STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH First Appeal No.373 of 2023 Date of institution : 11.05.2023 Date of Reserve : 03.09.2024 Date of Decision : 13.09.2024 Etihad Airways, O-3, Level 4, Terminal-3, Indira Gandhi International Airport, New Delhi-110037.

…….Appellant/Opposite Party No.2 Versus

1. Mr.Sameer Sehgal, S/o Mr.Sudhir Sehgal, R/o H.No.336, Lajpat Nagar, Jalandhar-144 001, Punjab.

Email Id: rishabsehgal01@gmail.com. Mobile: 8124318920.

2. Mr.Rishab Sehgal, S/o Mr.Sameer Sehgal, R/o H.No.336, Lajpat Nagar, Jalandhar-144 001, Punjab.

Email Id: rishabsehgal01@gmail.com. Mobile: 8124318920.

……..Respondents No.1&2/Complainants

3. Yatra Online Ltd., Guld Adiba, 4^th Floor, Plot No.272, Phase-II, Udyog Vihar, Sector-20, Gurgaon-122 008, Haryana. Email:

legal@yatra.com …….Respondent No.3/Opposite Party No.1 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the Order dated 01.03.2023 passed by the District Consumer Disputes Redressal Commission Jalandhar in CC No.271 of 2019.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present :-

For the appellant : Sh.S.S.Sharma, Advocate For respondents No.1&2: None For respondent No.3 : Sh.Dixit Garg, Advocate SIMARJOT KAUR, MEMBER This Appeal has been filed by the Appellant/Opposite Party No.2 under Section 41 of the Consumer Protection Act, 2019 (in short ‘The Act’) being aggrieved by the impugned Order dated 01.03.2023 passed by the District Consumer Disputes Redressal Commission Jalandhar (in short ‘the District Commission’) whereby the Complaint of the Complainant had been partly allowed.

2. It would be apposite to mention that hereinafter the parties will be referred, as had been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Complainant before the District Commission are that the Complainant No.1-Sameer Sehgal had got booked round trip Air Tickets in the name of his son Rishab Sehgal-Complainant No.2 through the web site of OP No.1 i.e. Yatra.Com on dated 21.03.2019 vide Yatra Reference No.2103996233654 from the Airlines of OP No.2 i.e. Etihad Airlines. The said tickets were booked from “Chicago to New Delhi” for 05.05.2019 and return ticket from “New Delhi to Chicago” for 20.08.2019. The Complainant No.1 had paid an amount of Rs.64,753/- to OPs for the said booking of tickets through his credit card. The OPs at the time of purchase of the ticket assured the Complainants to provide their best services. Unfortunately, Complainant No.2 Mr.Rishab Sehgal, lost his passport in Chicago, U.S.A. few days before the boarding of the flight from there to Delhi. He had immediately reported the matter to U.S. Police on 03.05.2019. Thereafter, he had applied for fresh passport. The Complainant No.2 immediately contacted and emailed on the official website of OPs on 04.05.2019 with a request to re-schedule his flight for 05.05.2019. However, the OPs did not give any reply to the said email. The Complainants also approached OP No.1, but their representative told the Complainants to pay another sum of Rs.79,000/- to reschedule the flight from Chicago to Delhi. In addition to it OP No.1 asked for Rs.15,800 as service charges + taxes. Although a new ticket was available at that time for an amount of Rs.40,000/-. This was an unfair trade practice on their part of the OPs. The Complainants requested to refund the amount for the previous ticket was declined. The Complainants had received an e-mail on 07.05.2019 from OP No.2, they were asked to Global Contact Centre no.600555666. Thereafter the Complainants tried their level best to contact Global Contact Centre but the same was not reachable at all and when the call has been picked they suggested contacting on email. However, before getting any res