Haryana

Sonipat

173/2014

1.MAHINDER SINGH SAINI,2. SUMAN LATA,3. HIMANSHU/4 SHAIFALI S/O MOHINDER SINGH, - Complainant(s)

Versus

1. GO TRAVELS,2. SPICE JET LTD. - Opp.Party(s)

M.S. SAINI

14 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.173 of 2014

                                Instituted on:04.07.2014

                                Date of order:06.04.2015

 

1.Mohinder Singh Saini son of Deep Chand,

2.Suman Lata wife of Mohinder Saini,

3.Himanshu son of Mohinder Singh Saini,

4.Shaifali d/o Mohinder Singh Saini,

All the residents of H.No.1879, Sector 12, Sonepat.

 

…Complainants.        

Versus

 

1.M/s Go Travels, 21 Indra Prakash Building, 506, 5^th Floor Barakhamba road, New Delhi through its Prop.

2.Spice Jet Ltd., 319, Udyog Vihar, Phase IV, Gurgaon through its Director.

 

                                                      …Respondent.

 

 

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Mohinder Saini, Advocate for complainant.

           Respondent no.1 ex-parte.

           Sh. Joginder Kuhar, Adv. for respondent no.2.

 

Before-    Nagender Singh-President.

Prabha Wati-Member.

DV Rathi-Member.

 

O R D E R

 

          Complainants have filed the present complaint against the respondents seeking relief to direct the respondents to refund the amount of Rs.74000/- alongwith interest and compensation by alleging deficiencies in services on the part of the respondents that the complainants deposited Rs.74000/- for the proposals committed to provide by the respondents to the complainants, but the respondent no.1 changed the stay programme.  The information given by the respondent no.1 through e-mail not mentioned that this package is group package but assured to the complainants that it was an individual package.  The complainant believing on the respondents, started their journey on 22.6.2014 from his residence at 12.30 pm and the distance of the Airport is approximately 75 KM but due to strike/protest by students of Delhi University and traffic jam, the complainants reached at Airport at about 3 pm. After check in process the officials of the respondent no.2 told that the Boarding doors of the flight have been closed 45 minutes prior to departure.  The complainants requested the respondents to change the flight but they refused to do so due to the internal conditions of the respondents.  The complainants also requested to the respondents if change flight is not possible then to cancel the return tickets dated 26.6.2014, but the respondents paid no heed and that amounts to a grave deficiency in service on the part of the respondents. So, the complainants have come to this Forum and has filed the present complaint.

2.        The respondent no.2 has only appeared in the case and has filed the reply, whereas respondent no.1 was proceeded against ex-parte.

          The respondent no.2 in its reply has submitted that  there is no deficiency in service or any unfair trade practice on the part of the respondent no.2.  As per ticket issued, the flight departure time of the flight SG 46 was 15:35 whereas the complainant has reported to boarding pass counter of the respondent no.2 at 15:20 i.e. after close of the counter and the complainants have also not

reported at respondent no.2 boarding pass counter on 26.6.2014 for flight SG 847 from Goa to Delhi.  Both the times the flight was operated with vacant seat of the complainants due to non-reporting and thus, the amount charges for air ticket from M/s Trans Global Tour and Travels has been forfeited.   No contract has been taken between the complainant and respondent no.2. So, the complainants does not fall within the definition of consumer.  The check in starts two hours before the scheduled departure and close 45 minutes prior to the scheduled time as the passengers have to undergo security check as per aviation rules of Central Govt.  The booking of the complainant was made under Group Booking Category which is a non-changeable and non-cancellable booking.  The allegations of deficiency in service or unfair trade practice are wholly misconceived, groundless, false, untenable in law and thus, the complainants are not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the learned counsel for both the parties at length.  All the documents have been perused very carefully and minutely.

          Ld. Counsel for the complainants has submitted that the condition on which the respondent no.2 is relying upon was in their computer only as it was not printed on the ticket and was never informed to the complainants.  On the tickets  of the complainants it is mentioned that change/cancellation of tickets can be made by the consumer at any time prior to the scheduled departure.  The respondents have refused to cancel the tickets or to refund the amount of the tickets to the complainants by relying on the internal conditions which were never conveyed to the complainants and not printed on the tickets and that amounts to a grave deficiency in service on the part of the respondents.

          Ld. Counsel for the respondent no.2 has also vehemently argued his case, but he has failed to rebut the contentions of the ld. Counsel for the complainants and thus, we have come to the conclusion that there is deficiency in service on the part of the respondents and the complainants are entitled to get refund of Rs.74000/- from the respondents. Accordingly, we hereby direct the respondents to refund the amount of Rs.74000/-(Rs.seventy four thousands) to the complainants alongwith interest at the rate of 09% per annum from the date of filing of the present complaint till realization.  The present complaint with these observations, findings and directions stands allowed.

 

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:06.04.2015