BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No.35 of 2016
Date of Institution: 21.1.2016
Date of Decision: 24.6.2016
Parveen Mehra son of late Shri Om Parkash Mehra resident of 40-C, Rani Ka Bagh, Amritsar
Complainant
Versus
- Amritsar based Spice Jet Counter, Guru Ram Das A irport, Raja Sansi,Amritsar
- Delhi based Indira Gandhi International Airport, Spice Jet Counter, Delhi
- Spice Jet Ltd., 319, Udyog Vihar, Phase IV, Gurgaon 122016
Opposite Parties
Complaint under section 12 & 13 of Consumer Protection Act, 1986
Present: For the Complainant : Sh.Amit Kapoor,Advocate
For the Opposite Parties: Sh. Ajay Mehta,Advocate
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma,Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Parveen Mehra complainant has brought the instant complaint under section 12 &13 of the Consumer Protection Act, 1986 on the allegations that complainant alongwith his wife Smt.Rekha Mehra had to go to Mumbai on the fixed date i.e. 18.12.2014 in order to attend the marriage of their niece. For the purpose of attending marriage at Mumbai, complainant went to Shri Guru Ram Dass International Airport on 4.6.2014 to purchase the Airline ticket where the counter of Spice Jet Ltd has been established. The counter officials compelled the complainant that Spice Jet is the best Airline service and forced him to purchase the ticket from the same counter. The complainant paid an amount of Rs. 17366/- in cash. Booking status dated 16.12.2014 was confirmed and zerox copy of ticket is enclosed herewith.. Everything was according to the fixed schedule and program and on the fixed date if air flight when the complainant reached Delhi Airport on 16.12.2014 at morning time to catch the flight for Mumbai, it was addressed by Delhi based Spice Jet Counter officials that their flight from Delhi to Mumbai has been cancelled (without any prior intimation ) . It was also cleared that the complainant and his wife were free to travel by any other airline to anywhere in the country as Spice Jet does not have any other option left for them and they can purchase ticket from any other airline counter. It was the great shock to the complainant personally, financially and emotionally. The complainant conveyed his sentiments to the officials of Spice Jet Service. The complainant requested them to refund the ticket amount but all his efforts proved futile . Even the complainant requested the opposite party to state the reason on the ticket as to why the flight from Delhi to Mumbai has been cancelled on that date and also mention on the ticket that Spice Jet Officials shall return the flight cancellation amount to him , but to no effect. Ultimately complainant purchased a new ticket from Air India counter on the same day i.e. 16.12.2014 for himself and his wife from Delhi Airport by paying an amount of Rs. 23874/- for a single flight from Delhi to Mumai bearing PNR number YWY47 , flight No. A1659. There was a great negligence, unfair trade practice and non professional attitude of the Spice Jet Officials when they threatened the complainant at Delhi Airport that he could not do anything except to accept the simple assurance to get back the flight cancellation amount when he reached back Amritsar. When the complainant came back to Amritsar, he immediately rushed to Amritsar Airport to get back his flight cancellation amount at the Spice Jet counter as per instructions of Delhi base Spice Jet base counter. The complainant also served legal notice dated 21.12.2015 through registered post to the opposite party calling upon them to refund the ticket cancellation alongwith interest and also to pay the amount of new ticket worth Rs.23874/- alongwith lumpsum amount of Rs. 1,25,000/- as compensation within 15 days from the date of receipt of legal notice, but despite of the receipt of the legal notice, opposite party failed to comply with the same . Vide instant complaint, complainant has sought for following reliefs:-
a) Opposite party be directed to refund the amount of ticket p8urchased by the complainant to the tune of Rs. 17366/- and also to pay the amount of new ticket worth Rs. 23874/- alongwith interest.
b) Opposite party be also directed to pay compensation of Rs. 1,25,000/- alongwith litigation expenses to the tune of Rs. 5000/-.
Hence, this complaint.
