Date of Filing:31.03.2021

Date of Disposal:31.03.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI CHANDRASHEKAR.S.NOOLA,

 MEMBER

1. This complaint is filed by the complainant under the consumer Protection Act 2019. The complainant prays for the release of a refund of the amount of Rs.84,366/- with interest for 23 months from the opposite party.

2.   The following are the complaint's key facts: 

The complainant had purchased two return flight tickets for himself and his wife from Bangalore to London on 24th February 2019 by making payment of Rs.84,366/- through Paytm e-commerce company. On 18th April 2019 the complainant got an email from Jet Airways which said that the flight has been cancelled and applicable partial refund for the unutilized part of itinerary will be paid through travel agent. The complainant approached Paytm for refund of flight tickets. The Paytm replied to the complainant that they will refund as soon as Jet Airways release the money but so far the complainant has not received any amount even after lapse of 23 months.

3. The Opposite Party filed a reply and admitted the factual matrix of the case. It was stated that Jet Airways was responsible for the operation and maintenance of its airlines and was liable to refund its customers in case of cancellation of its flight. It was further stated that unfortunately, Jet Airways has stopped operation of airlines and cancelled all its flights and is undergoing insolvency proceedings under Insolvency and Bankruptcy Code, 2016.

4.  It was further stated that the OP-1 raised the concern with IATA (International Air Transport Association) upon which the Opposite Party received a letter from IATA stating that as per resolution process, IATA has raised its claim as a creditor before Interim Resolution Professional, which has been listed in the list of Creditors issued by Interim Resolution Professional, the same will be refunded when the Insolvency process shall be completed as per the process specified in Insolvency and Bankruptcy Code, 2016.

5. The Opposite Party, which is an intermediary, can only raise a refund request on behalf of the complainant, which it rightfully did and is awaiting further intimation from Jet Airways and IATA, hence any delay that has occurred is because the dues of IATA from Jet Airways are yet to be cleared. It was further stated that there is no deficiency in service on its part, and the Opposite Party had prayed for dismissal of the complaint.

6.  The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2.    What order?

7. The findings on the above points are as under:

Point No.1               :       Affirmative

Point No.2               :       As per final order

REASONS

8. POINT NO.1:-  The parties led evidence, in support of their case. Feeling aggrieved, the instant appeal has been filed by the Opposite Party. We have gone through the evidence and record of the case carefully.

9. The complainant made an amendment to this complaint by joining OP-2  in this case. The complainant in this case had paid an amount of Rs.84,366/- through Paytm Wallet for the purposes of facilitating the booking of flight tickets. The parties had admitted that the said flight was cancelled by Jet Airways due to operational reasons on 18.04.2019 and the message was sent to the complainant to claim refund of tickets directly from the travel agent from where the tickets were booked.

10. Further, OP-1 also mentioned that the Hon'ble National Company Law Tribunal has already appointed Interim Insolvency Professional for Insolvency of Jet Airways and a refund, if any, is to be made, is the liability of Jet Airways. The above contentions are not acceptable to this Commission. Since the tickets were booked through the Paytm portal in which the complainant has paid the cost of the ticket and therefore, we feel that the Opposite party is responsible for refund of the amount. In this situation, Section 2(1)(r) of the Consumer Protection Act of 2019 applies. Under the Act, a complainant can seek redressal from any person or entity involved in the supply of product or service. In this case the complainant made the payment for the air ticket through Paytm, which acted as an intermediary. Therefore, Paytm can still be held responsible for any deficiencies in the service provided by Jet Airways. For the reasons recorded above, we aswer point no.1 in the affirmataive.

11. POINT NO.2:- In the result, we passed the following:

                                     ORDER

1. The complaint is allowed.
2. The opposite parties are jointly or severely directed to refund Rs.84,366/- along with an interest of 6% from the date of payment made for purchase of air tickets till the date of refund of entire amount.
3. The opposite parties to comply this order within 45 days, failing which the complainant is at liberty to file a criminal case under section 72 of the consumer protection act 2019.
4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 31^st   March 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Sri Suresh Popatlal Vora-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit: Nil

Documents produced by the OPs: Nil
 

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*