Haryana

Kurukshetra

CC/417/2020

Aproov Garg S/o Rajesh Garg - Complainant(s)

Versus

Goibibo - Opp.Party(s)

Ashok Bansal

09 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION  KURUKSHETRA.

 

Consumer Complaint No.417 of 2020

Date of Instt.:2.12.2020

Date of Decision: 9.08.2021.

 

Apoorv Garg aged 18 years, son of Sh.Rajesh Garg resident of house No.366, Sector-7, U.E. Kurukshetra.

                                                              …….Complainant.       

                                                   Versus

 

1.Goibibo, 5^th Floor Good Earth, City Centre, Sector -50, Gurugram through its General Manager (Email id:- Travel@ goibibo.com).

 

2.  Air India Limited, Airlines house 113, Gurudwara Rakab Ganj Road, New Delhi through its General Manager (Email id gmphq@ airindia.in).                                                                                                                                                         

                                                      ….…Opposite parties.

 

                  Complaint under Section 35 of Consumer Protection Act.

Before        Smt. Neelam Kashyap, President.    

                   Shri Issam Singh Sagwal, Member.                           

 

Present:      Sh.Kewal Krishan Advocate for the complainant.

                   Ops ex parte.

 ORDER

                   This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by the complainant Approv Garg etc.  against  Goibibo etc..  etc., the opposite parties.

2.                In brief, the case of the complainant  had purchased e-tickets vide PNR No.Y8GHK on payment of Rs.66870/- vide booking ID-TUAND72DH dated 23.2.2020 to travel from JKF to Delhi on 18.5.2020 along with return journey from Delhi to Bombay  and Bombay to EVR on 29.8.2020 in airlines of OP No.2 through  OP No.1.  Ticket No. 098375941380  is issued to the complainant. The said tickets were confirmed  by OP No.2.  The OLP no.2 had cancelled the said flight at their own and thereby complainant could not avail the services to be rendered by th  OP No.2 purchased by the complainant for  valuable consideration. It is further stated that on cancellation of flight the Ops are bound to refund the amount of Rs.66870 to the complainant alongwith interest.  It is further stated that due to cancellation of flight by the oPno.2 the complainant has been forced to stay in USA causing an expenditure of 4.00 lacs which amount could be spared if the Ops provided flight to the complainant for coming from JFR to Delhi.  The Ops have withheld the hard earned amount of the complainant which amounts to deficiency in services on the part of the  Ops. Thus,   the complainant has filed the present complaint alleging deficiency in services on the part of the Ops and prayed that the Ops be directed to refund the amount of Rs.66870/- to the complainant alongwith interest, compensation and litigation expenses.

 

3.                Notice of the complaint was given to the Ops and the Ops were duly served but failed to appear and contest the case. Therefore, vide order dated 27.01.2021, the Ops were proceeded against ex-parte.

 

4.                The complainant in support of his case has filed his affidavit Ex.CW1/A  and tendered documents Ex.C-1 to Ex.C-4 and closed his evidence.

 

5.                We have heard the learned counsel for the  complainant and gone through the case file very carefully.

 

6.                The learned counsel for the complainant while reiterating the averments made in the complaint has argued that the complainant  had purchased e-tickets vide PNR No.Y8HGX on payment of Rs.66870/- vide booking ID-TUAND72DH dated 23.2.2020 to travel from JKF to Delhi on 18.5.2020 along with return journey from Delhi to Bombay  and Bombay to EVR on 29.8.2020 in airlines of OP No.2 through  OP No.1.  Ticket No. 098375941380 has been   issued to the complainant. The said tickets were confirmed  by OP No.2.  The OLP no.2 had cancelled the said flight at their own and thereby complainant could not avail the services to be rendered by the  OP No.2 purchased by the complainant for  valuable consideration. It is further stated that on cancellation of flight the Ops are bound to refund the amount of Rs.66870 to the complainant alongwith interest.  As per Ex.C-4 amount of Rs.65841.00 has been initiated for refund to the complainant. The version put forwarded by the complainant goes completely unchallenged and unrebutted because the Ops have  been proceeded against ex-parte due to their non appearance and the application filed by them  for setting ex parte order dated 27.1.2021 has also been dismissed. Therefore,  it is proved  that the complainant paid the amount of Rs.66870/- to the Ops for booking of e-ticket but the Ops cancelled the flight at their own and refunded the amount of Rs.65841/- only to the complainant i.e. less amount of Rs. 1029 has been paid  whereas as per  Mark “A the complainant  is entitled to full refund ,  which amounts to deficiency  in services on the part of the Ops  for which the complainant was forced to file the present litigation. Therefore, the complainant is entitled to refund of the amount paid in less alongwith compensation for the mental agony and harassment caused to him and the litigation expenses.

 

7.                In view of the above, we allow the present complaint and direct the OPs to refund the amount of Rs.1029/- to the complainant. The complainant shall also be entitled for a sum of Rs.10,000/- as compensation for the mental harassment caused to  her and Rs.10000/- for the litigation expenses. The OPs are   further directed to make the compliance of this order within a  period of  30 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 72/77 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open commission:

Dt.:9.08.2021                                                     (Neelam Kashyap)

                                                                                  President.

 

 

(Issam Singh Sagwal),                           

 Member