3/17/23, 8:33 PM Cause Title/Judgement-Entry

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Complaint Case No. CC/25/2020
( Date of Filing : 07 Oct 2020 )
 
1. Nirupam Banerjee
House No.29, Ramkrishna Sarani, Sonai Road
Cachar
Assam ...........Complainant(s)
Versus
1. Goibibo.com, Represented by its Managing Director
19th Floor, Tower, A, B and C, Epitome Building No.5, DLF
Cyber City, Phase III, Haryana
Haryana
2. Goibibo Corporate Office, Represented by its Manager
5th Floor, Good Earth City Centre, Sector 50, Gurugram-
122018, Haryana
Haryana ............Opp.Party(s)
 
BEFORE: 
  HON'BLE MR. JUSTICE Sri Samarjit Dey PRESIDENT
  Kamal Kumar Sarda MEMBER
 
PRESENT:
 
Dated : 18 Jan 2022
Final Order / Judgement
JUDGMENT  AND  ORDER

                                             

                                        The present case  has arisen from a complaint petition filed by  one
Shri Nirupam Banerjee of Sonai Road,  Silchar-6  stating the facts that on 25/03/2020  the
complainant had booked  a ticket in Indigo Flight no.-6E958 vide  PNR  No.- ZWDF2K from
  O.P. /Respondent agency   namely Goibibo.com for a journey from Silchar to  Kolkata on 
28/04/2020.  Subsequently the complainant had booked a return ticket in Indigo Flight bearing
Flight no.-6E433 vide PNR  No.-CJY2UJ  from the same respondent agency for journey from
Kolkata to Silchar on 01/05/2020.  At the time of purchase  of ticket the complainant  paid Rs.
4733/- through his bank account.  Further version of the complainant is that due to nationwide
lockdown for Covid-19 pandemic the flights in which he was scheduled to travel got cancelled. 
The complainant was intimated by the Indigo through email message about the cancellation of
flight and also he was told that the refund procedure will be done by the Booking Agency  i.e., 
Goibibo.com.   According to the complainant on 12/04/2020 and 15/04/2020 he contacted with
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the Goibibo. Com for refund of ticket money but he got no response.  Thereafter on 12/08/2020
when he contacted with the Indigo Airlines then they stated that the refund of booking from one
Agency shall be refunded by the same Agency.  It is stated by the complainant that the
respondent wilfully and deliberately has not refunded his ticket money and thus there has been
deficiency in providing service to him.  For that the complainant has suffered loss and damages. 
  The complainant has, therefore, prayed for passing reliefs for refund of Rs.4733/-  being 
purchase money of ticket alongwith interest @20% per annum,  compensation of Rs.25,000/-
for mental agony and  cost of the proceeding. 

                                           On behalf of both the Opposite Parties joint written statement has
been submitted in the case wherein it is stated that the O.P.  No.-1 merely acts as a facilitator for
booking the confirmed air tickets on behalf of the customers with the concerned service
providers.  That the answering O.P.  upon the request received from its customer forwards the
same to the concerned Airlines through softwares embedded on its web-portal and upon
receiving the confirmation from concerned service providers, the  booking i/d is generated and
confirmed tickets  is shared with the customer.  It has been claimed that as a facilitator O.P. 
Ibibo has no control or authority over the logistics of the airlines and therefore is not liable for
any loss, direct or incidental that a user may incur due to any change or cancellation of flights.
  It is further stated that refund of money of tickets is processed as per the airline fare rules and
cancellation policy. Such refund shall be subject to Ibibo receiving the same from the airlines.
According to the O.Ps., once the confirmed ticket is issued to the customer, the O.P. No.-1 is
discharged from  its obligations and  liabilities.  It is stated that the O.P.  No.-1 has sought for
refund from the Indigo Airlines regarding complainant’s ticket.  As such, according to the O.P., 
no deficiency in services  can be attributed to the O.P.  No.-1. However it has been stated by the
O.Ps. that after  the  order  dated 01/10/2020 passed by the Hon’ble Supreme Court and the
guidelines issued by the DGCA the Airlines acknowledged   its liabilities and refunded the 
amount to the answering  O.P. and the O.P. is willing to refund the same to the complainant . 
According to the O.P., the actual liability of refund is of the  Airline and  when the ticket is
booked through the  Agent , the Agent shall only be liable to  refund the booking amount  upon
receiving the same from the concerned Airlines.  As such in the present case the answering O.P. 
can not be held liable for the same. It is further claimed by the answering O.P. that the present
complaint is liable to be dismissed for non-joinder of necessary party i.e., Indigo Airlines.  It is
accordingly prayed for dismissal of the case with costs.