2. Upon notice, opposite parties appeared and filed collective written statement contesting the claim of the complainant taking certain preliminary objections therein inter alia that complaint filed on behalf of the complainant is not maintainable in as much as the complainant has not approached this Forum with clean hands and has suppressed the material facts from this Court ; that complaint filed by the complainant is not maintainable in as much as a bare perusal of the complaint would reveal that there has been no deficiency of any kind of service provided by the opposite parties to the complainant ; that the present complaint filed by the complainant is not maintainable in as much as even no cause of action has arisen in favour of the complainant and against the opposite party for filing the present complaint ; that present complaint filed by the complainant is not maintainable in as much as without prejudice to the contentions of the opposite party that no damages, whatsoever, have been suffered by the complainant, as alleged in this absolutely false, frivolous and concocted complaint. It is stated that the said alleged damages are superfluous and imaginary and were not within the contemplation of the parties when the complainant purchased ticket for travelling in the aircraft of the opposite party. It is submitted that in the present case, the aircraft in question, which had to fly for the said route met with technical snag and for removing the same, the technical team was called. It is submitted that the said technical team, however, could not rectify the technical snag and suggested that the aircraft will have to be send in the repair area. It is submitted that the opposite party was hopeful of repair of the aircraft, but suddenly, it was informed that the same could not be rectified In view of the aforesaid unforeseen and peculiar circumstances, the opposite party was constrained to cancel the flight and an intimation to the aforesaid effect was given to the passengers including the complainant herein at the mobile number 09888011696. It is further stated that while cancelling the flight, the opposite party gave option to the passengers to avail the next flight , on the next day or to take back the entire ticket amount. The complainant opted to take back the entire amount and the same was to be remitted to the account, from which, the ticket was purchased. It is further stated that the complainant did not give his account number and as such amount could not be remitted. Opposite party is ready and willing to remit back the amount to the complainant. In view of the same, there is no deficiency on the part of the opposite party and the present complaint is liable to be dismissed ; that the present complaint filed on behalf of the complainant is not maintainable in as much as the complainant has falsely exaggerated about their alleged status and so also the compensation, as a consequence thereof, it is stated that alleged demand in excess of Rs. 1,25,000/- spent in purchasing tickets of other airlines on account of alleges losses, harassment , damages, loss of reputation etc have no nexus , whatsoever, with the cancellation of the flight. In view of the same, the present complaint is liable to be dismissed with heavy costs ; that without prejudice to the contentions of the opposite parties that the present complaint filed on behalf of the complainant is not maintainable and is liable to be rejected, it is submitted that the present complaint filed on behalf of the complainant, even otherwise , is not maintainable in as much as the same contains mixed and complicated questions of facts which can only be proved by leading detailed oral as well as documentary evidence and cross examination of the witnesses at length, which is beyond the purview and scope of the
Act as well as this Forum , wherein , the proceedings are summary in nature . For this reason itself, the present complaint is liable to be dismissed. On merits , facts narrated in the complaint have been specifically denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case Sh.Amit Kapoor,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1, copy of legal notice Ex.C-2, copy of air ticket Ex.C-3, postal receipt Ex.C-4, newspaper cutting Ex.C-5, statement copy of the print out copy of internet of Sanjiv Kapoor, Chief Operating Officer Spice Jet Ex.C-6, copy of report of NDTV Ex.C-7, copy of Forbes India dated 16.12.2014 Ex.C-8, coy of print out copy of Pratap Pothan Ex.C-9, copy of photrograph by ANI News Agency Ex.C-10, copy of statement of Ajay Singh,promoter of Spice Jet dated 16.12.2014 Ex.C-11, newspaper clipping in Dainik Sawera Ex.C-12, wedding card of Nitya Mehra, niece of the complainant Ex.C-13 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh.Ajay Mehta,Adv.counsel for opposite parties NO.1 to 3 tendered into evidence affidavit of Sh.Vijay Roy, Manager Legal Ex.OP1,2,3/1, copy of SMS report Ex.OP1,2,3/2, copy of terms of carriage Ex.OP1,2,3/3, copy of Civil Aviation Requirements Ex.OP1,2,3/4 and closed the evidence on behalf of opposite parties No.1 to 3.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
6. On the basis of the evidence on record, ld.counsel for the opposite party has vehemently contended that it is not disputed that the complainant purchased air tickets from opposite party No.1 for himself as well as for his wife for journey from Delhi to Mumbai and Mumbai to Amritsar back on 4.6.2014, copy whereof is Ex.C-3. But suddenly the flight had to be cancelled on 16.12.2015 from Delhi to Mumbai. Intimation regarding cancellation was sent to the complainant on his mobile No.09888011696 as well as through SMS service , copy of S.M.S. is Ex.RW1/1. There is absolutely no deficiency in service on the part of the opposite party.
