Chandigarh

DF-II

CC/382/2017

Dr. Yashpaul Sharma - Complainant(s)

Versus

InterGlobe Aviation Limited (Indigo) - Opp.Party(s)

Gaurav Bhardwaj Adv.

17 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	382 of 2017
Date  of  Institution	:	28.04.2017
Date   of   Decision	:	17.08.2017

 

 

 

 

Dr.Yashpaul Sharma, resident of H.NO.8-HI, PGI Campus, Chandigarh.      

             …..Complainant

Versus

InterGlobe Aviation Limited (Indigo) Level 5, Tower-D, Global Business Park, MG Road, Gurgaon, Haryana, 122002 India, through its Managing Director

                          ….. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

                                MRS.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

 

Argued by: Sh.Gaurav Bhardwaj, Adv. for the complainant.

 Ms.Jasdeep Kaur, Adv. for the OP

 

 

PER RAVINDER SINGH, MEMBER

 

 

         The facts in issue are that the complainant, a Professor & Head, Department of Cardiology, Advanced Cardiac Centre, Postgraduate Institute of Medical Education and Research, Chandigarh, booked four air tickets for 3.4.2017 for flight No.6 E 356 in Indigo airline for himself, his wife Ms. Anita Sharma, Ms. Asmita Sharma (daughter) and Master Ayushya Sharma (son) vide Annexure C-1 for travelling from Jaipur to Chandigarh on 20.3.2017 on payment of  Rs.10,696/- through credit card (Ann.C-2.). It is averred that the son of the complainant suddenly fell sick while at Jaipur and as such the complainant alongwith his family was compelled to pre-pone his visit to Chandigarh for 29.3.2017.  It is also averred that the complainant in exigency of official work as well as sickness of his son travelled from Jaipur to Chandigarh on 29.3.2017 and the airline tickets for 3.4.2017 were got cancelled on 2.4.2017. It is submitted that the complainant  took up the matter with Opposite Party for refund of booking amount of Rs.10,696/- but it merely refunded Rs.1996/-.  It is also submitted that the OP illegally without any logic and reason confiscated the amount of Rs.8700/- (10,696-1996) whereas the cancellation of flight was made on 2.4.2017 at 4:43 pm. for flight number 6E 356 dated 3.4.2017 to be departed at 12:30 meaning thereby the booking was cancelled 19:45 hours earlier. It is further submitted that as per rules  conveyed vide letter dated 4.4.2017 (Ann.C-3) formulated by OP, for cancellation of flights two hours before scheduled departure, no cancellation fee is (no show charges) for booking w.e.f. 1.4.2016 onwards are levyable and in this way, the complainant is not liable to pay any cancellation charges as deducted by the OPs.  It is stated that deduction of Rs.8700/- by the Opposite Party on the pretext of cancellation fee is illegal and amount to unfair trade practice as well as deficiency in service on the part of the OP.  Hence, this complaint has been filed.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that the booking made by the complainant was governed by certain terms & conditions of carriage known as IndiGo Conditions of ‘Carriage-Domestic’.  It is stated that as per Article 5.3 of CoC (Ann.R-2), if a booking is cancelled upto 2 hours before the scheduled time of departure of the flight, passengers shall be eligible for a refund of the residual booking amount after deduction of the applicable cancellation fee.  It is also stated that the complainant on 2.4.2017 telephonically requested the cancellation of all four air tickets booked by him and accordingly, the complainant’s booking was cancelled and an amount of INR 1996/- was refunded to the complainant after deduction of INR 2025/- per passenger plus INR 150 convenience fees per passengers.  It is submitted that the Opposite Party via e-mail dated 8.4.2017 clarified that the refund for cancellation of the complainant’s booking had been made in accordance with the IndiGo CoC (Ann.R-3). Denying rest of the allegations and pleading no deficiency in service, the Opposite Party has prayed for dismissal of the complaint.  

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have carefully examined the facts and pleadings along with entire evidence on record.

 

5]       Admittedly, the complainant requested the Opposite Party for cancellation of the air-tickets from Jaipur to Chandigarh for flight on 3.4.2017 due to exigency of his services at his work place i.e. Post Graduate Institute of Medical Education & Research, Chandigarh.  The booking was cancelled 19:45 hours prior to the booked flight in question.  As per terms & conditions applicable herein, no cancellation charges are leviable, if the request for cancellation of flight is made 2 hours before the scheduled departure (Ann.C-3).

 

6]       The Opposite Party in its reply has failed to produce any instructions or rule vide which they are entitled to deduct Rs.8700/- out of total fare of Rs.10,696/- paid by the complainant for four air tickets of his family members.

 

7]       As per Conditions of Carriage (Domestic) (Ann.R-2 Page/17), change/cancellation of flight is allowed till 2 hours before the departure of the flight and for change/cancellation done even 2 hours before the departure of the flight, no show chares are applicable.

 

8]       The complainant has cancelled the air tickets much before the given time, as permissible for cancellation of the air tickets and as such entitled to get reimbursement of full fair i.e. Rs.10,696/- paid by him for booking of air tickets for himself, his wife Mrs.Anita Sharma, daughter Ms.Asmita Sharma and son Mr.Ayushya Sharma. 

 

9]       The complainant is an Eminent Doctor, Professor & Head, Department of Cardiology, Advanced Cardiac Center, Postgraduate Institute of Medical Education & Research, Chandigarh, and is a world famous Cardiologist.  The complainant had to cancel the flight from Jaipur to Chandigarh due to emergency professional call from his institute at Chandigarh as his presence was immediately required here.  The attitude of the OP-IndiGo Airlines in treating a High Ranked Professional with such a disgustful commercial perspective in view by turning down his genuine request for reimbursement of the money, which he had paid to it, is highly condemnable and cannot be acquiesced.  The Opposite Party definitely in the present case suffers deficiency of service and rather indulged into an unfair trade practice dealing with this issue regarding reimbursement of fare. 

 

10]      Keeping in view the facts & circumstances in the present case, the complaint is allowed with directions to OPs to pay back Rs.8700/- along with compensatory cost of Rs.10,000/- and litigation cost of Rs.5000/- to the complainant within a period of 30 days from the date of receipt of copy of this order.

         If the order is not complied with by the Opposite Party within the above stipulated period, the Opposite Party shall also pay additional compensatory cost of Rs.20,000/-.

         The copy of this order be forwarded to the parties and file be consigned to record room.

Announced

17^th August, 2017

                              

                                            Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

                                                          Sd/-

(RAVINDER SINGH)

MEMBER