    

                                    In support of the case the complainant has submitted his evidence on
affidavit as PW-1 and has also exhibited some documents.  On the other hand, from the side of
the answering O.P. evidence of one witness by way of affidavit has been furnished.  Perused the
evidence on record and the relevant papers.  Also perused the written argument of the parties.  In
addition we have heard oral argument put forward by the learned counsel for the respective
parties.

                                          In his evidence as  PW-1 the complainant has stated that  he booked a
ticket ( Ext.-1 ) in Indigo Flight bearing flight no.-6E958 vide PNR  no.-ZWDF2K on 25th day
of March’2020  from  respondent nos.-1 & 2  agency  i.e.,  Goibibo.com for a journey from
Silchar to  Kolkata on 28/04/2020.     He also booked  a return  ticket ( Ext.-2 )  from
respondent’s agency  i.e.,  Goibibo.com in Indigo  Flight bearing Flight no.-6E433 vide PNR 
no.-  CJY2UJ  from  Kolkata  to  Silchar on 04/4/2020.   PW-1 has further stated that due to
nationwide lockdown declared by the Govt. of India for pandemic of Covid-19 alongwith  other
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flights  his flight  also got cancelled and  the message of cancellation was sent to his email.  PW-
1 has also claimed that the Indigo Flight intimated to him that the refund money will be
provided by the respective ticket agency i.e., the respondent.  PW-1 has exhibited the  said email
 as  Ext.-3 .  It has been averred by PW-1 that on 11/04/2020 and thereafter on several dates he
requested the respondent for refund of ticket money but he got no response.  When contacted the
Indigo Airlines informed him that they have already sent the money to the respondents who will
refund the same to him.  As, according to PW-1, no money was refunded so he issued legal
notice to the respondents for refund of ticket money. 

                                    That the  complainant ( PW-1 )   booked two flight tickets   in Indigo
Airlines from  O.P./Respondent  Goibibo .com  for journey from Silchar to Kolkata and back
and that both the said flights  subsequently got  cancelled due to the declaration of  lockdown 
for  Covid-19 pandemic  these facts are not in dispute in this case as reveals from the evidence
adduced by the  O.P. side as well as from their written statement.   In the evidence it has been
claimed that the O.P.  No.-1 acts merely as a facilitator for booking confirmed air tickets and
they are not responsible for the refund of ticket money.   However in the evidence it has been
further stated that the O.P.  No.-1 is willing to settle the matter by refunding the complete
amount paid by the complainant i.e., Rs. 4733/- .  On the other hand,   from the papers available
on record it reveals that the O.P. no.-1 is responsible for refund of ticket money of the
complainant and for getting the said money back the complainant also took steps and even for
that he issued legal notice.  Thus, the activities of the O.P. no.-1 clearly indicate the deficiency
of service towards the complainant.  Under the circumstances we are of the considered opinion
that the complainant is entitled to get relief in the case.

                                       In view of the above, it is ordered that the O.P. No-1/Respondent No.-1
shall pay an amount of Rs 4733/- ( Rupees four thousand seven hundred thirty three ) only to the
complainant  being the refund of ticket money.  In addition the O.P. No.-1 shall pay to the
complainant an amount of Rs. 2,000/- (Rupees two thousand) only towards   compensation for
mental agony, pain and sufferings and   further amount of Rs.3000/- ( Rupees three thousand ) 
for litigation expenses.  The entire amount shall be payable within a period of  45 (forty five )
days  from today in default interest @ 9% per annum shall be accrued on the amount from today
till payment.

                                     With the above relief the case of the complainant stands allowed on
contest against O.P. No.-1/Respondent No.-1.  However the case stands dismissed against O.P.
No.-2.

                                     Given under the hand and seal of this commission on this 18th day of 
January’2022.

                                     Furnish certified copy of judgment to the parties free of cost.             
 
 
[HON'BLE MR. JUSTICE Sri Samarjit Dey]
PRESIDENT
 
 
[ Kamal Kumar Sarda]
MEMBER
 

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