Chandigarh

DF-II

CC/727/2019

Kanisth Ganeriwala Advocate - Complainant(s)

Versus

Paytm - Opp.Party(s)

D.N. Ganeriwala Adv. & Sukhveer S. Khillianwali Adv.

28 Feb 2020

ORDER

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

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Consumer Complaint  No	:	727 of 2019
Date  of  Institution	:	08.08.2019
Date   of   Decision	:	28.02.2020

 

 

 

 

Kanisth Ganeriwala, Advocate, aged 32 years, s/o D.N.Ganeriwala, R/o H.No.323, Advocate’s Enclave, Sector 49-A, Chandigarh.   

                               …..Complainant

Versus

Paytm, through its Chief Executive Officer, C/o One97 Communications Limited, B-121, Sector 5, Noida 201301, Uttar Pradesh

                          ….. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                 

 

For Complainant :    Complainant in person.

For OP          :    Sh.Puneet kakkar, Advocate

 

  

PER PRITI MALHOTRA, MEMBER

 

            Succinctly put, the complainant on 4.3.2019 through the website of OP i.e. Paytm.com booked 3 air-tickets of Jet Airways for onwards & journey Chandigarh - Bangkok , Bangkok – Chandigarh respectively for himself & his family members for 12.6.2019 & 26.6.2019 respectively. It is averred that the complainant paid an amount of Rs.60,609/- through Paytm Wallet including charges of convenience fee’ of Rs.2097/- paid for the purposes of facilitating the booking of flight tickets (Ann.C-1). Averred that the said flight was cancelled by Jet Airways due to operational reasons on 18.4.2019 and a mail/message was sent to the complainant to claim refund of tickets directly from the travel agent from where the tickets were booked (Ann.C-2). The request of complainant for refund of ticket amount on account of cancellation of flight has duly admitted and acknowledged by OP vide Ticket No.119619907 & 119745084 dated 18.4.2019  (Ann.C-3). It is averred that the complainant also made number of telephone calls on the helpline number of OP, but despite of all, no refund has been credited back to his account. A legal notice has also been sent to the OP on 16.7.2019, but to no avail (Ann.C-7). Hence, this complaint. 

 

2]       The OP has filed reply stating that the complainant had purchased flight tickets from Jet Airways through the Online Platform of Paytm being provided by it. It is stated that Jet Airways was responsible for operation and maintenance of its airlines and was liable to refund its customers in case of cancellation of its flight.  It is 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 and hence this Forum does not have jurisdiction to entertain the present suit as Hon’ble National Company Law Tribunal has already appointed Interim Insolvency Professional for Insolvency of Jet Airways (Ann.OP-2).  It is submitted that OP raised the concern with IATA (International Air Transport Association) upon which the OP 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 (Ann.OP-6).  It is also submitted that since with the current ongoing bankruptcy proceedings against Jet Airways, that Jet Airways went on to cancel all its operations/flights, the refund also stays pending from Jet Airways.  It is further submitted that the OP acts as an intermediary, can only raise a refund request on behalf of the complainant, which it rightfully did and await 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 is pleaded that the claim of the complainant lie only against Jet Airways and the OP has only been added as performa party to this complaint. Denying all other allegations and pleading no deficiency in service, the OP 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 perused the entire record.

 

5]       The facts of the complaint in hand are altogether admitted on account of booking of the flight of Jet Airways on 4.3.2019 by the complainant and his family members for onwards journey from Chandigarh - Bangkok & return for dated 12.6.2019 & 26.6.2019 respectively, through the website of OP/Paytm.com.  It is also undisputed that the payment of an amount of Rs.60,609/- was paid through Paytm Wallet including charges of convenience fee of Rs.2097/- for the purposes of facilitating the booking of flight tickets (Ann.C-1). It is admitted fact that the said flight was cancelled by Jet Airways due to operational reasons on 18.4.2019 and a mail/message was sent to the complainant to claim refund of tickets directly from the travel agent from where the tickets were booked (Ann.C-2). The non-receipt of refund from the OP despite repeated requests supplied cause of action to the complainant to file the present complaint. 

 

6]       Contrary, the OP shunning off its liability vide its reply shifted the burden on the Jet Airways claiming that the Jet Airways stopped operation of airlines and cancelled all its flights and is undergoing insolvency proceedings under Insolvency and Bankruptcy Code, 2016 and Hon’ble National Company Law Tribunal has already appointed Interim Insolvency Professional for Insolvency of Jet Airways.  The OP claimed that the refund if any is to be made, is the liability of Jet Airways.  It also claimed that to help out the complainant, it raised the concern with IATA (International Air Transport Association) and received a letter from IATA stating that it 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 and the same will be refunded when the Insolvency process shall be completed as per the process specified in Insolvency and Bankruptcy Code, 2016.

 

7]       The contentions putforth by the OP are not favourable enough as the booking in question has purely been made through it being the agent of Jet Airways of which the bookings were made.  Moreover, the Jet Airways vide emails dated 19.4.2019 & 23.4.2019 (Ann.C-2) has informed the complainant to connect with the travel agent for refund.  The record reveals that while booking the air tickets in question, the complainant has also been charged with good amount on account of convenience fee/charges, which the complainant paid only for the hassle free services, may it be concerned to undergo the journey or for any refund in case of any untoward incident, which in the present case is the cancellation of flight and refund thereof. Hence, the deficiency in service on the part of OP is writ large. 

    

8]       Taking into consideration the facts & circumstances of the case and discussion, as aforesaid, we allow the present complaint with direction to the OP to refund an amount of Rs.60,609/- to the complainant.  The OP is also directed to pay a compository amount of Rs.10,000/- to the complainant towards compensation for causing mental agony & harassment as well as litigation expenses.

         This order shall be complied with by the OP within a period of 30 days from the date of receipt of its copy, failing which the OP shall also be liable to pay an additional compensatory amount of Rs.10000/-, apart from other relief. 

         Certified copy of this order be sent to the parties, free of cost. File be consigned to record room.

Announced

28^th February, 2020                         

                                                                             Sd/-             (RAJAN DEWAN)

PRESIDENT

         

 

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER