O.P.s. In this instance case, the O.P.s are jointly and severally liable.

Hence, it is,

ORDERED

That the Consumer Case No. 10/2021 be and same is allowed on merit against the O.P.s (Go Airlines (India) Ltd.) with cost.  

The O.P.s are directed to refund the purchased price of the 03 (three) flight tickets of Rs. 31,800/- (Rupees Thirty One Thousand and Eight Hundred) only by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order failing which these amount will carry a simple interest of 9% per annum from the date of filing of this case, i.e., from 25.01.2021 till the realization of the entire amount.  . The complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain, agony, harassment and Rs. 5,000/- (Rupees Five Thousand) only for litigation cost. The O.P.s are also directed to deposit Rs. 5,000/- (Rupees Five Thousand) only to Consumer Legal Aid Account of this Commission.

          Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.