BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 06^TH DAY OF MAY 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. Direct the OP to refund the entire amount of Rs.52,500/- with interest @ 18% per annum from refund process.
2. Cost of Rs.5,000/- towards expenses beared by me for the complaint.
3. Direct the OP to pay compensation of Rs.50,000/- for mental agony and harassment.
4. And to pass such other order or directions as deems fit.

2. The case set up by the complainant in brief is as under:-

The complainant contacted the OP company in order to book a family vacation to Leh-Ladakh between 8^th to 14^th July 2023. The total cost of trip was Rs.1,67,958/- and the complainant has paid an advance amount of Rs.60,000/- on 11.04.2023 and the complainant was supposed to pay the balance payment before 8^th June 2023.  

3. The complainant was informed by the OP that it is air inclusion trip which meant that the OP would take care of complainant’s air travel from Delhi to Leh and return to Delhi.  The OP has not shared the flight tickets and details of the flight operators for this air travel during booking.  During the first week of May the complainant has got a call from the OP through one Shashikumar who informed the complainant that the flight ticket for the complainant’s trip was booked with Go-first airlines which has now stopped operations. He has further suggested the complainant either to pay the difference amount to book new flights for the trip from other operators or the complainant can cancel this trip. The complainant confirmed the cancellation of the trip in the third week of May and asked the OP to process the refund of the advance amount.  

4. It is further case of the complainant that he was shocked to hear back that the OP will refund only Rs.7,500/- and will be holding back Rs.52,500/- as air charges till they receive their refund from Go-first airlines.  The complainant was extremely disappointed with the OP because they had never discussed their air operators details with the complainant until his cancellation. 

5. It is further grievance of the complainant that the OP are taking advantage of go-first airlines bankruptcy situation and trying to cheat this complainant.  It is immaterial to the complainant what credit arrangements OP with Go-first airlines. Since the OP had booked the air inclusive package without giving any information to the complainant since it is cancelled, the OP has to refund the entire advance amount without making the complainant to wait for the OP to get the refund from Go-first airlines. When the complainant has escalated the matter Mr.Shivashankar who is heading sales at OP company he did not even bother to respond to the complainant.  The OPs have never gave a satisfactory response or refund from them as expected.  The OPs have entirely stopped responding to the emails. Hence the complainant has filed this complaint.

6. In response to the notice, OP appears and files version. It is the case of the OP that the complaint is not maintainable since the complainant has suppressed the true material facts and has willfully made false allegations. There is no deficiency of service committed by this OP. There is no cause of action or a consumer dispute and hence the complaint is liable to be dismissed. The complaint is barred by non joinder of necessary parties. There are other three persons who had also been good along with the complainant and they are part of the tour and they have not been made as party.  

7. It is further case of the OP that the complainant has paid an advance amount of Rs.50,000/- which was the non refundable booking amount made in order to confirm their participation in the tour.  The OP does not control or operate any airlines or any airline company. At the time of booking the Go-airlines company was still in operation.  All of a sudden the airlines company cancelled their flight and also filed insolvency petition before the Hon’ble NCLT on 02.05.2023 which came to be allowed on 10.05.2023 and moratorium was ordered on the company by appointing an interim resolution professional. As a result of the OP any and all claims were stalled until the resolution process would be completed and the same is still going on.  

8. It is further case of the OP that while booking the tours they carefully quarts it in a manner in which all the tour related activities transport etc., as satisfied within the amount paid by the customers.  The choice of the airlines is usually that of the OP who ensure that a good airline is provided at a reasonable cost since the same is part of tour package. It is not only the complainant and his family were booked on this airline all the other tourists who had booked the said package had been booked on the said airlines.

9. After coming to know about the cancellation of flight this OP has immediately contacted the complainant and informed him about the same. It is also informed to the complainant that the refund of the air tickets from Go-air would come directly from airline company and not the OP since the airline does not belong to OP and the advance amount paid by the complainant has been used to book the air tickets the money which went directly to the airline company. This OP have refunded a sum of Rs.7,500/- to the complainant which was the service charge taken by the OP towards the booking of the tour etc., and informed the complainant that he will be obtained Rs.52,500/- from the airline company and further OP promised that it would facilitate the entire process.  Despite all these the complainant has filed this frivolous complaint without realizing that the OP was never at fault. If at all the complainant has a claim it is only against the airline company which has not even made as a party in this complaint.  This OP has no role to play. Hence OP prayed to dismiss the complaint.

10. The complainant has filed his affidavit evidence and relies on 7 documents.  Affidavit evidence of official of OP has been filed and OP relies on 04 documents.

