Consumer forum directs Spicejet to refund couple ticket amount for ‘deficiency in service’

A complaint was filed by a Chembur-based elderly couple, who had booked two airline tickets for a flight from Mumbai to Bangalore on July 1, 2020, costing Rs 13,696. On June 27, 2020, they received an email from the airline that the flight has been cancelled due to security reasons.

Another email two days later informed them that they will receive credit for the tickets and they can book tickets till January 31, 2021, through it. The complainant informed the airline that they were not looking at traveling in that period and sought for a refund. The airline in an email responded that they will initiate the refund process and sought their bank details.

Thereafter, there was no refund. The couple then approached the nodal officer and again were informed by the airline in January 2022, which sought a cancelled cheque from them to initiate refund.

When they did not receive refund, the couple approached the consumer forum. The airline opposed the couple’s plea stating that they were constrained to cancel flights due to the Covid-19 pandemic. These circumstances were beyond its control and as per guidelines of the Supreme Court and the DGCA, credit was given to the couple, the airline argued stating that it was not liable to pay refund. The airline also said they had tried to refund the amount but the transaction did not go through as the account details were incorrect.

The commission said the complainants had shown bank statements for that period which showed the account as active. It also said that the airline had not filed any evidence of the failed transaction.

Further, the commission said that emails showed that the airline was willing to refund the amount.
“…we are of the view that the opponent (airline) is reluctant to refund the ticket booking amount staging vague and unreasonable excuses. Hence, the opponent should refund the ticket booking amount of Rs.13,696/- with interest to the complainants,” the commission said.

It said the airline’s reluctance to pay the refund can be considered deficiency in service. It directed Rs 10,000 to be paid to the couple for mental agony caused and Rs 5000 towards cost of litigation.