7. It has further been contended on behalf of the opposite party that Consumer Forum at Amritsar has no territorial jurisdiction to entertain and try the present complaint. The simple fact that the ticket has been purchased from Amritsar, does not confer any jurisdiction in favour of this Forum. Reliance in this connection has been placed on Dr. V. Noheria Vs.M/s. Make My Trip India Pvt.Ltde (Revision Petition No. 2193-2194 of 2012) and the Hon’ble NCDRC has held that it must be borne in mind that the place of filing of complaint is made for the benefit of defendant/OP. In case a booking is made from Assam, will the cause of action arise there? There is different view that cause of action will only arise at Gurgaon and not at Assam or Panchkula otherwise it will be harassment to the defendant. The booking of tickets on internet does not give a cause of action or a part of action to that city. In any case,no relief has been sought from opposite party No.2.
8. On the basis of the aforesaid contentions, it has been vehemently contended that not only that Consumer Forum at Amritsar has no jurisdiction to entertain and try and present complaint, even otherwise also there is no deficiency of service on the part of the opposite party. The intimation regarding cancellation of the Aircraft in dispute on 16.12.2014 has been duly communicated to the complainant as per documentary evidence on record and it is requested that the complaint being false and frivolous, may be dismissed with cost.
9. But, however, from the appreciation of the facts and circumstances of this case, it becomes amply clear that this Forum has got the territorial jurisdiction to entertain and try the present complaint. The complainant purchased ticket from Amritsar on 4.6.2014 by making payment to opposite party No.1. The opposite party has admittedly having its branch office at Amritsar which has been carrying on its business and work for gain at Amritsar, as such as per section 11(2) of the Consumer Protection Act, the District Forum at Amritsar has the jurisdiction to entertain and try the present complaint filed by the complainant.
10. Even otherwise also objection regarding territorial jurisdiction has to be taken at the earliest and the party taking such objection has to press for its decision at the earlier stage. Once the opposite party appears and files written version and also leads evidence contesting the claim, it acquiesces to the jurisdiction of the Forum where proceedings are in progress. Because, it is inherent lack of jurisdiction which makes the proceedings void . But no proceedings can be held void on the basis of alleged lack of territorial jurisdiction. So the alleged objection regarding lack of territorial jurisdiction is not entertainable at this stage also.
11. Now coming to the merits of the case,it becomes evident that the complainant purchased the air tickets for journey from Delhi to Mumbai and from Mumbai to Amritsar on 4.6.2014 from opposite party No.1 at Amritsar. The journey from Delhi to Mumbai was to be undertaken on 16.12.2014. The flight, however, was cancelled by the opposite party without any prior intimation on 16.12.2014 itself i.e. the date of journey. The complainant as well as his wife reported for boarding the plane at Delhi Airport on 16.12.2014. Had any prior intimation was given to them , there was absolutely no occasion with them to reach the airport ? The intimation regarding cancellation of the flight was received by them at Delhi Airport itself. It is further in evidence that the complainant and his wife had to purchase a fresh ticket from Air India on that very day for going to Mumbai from Delhi Airport against payment to the tune of Rs. 23874/- . The opposite party has told them that there was no alternative left with them & there is no arrangement of Spice Jet for making alternate arrangement for passengers who got stranded at the Airport due to sudden cancellation of flight by the opposite party .The complainant and his wife had an urgent engagement at Mumbai because they were to attend the wedding at Mumbai on 16.12.2014, the wedding/invitation card accounts for Ex.C-13 . Due to the deficient service of the opposite party, complainant and his wife had to suffer mentally ,physically as well as economically on account of the cancellation of the flight. No plausible explanation has been given by the opposite party in their written version or the specific reason for cancellation of the flight on the fateful day. Consequently, we hold that opposite party is gross deficient in service and the complainant is entitled to the compensation.
12. On quantum of compensation, it is the case of the complainant that they are entitled to compensation to the tune of Rs. 1,25,000/- besides refund of the amount of Rs. 17366/- paid for the ticket purchased by them But,however, the complainant had availed the service of Spice Jet for return journey from Mumbai to Amritsar on 19.12.2014 while the amount of Rs. 23874/- was spent by them for undertaking the journey from Delhi to Mumbai on 16.12.2014. The claim of the complainant for refund of ticket amount for their journey from Delhi to Mumbai is sustainable for a sum of Rs. 23874/- . This Forum is of the considered view that the amount should also carry interest @ 9% p.a from the date of purchase of the tickets until full and final recovery . At the time of awarding compensation, the object is to offset the loss suffered by the party coming to the court and it is none of business of the Forum to enrich a party at the cost of the other. Once, the amount of refund has been provided with interest, no separate compensation is payable to the complainant. Opposite party is directed to comply with the order within 30 days from the receipt of copy of the order; failing which, complainant shall be at liberty to get the order implement through the indulgence of this Forum. Opposite party is also directed to pay cost of litigation to the tune of Rs. 2000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated : 24.6.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Memb
