ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant against the Opposite Parties (herein referred to as OPs) under Section 35 of the Consumer Protection Act 2019 for the deficiency in service in not refunding the amount paid towards booking air fare in order to go to Singapore and for damages of Rs.2,00,000/- for causing mental agony, hardship and depression along with interest at 24% per annum on the said amount from 09.02.2019 the day on which they booked the tickets, and for such other reliefs as the Hon’ble District Commission deems fit.

2.     The brief facts of the complaint are that; One Smt Priyadarshini being the daughter of the complainant Sri Vijay Kumar Gupta and Smt Sheela Vijay booked ticket for them to go to Singapore on 20.06.2019 from Bangalore.  She booked two tickets from OP-1 and 2 by paying Rs.35,517/- on 09.02.2019. The purpose of the journey was to attend the anniversary event of their daughter of Smt. Priyadarshini.  On 18.04.2019 the Jet Airways i.e. OP-3 informed the complainant that is A Vijay Kumar Gupta who (demised during the pendency of the proceedings and his legal representatives i.e. His wife Smt.Sheela Vijay his daughter Pryadarshini were impleaded) was informed regarding the cancellation of the flight from Bangalore to Singapore and also the return flight on 24.06.2019. Due to the said cancellation of the said flight, they were much disappointed. On 19.11.2019 Smt. Priyadarshini received email from OP-1 IBIBO Group Private Limited the travel agent, expressing their sincere apologies for the inconvenience caused due to cancellation of the trip and for delay of refund of the booked amount Rs.35,517/-. The complainant contacted OP-1 and 2 as well as OP-3 for refund of the said amount over phone several times and through emails and inspite of it, they have not refunded the said amount.  Both the agent of the airlines and the airlines authorities are bound to refund the amount of the tickets i.e. Rs.35,517/- along with interest at 18% per annum, since the flight was cancelled at the end of airlines and also liable to pay damages of Rs.2,00,000/- for causing mental agony, stress and depression. They issued legal notice demanding the same and inspite of the service, neither replied to the notice nor complied the demand. Hence the complaint.

3.     Originally this complaint was filed by Mr. A Vijaya Kumar Gupta the complainant. He died during the pendency of the proceedings and his LRs namely Smt Sheela Vijay (wife) and his daughter Mrs. Priyadarshini were impleaded as legal representatives of the deceased Vijay Kumar Gupta and they continued the further proceedings.

4.     Upon service of notice, OP-1, 2 and 3 appeared before the Commission through their advocate. Whereas, substitute service by way of paper publication of the notice was taken against OP-4 and inspite of it, OP-4 did not appear before the Commission and hence placed exparte. OP-5 appeared in response to the notice sent by this Commission and sent a reply by post contending that they are not the service providers and there is no consumer and service provider relationship between them.  It is to be noted here that OP-5 is the Director General of Civil Aviation who controls and guides the operation of the  Civil Aviation in the country.

5.     OP-1, 2 and 3 have filed their version contending that, the complaint is not maintainable either in law or on facts and it is bad for misjoinder of necessary parties.  It has denied its liability of refunding the booking ticket charges of Rs.35,570/- on the ground that it is only a facilitator providing a platform to book the ticket, accommodation, holiday packages, and it is only an intermediary between the end user and the service provider i.e. Airline Jet Airways in this case. The amount collected from the complainant towards booking of the ticket were transferred to the airlines i.e. Jet Airways, in which the complainant chose to fly.  They booked the ticket for the complainant and his wife upon payment of Rs.35,517/- and the said amount was transferred to said Jet Airways and the said airlines has issued E-tickets upon receiving the said amount. Hence due to the cancellation of the flight, the jet airways has to refund the amount and since they are only facilitators in booking the tickets, they are not to liable to refund the amount whereas they can only help the complainants to get the refund.  Complainant is in wrongful assumption that OP-1, 2 and 3 are liable to refund the amount paid towards cancellation of the flight.

6.     It is contended that, as per Rule 133A of the Aircraft Rules and Ministry Civil Aviation order No. AV 13030/105/2007-DT 12.05.2008 and as per the direction of the director general of Civil Aviation Government of India, which has categorically stated and mandated that in case of purchase of ticket through travel agent. Portal, onus of refund shall lie with the airlines as agent or their appointed representatives and that airlines shall ensure the refund process completed within 30 days. In view of this the airlines i.e. Jet Airways has to refund the tickets. In view of this, denying all the allegations made in each and every para against them prayed the commission to dismiss the complaint.