11. Heard the arguments of advocate for the both the parties.    Perused the written arguments filed by both the parties.

12. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

13. Our answers to the above points are as under:

Point No.1:  Affirmative in part

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

14. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, version, affidavit evidence and written arguments filed by both the parties.
15. It is undisputed fact that the complainant booked a family vacation with Leh-ladakh with OP travels and the trip was scheduled for 8^th to 14^th July 2023. The total cost of the trip was Rs.1,67,958/- and the complainant has paid an advance amount of Rs.60,000/-.

16. It is also undisputed fact that the OP has informed the complainant that the air travel from Delhi to Leh and Leh to Delhi would be booked and organized by the OP.  It is the main grievance of the complainant that the OP has not shared the flight tickets and details of the flight operators for this air travel at the time of the booking.

17. It is also undisputed fact that the OP during first week of May has informed the complainant that the Go-first airlines in which the OP has booked the tickets have stopped the operations. They have also suggested the complainant either to pay the difference amount to book the new flight for the trip from other operators or to cancel the trip.  The complainant informed the OP for cancellation of the trip in the third week of May itself and instructed the OP to refund the advance amount. The OP has refunded only Rs.7,500/- and held back Rs.52,500/- and also informed the complainant that they will hold the money till they receive refund from Go-first airlines. Inspite of the repeated request by the complainant the OP have not refunded the remaining amount of Rs.52,500/-.

18. In support of his contention the complainant has relied on 7 documents. Ex.P1 is the holiday quotation. Ex.P2 is the booking confirmation and payment receipts, Ex.P3 is the follow up mail copies, Ex.P4 is the copy of the aadhar card, Ex.P5 is the copy of the tour quotation, Ex.P6 is the copy of the guidelines for filing claim.

19. On the other hand, the contention taken by the OP is that at the time of booking the said airline company was still in operation.  All of a sudden the airlines company cancelled their flights and also filed insolvency petition before the Hon’ble NCLT on 02.05.2023 which came to be allowed on 10.05.2023 and moratorium was ordered on the company by appointing an interim resolution profession. As a result of this situation all claims were stalled and till the resolution process would be completed and the same is still ongoing as on date. This OP is not an agent and it is not connected with the airline company in any manner. Apart from the complainant and his family other tourists who had booked this package they were booked on the said airline. This OP has clearly informed the complainant that the refund for cancelled air tickets will directly come from the airline company and not from the OP.  The OP has also promised the complainant that they would facilitate the entire process. If at all the complainant had a claim it had to be against the airline company and this complainant has not made the airlines company as a party in this complaint.

20. In support of their contention OP has also relied on four documents.Ex.R1 is the Authorisation letter, Ex.R2 is the copy of the receipt voucher, Ex.R3 is the copy of the payment voucher.

21. It is also clear from the evidence and the documents that the OP have received an advance amount of Rs.60,000/- as Ex.R2 and they have refunded only Rs.7,500/-. It is also not in dispute that the OPs have booked the package inclusive of air travel charges and they have not even shared the flight tickets or flight booking information to the complainant at any point of time.  When the complainant have no information regarding the booking of the air tickets by the OPs, and they have not even directly made any payment to the airline company. Admittedly the OP has made the payment towards booking charges.  

22. Under these circumstances, it is the duty on the part of the OP to made arrangements for refund of the balance amount of Rs.52,500/-.  The complainant cannot wait as per the instructions of the OP till the airlines company started making payments as per the order of the Hon’ble NCLT in Insolvency Petition filed by the airlines company.  The allegations made by the complainant that the OPs have booked the Go-first airlines in order to take advantage of the bankruptcy situation of the said airlines company and also trying to cheat the complainant cannot be accepted. When the booking was made by the OP the said airline company was still in operation. All of a sudden the said airlines company cancelled their flights and also filed insolvency petition before the NCLT and obtained an order immediately. Under these circumstances, the entire situation is not under the control of the OP travels.  When the OPs have booked the tickets it is their liability to refund the amount. The OPs have to made arrangements for refund of the amount. Under these circumstances, the OP is liable to refund the amount to the complainant.  Hence we answer point No.1 and point No.2 partly in affirmative.

23. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is ordered to refund the amount of Rs.52,500/- to the complainant with interest at the rate of 6% p.a., from the date of cancellation of flight till the date of realization and further directed to pay Rs.5,000/- towards litigations expenses to the complainant.
3. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 8% p.a. after expiry of 60 days on Rs.52,500/- till final payment.
4. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 06^TH day of MAY 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;