ORDER

SMT.SHARAVATHI S.M.  MEMBER

1.     This complaint is filed by the complainant under Section 35 of Consumer Protection Act 2019, against the Opposite Party (herein referred in short as OP) alleging the deficiency in service in not refunding the ticket amount to Rs.42,060/- due to the cancellation of the flight and also not paying Rs.1,41,825/- being the amount spent to purchase fresh air ticket in order to go to San-Francisco to Bangalore and also pay compensation of Rs.50,000/- for undergoing mental agony and strain due to act of OPs and for pass such other relief as this Hon’ble Commission deems fit.

2.     The brief facts of the complaint are; the complainant’s son booked air ticket in order to go to Bangalore to San Francisco in flight No.6SE9N8 being operated by OP. The tickets were booked through OP on 21/04/2021 and the journey date was on 12/08/2021  and the flight to take off @ 03:05 am. On 01/07/2021 OP informed him that Lufthansa had cancelled the Bangalore to Frankfrut/san Diego flights due to Covid situation. OP did not refund the booking amount. Afterwards fresh ticket was booked by the complainant’s son Vinayak Kumar on 08/08/2021 on United Airlines by paying  a sum of Rs.1,49,275/-. He took loan of Rs.1,50,000/- in his wife’s name by using HDFC credit card. OP not refunded the ticket amount. After several request, OP informed that he had booked only a small sectors from San Diago to San Francisco of one hour Flight, and since that was not cancelled, by Via.com, no refund  for that sector was not possible, while the "LONG HAUL TRAVEL" of almost 23 hours from Bangalore to Frankfurt to Via.com since cancelled should have refunded the ticket amount. OP did not rescheduled  their ticket for several months  and inform that the travel agency is not assisting with refund. Travel agency ought to have requested and should have submitted for ticket refund by the agency from where the ticket purchased. The found the said act of OP has caused complainant to great loss and damage besides tension and inconvenience and loss of value of money. Hence this complaint.                

3.     Upon service of notice, OP remained absent and placed exparte.

4.     In order to prove the case, the complainant filed his affidavit evidence along with the copies of the documents. Heard the argument of the complainant. The following points arise for our consideration:-

1. Whether the complainant has proved deficiency in service on the part of the Opposite party?

2. Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO 1: In the Affirmative.

POINT NO 2: Partly in the Affirmative

                     For the following:-

REASONS

POINT NO 1:

6.     On perusal of the affidavit evidence and documents produced by the complainant, it becomes clear that the complainant for his son purchased an Air Ticket for his travel on 12/08/2021 from Bangalore to San Francisco by paying Rs.42,063/- for which he used his credit card and agreed to pay the same in monthly instalments.

7.     On 01.07.2021 through an email the Lufthansa Airlines intimated the complainant regarding cancellation of the flight and the complainant requested for reschedule of the flight on the same ticket between 07.08.2021 to 12.08.2021 which was not acceceeded by the OP nor the airlines and the amount was not refunded. Complainant had to borrow money from the bank to purchase the fresh ticket by paying Rs.1,41,825/-

8.     Under the above circumstance, it is the case of the complainant that OP has to refund Rs.42,063/- being the value of the ticket for the flight from Bangalore to San Fransisco in Lufthansa Airlines which cancelled the flight. 

9.     It is also admitted that due to prevailing pandemic, the OP could not conduct the airline operation as there were international restrictions for the movement of the flights. When such being the case, through OP informed and cancelled the flight, OP did not respond positively for reschedule and did not refund the amount.

10.   Complainant has filed the refund policy of the airlines wherein upon the cancellation of the flight by the airlines, the entire amount has to be refunded though the travel agent through whom the complainant has purchased the ticket.

11.   Upon perusing the email correspondences it becomes clear that OP did not refund the amount inspite of the policy of the airlines to refund the entire amount. In fact due to cancellation of the flight, the allegation by the complainant is that OP was not at all helpful in claiming the amount from the airlines.

12.   It is the duty of the OP who has booked the ticket for the son of the complainant to initiate refund of the amount paid towards the ticket and to pay the same without any deduction as it is the decision of the Lufthansa Airlines to cancel the flight and it is not due to the act of the complainant or his son. Hence there is deficiency in service on the part of OP in not refunding the amount paid i.e. Rs.42,063/-. Hence we answer POINT NO 1 IN THE AFFIRMATIVE.

POINT NO.2

13.   In the result, OP is liable to refund a sum of Rs.42,063/- along with interest at 12% p. a on the same amount from the date of cancellation of the flight i.e. 12.08.2021.

14.   Complainant has sought refund of Rs.1,41,825/-  being the amount paid by him to purchase fresh ticket for the journey of his son. He has not produced either the ticket or the receipt for having paid the said amount nor the journey details of his son having travelled all the way from Bangalore to San Francisco. In the absence any evidence in that respect, we are not agreeable to order OP to pay the said sum of Rs.1,41,825/-. 

15.   Due to the negligent attitude and delay tactics of OP, complainant is made to suffer in not getting the refund of the amount. Definitely he has suffered mental stress, strain and agony for which, we direct OP to pay a sum of Rs.10,000/- as damages  and Rs.5,000/-  towards litigation expenses as act of OP made the complainant to approach this commission by spending his time, money and energy besides paying professional fee to advocate. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and to pass the following:

                                   ORDER

1. Complaint is allowed in part with cost.
2. OP i.e. VIA.com/CBIX Travels Pvt Limited represented by its Managing Director/Authorized Signatory is hereby directed to pay a sum of Rs.42,063/- to the complainant along with interest at 12% per annum on the same amount from the date of cancellation of the flight i.e. from 12.08.2021 till date of payment of the entire amount.
3. OP is further directed to pay Rs.10,000/- towards damages and Rs.5,000/- towards litigation expenses to the complainant.
4. OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.            

   Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 04^th day of MARCH 2022)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Details of email correspondences.

Ex P2: Copy of the Cancellation policy.

Ex P3: Copy of Credit card statement.

Ex P4: Copy of the ticket details.

Ex P5: Copy of the statement from the bank.

Ex P6: Copy of E-ticket itinerary.

Ex P7: Copy of purchase summary in respect of purchasing the ticket.

Ex P8: Email Correspondences.

Ex P9: Copy of rejection of refund by OP.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil -

Copies of Documents produced on behalf of Opposite Party/s

- Nil -

MEMBER                PRESIDENT

RAK*