7.     In order to prove the case, both parties have filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Parties?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

8.     Our answers to the above points are:-

POINT NO.1 :        In the Affirmative.

POINT NO.2 :        Partly in the Affirmative.

                                For the following.

REASONS

POINT No.1:-

9.     On perusing the complaint, version, documents, evidence filed by the both the parties, it is not in dispute that, the daughter of the deceased complainant Priyadarshini booked two tickets through OP-1 to 3 for a trip to Singapore with OP-4’s Jet Airways. The booking of the tickets was done on 09.02.2019 by receiving a sum of Rs.35,517/- and the flight was to commence on 20.06.2019.

10.   It is also not in dispute that, the said flight got cancelled and the Jet-airways authorities informed the complainant as well as his daughter. It is also not in dispute that, after the cancellation the complainant and his wife got disappointed as they could not go to Singapore to attend the anniversary function of their daughter Smt.Priyadarshini. It is also not in dispute that, the OPs did not refund the  amount received for booking the tickets. Ex P2 is the air tickets details and the payment details and Ex P3 is the email intimation to the complainant wherein it is mentioned from the Jet Airways authorities “Your jet airways flight mentioned below has been cancelled. We regret the inconvenience caused and apologies same. You are eligible for applicable, partial refund for the unutilized part of your itinerary. To apply, please click here”.

11.   Ex P4 is the letter dated 19.11.2019 written by OP stating that, “Please be informed that are validating with the airlines for your refund. Once we receive the refund from the airline we would be able to initiate the same our end. You will be intimate either by call/SMS or mail on your registered number on email address once we initiate the refund.”  Ex P5 is the copy of the legal notice and Ex.P6 is the reply given by the OPs-1 to 3 reiterating the same contents.  There it is mentioned that, the booking was made at their end.  As per the widely reported press statement Jet Airways has been placed into bankruptcy protections as of 20.06.2019. As a result any refunds will now get processed as per the directions of National Company Law Tribunal (NCLT).  “As per the latest update from International Air Transport Association which is a trade association representing world’s airlines, it continuous to work with the airline to manage the claim process but expects a delay given bankruptcy filing.  Refund may take more time now to get processed. we are trying to our best to contact the concerned authorities for the refund of the entire amount and would like to assure you as soon as the refund amount is received from the Jet Airways the entire refund amount as applicable in your case will be duly refunded.” When this reply is taken into consideration, the contention raised in the version that, they are only the facilitator providing facility to book the ticket and not liable to refund the amount is an afterthought one and just a reason made out to wriggle out their responsibility. If the airline was to refund the amount only then there was no necessary for the OPs-1 to 3 mention the same as narrated above. In view of this, we are of the opinion that, OP-1 2, 3 and 4 are jointly and severally liable to refund the amount of the ticket i.e. Rs.35,517/- to the complainant.  Not refunding the amount amounts to deficiency in service and also unfair trade practice and hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2

12.   In the result, complainants are entitle to get refund of Rs.35,517/- along with interest at 18% per annum from the date of intimation of the cancellation of the flight to Singapore i.e. on 18.04.2019.  Further OPs made the complainants to wait inordinately for refunding the amount for which complainants have undergone mental strain and agony and also stress, for which, we direct OPs to pay a sum of Rs.25,000/- towards damages  and Rs.10,000/- towards litigation expenses. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and  pass the following:

ORDER

1. The complaint is partly allowed with cost.
2. OP-1,2,3 and 4 are jointly and severally hereby directed to refund a sum of Rs.35,517/- to the complainants along with interest at 18% per annum from the date of intimation of the cancellation of the flight to Singapore on 18.04.2019 till the date of payment of the said amount.
3. Further OP-1, 2, 3 and 4 are hereby directed to pay Rs,25,000/- towards damages and Rs.10,000/- towards cost of the litigation expenses to the complainant.
4. OP-1, 2, 3 and 4 are hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
5. Complaint against OP-5 is hereby dismissed.
6. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 07^th day of MARCH  2022)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Death certificate of A Vijay Kumar Gupta.

Ex P2: Copy of the payment invoice/booking details.

Ex. P3: Copy of the email correspondences.

Ex P4: Copy of the refund status enquiry.

Ex P5: Copy of the legal notice.

Ex P6:Copy of the reply.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Rohini Rajagopal, Authorized Representative of OP-1 to 3.

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Copy of the Resolution passed by the board to represent the board before the commission.

Ex R2: Copy of the Circular issued by BGCA in respect of refund of Airline ticket to passengers.

Ex R3: Copy of the User agreement

MEMBER                        PRESIDENT

RAK*