By: Sri. Sri. Mohamed Ismayil C.V., Member
The grievance of the complaint is as follows:-
1. The complainant approached the opposite party for availing a flight ticket for Saudi Arabia scheduled to fly on 15/07/2021. The opposite party demanded Rs1,86,800/- for the ticket flying via Delhi and Serbia as there was no direct flight available to Saudi Arabia during those days. The complainant was struggling to reach Saudi Arabia for the last two years due to covid-19 pandemic and so he warranted to take ticket on the price demanded by the opposite party. Even though complainant booked air ticket the opposite party did not provide route map, air ticket and other travelling documents to the complainant. The opposite party promised to hand over those documents at airport on the day of scheduled flight. There is a condition to produce covid-19 negative certificate after conducting RTPCR. The complainant remitted Rs1,86,800/- in four instalments comprised of Rs.45,600/-, Rs.45,600/-, Rs.45,600/- and Rs.50,000/-. But on 14/07/2017 when the complainant conducted RTPCR it was found that he was affected by covid-19 pandemic. Immediately he informed the result of the test to the opposite party. He could not travel to Saudi Arabia on 15/07/2021 as the result of RTPCR test labelled him covid-19 positive. Later the complainant approached the opposite party and demanded to refund the flight charge remitted for his journey. The opposite party given assurance to repay the same after 31/07/2021. On 06/08/2021 the complainant again contacted the opposite party demanding to refund the amount but the opposite party evaded from making payment on the ground of frivolous excuses. At the same time the opposite party refunded the flight charge to a passenger named Kunnathuparamban Kabeer who cancelled his scheduled journey on 15/07/2021 along with the complainant due to covid positive result of RTPCR test. The complainant demanded the opposite party to refund the amount for many times but he turned down. So the complainant submitted a complaint before Consumer Helpline and after getting advice he approached this Commission. The opposite party was liable to refund the entire amount to the complainant as he did not availed any facilities in connection with the de-scheduled trip. The act of opposite party is amounted as deficiency in service. The opposite party did not give any documents related to issuance of ticket or cancelation of ticket. So the complainant prayed for a direction to the opposite party to refund Rs.1,86,800/- to the complainant as the ticket charge remitted to opposite party. The complainant also prayed to pay Rs.50,000/- as compensation for the sufferings of mental agony and hardship. The complainant prayed for another Rs25,000/- as the cost of the proceedings.
[2] The complaint is admitted on file and issued notice to the opposite party. The opposite party appeared and filed version.
[3] The opposite party contented that complaint is not maintainable either in law or on facts. The opposite party denied content of the complaint except those portions of averments which are specifically admitted in the version. The opposite party admitted that the complainant approached him for a travel arrangement to Saudi Arabia scheduled to fly on 15/07/2021 and received the ticket fare as stated in the complaint. It is stated in the version that the opposite party had been making travel arrangements for the passengers to Saudi Arabia via another country as flights to Saudi Arabia directly from India got ceased due to the restrictions imposed due to covid-19 pandemic. So the opposite party was used to make arrangements for accommodations in another country for two weeks to break the journey directly from India to Saudi Arabia and entry into Saudi Arabia was strictly subject to negative test result of the RTPCR from mid way country. According to the opposite party the departure from India was also subject to the test report of the RTPCR with negative result. The opposite party contended that this kind of travel arrangements could be done only on a group travel basis to get best rate to assist the passengers travelling in the group. After availing consent of the complainant, arrangements were made to fly from Cochin to Delhi and Delhi to Serbia on 15/07/2021 and from Serbia to Saudi Arabia. It was stated in the version that the complainant was fully aware of the consequences if the RTPCR test was positive. It was contended by the opposite party that the complainant was informed of situation wherein cancellation of journey due to any reason happened from the side of the complainant would cause huge loss to the opposite party. So according to the opposite party, any refund of the ticket fare was subjected to deduction of charges including the service charge. It was alleged in the version that though the opposite party assured to refund the eligible amount and asked for bank account details but the complainant turned down in giving account details instead demanded the amount in cash. But due to income tax rules the opposite party was incapable of heeding the demands made out by the complainant. The opposite party stated that after making complaint in the Consumer Helpline portal he refunded eligible amount of Rs.1,26,600/- by transferring to the bank account of the complainant. According to the opposite party there was no liability existed towards the complainant as the eligible amount was already refunded on 23/08/2021. The opposite party further stated that the complaint was filed due to denial of cash refund and the complainant was under the impression of getting more money by way of compensation from this Commission. The opposite party contended that no claim can be allowed as prayed in the complaint.
[4] I.A. No 375/2022 was filed before the Commission to appoint a power of attorney for and behalf of the complainant to conduct the proceedings. The Commission allowed the application and power of attorney holder of the complainant filed affidavit in lieu of evidences and produced documents to support the contentions raised in the complaint. The documents produced from the side of the complainant marked as Ext. A1 to A5 documents. Ext A1 document is the copy of receipt dated 13/07/2021 [Txn- RC- 21-U13022-KTL] issued by the opposite party to the complainant showing the payment of Rs. 45,600/- to the opposite party. Ext A2 document is the copy of receipt dated 13/07/2021 [ Txn No. RC-21- U13021- KTL] issued by the opposite party to the complainant showing the payment of Rs. 45,600/- to the opposite party. Ext A3 document is the copy of receipt dated 13/07/2021 [ Txn No. RC-21- U13023- KTL] issued by the opposite party to the complainant showing the payment of Rs. 45,600/- to the opposite party. Ext A4 document is the copy of Test Report dated 14/07/2021 showing that the complainant was affected by covid-19. Ext A5 document is the copy of Whatsapp screenshot showing that the opposite party received Rs.50,000/- from the complainant.
The opposite party did not file affidavit to substantiate his contentions raised in the version.
[5] Heard the complainant. Perused affidavit and documents. The points arised for the consideration of the Commission are :-
[1] Whether the opposite party has committed deficiency in service towards the complainant?
[2] Relief and cost
[6] Point No. 1 and 2
It is stated by the complainant that on he approached the opposite party for availing flight ticket for Saudi Arabia scheduled to fly on 15/07/2021 and paid Rs 18,6800/- as ticket fare. The complainant produced Ext. A1 to A3 and Ext A5 documents to prove the payment made to the opposite party. Due to covid-19 pandemic, restrictions were imposed to take direct flight to Saudi Arabia. The opposite party made arrangements to fly via Delhi and Serbia to reach Saudi Arabia after complain covid-19 protocol prevailed in India and Saudi Arabia. But on 14/07/2017, when the complainant undergone RTPCR test, the result was found as covid positive. Ext A4 document produced by the complainant shows that he was affected by covid-19. The complainant could not travel to Saudi Arabia because of covid-19. According to the complainant he informed the matter and demanded to refund the ticket fare but the opposite party turned down. The complainant also alleged that no documents including air ticket were handed over to the complainant by the opposite party. According to the complainant no ticket was arrayed for the complainant. It has come out in evidence that the opposite party refunded Rs.1,26,800/- is only after the complaint is filed before this Commission. In the affidavit filed by the complainant it can be seen that he received Rs.1,26,600/- from the opposite party and prayed for balance amount of Rs. 60,000/-. There is no contra evidence adduced by the opposite party in this case. So the Commission finds that there is deficiency in service on the part of the opposite party and allows the complaint as follows:-
[1] The opposite party is directed to refund Rs 60,000/- to the complainant as the balance amount of ticket fare.
[2] The opposite party is directed to pay Rs 25,000/- to the complainant for the deficiency in service committed against the complainant.
[3] The opposite party is directed to pay Rs 5,000/- as the cost of the proceedings to the complainant.
The opposite party shall comply this order within 30 days from the date of receipt of this order otherwise the entire amount shall carry 9% interest per annum from the date of order till realisation.
Dated this 10th day of November, 2022.
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1to A5
Ext.A1: Copy of receipt dated 13/07/2021 [Txn No.: RC- 21-U13022-KTL] issued by
the opposite party to the complainant showing the payment of Rs. 45,600/- to
the opposite party.
Ext.A2: Copy of receipt dated 13/07/2021 [ Txn No: RC-21- U13021- KTL] issued by
the opposite party to the complainant showing the payment of Rs. 45,600/- to
the opposite party.
Ext A3: Copy of receipt dated 13/07/2021 [ Txn No: RC-23- U13023- KTL] issued by
the opposite party to the complainant showing the payment of Rs. 45,600/- to
the opposite party.
Ext A4: Copy of Test Report dated 14/07/2021 showing that the complainant was
affected by covid-19.
Ext A5: Copy of Whatsapp screenshot showing that the opposite party received
Rs.50,000/- from the complainant.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
VPH
