DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Monday the 31st day of October 2022
C.C. 244 / 2018
Complainant
- Mony Ananthasivan,
S/o. Ananthasivan,
Lakshmi Nikethan,
Off Ram Mohan Road,
Police Quarters Road,
Puthiyara, Calicut-673004.
- CA Jayaprakash MC,
S/o. C. Narayanan Nambiar,
Jyothis, P.O. Aroli, Pappinisseri,
Kannur – 670561.
(Complainant 1 & 2 By Adv. Sri. Shyam Padman)
Opposite Parties
- Corporate Head Office,
Spicejet Ltd,
319, UdyogVihar, PhaseIV,
Gurgaon – 122016,
Haryana,
India.
- Spicejet Dubai (GSA Office),
Burjuman Signal,
Khalid Bin Al Waleed Road,
Umm Hurair 1,
Dubai.
- Spicejet Airlines Kozhikode,
Calicut International Airport,
Malappuram – 673647,
Kerala.
- Kurikkal Tours and Travels,
Mavoor Road, Calicut-673004.
ORDER
By Sri. V. BALAKRISHNAN MEMBER
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
2. The case of the complainant, in brief, is as follows:
The complainants had booked flight ticket to travel from Calicut to Dubai and for the return trip also. The flights operated by first opposite party were booked by the complainants through the fourth opposite party on 20/10/2017. Spice jet SG054 which was scheduled to depart from Dubai to Calicut at 04:10 pm on 09/11/2017 was booked for the return journey of the complainants. On 09/11/2017 while waiting for the flight at the airport the complainants received an SMS message at 10:30 am stating that the flight would be delayed by 2 hours and will depart only 17:15 hours instead of 15:10 hours from Dubai. The reason cited by the airlines for the delay was bad climatical condition in Amritsar, from where the aircraft was supposed to take off and reach Dubai to operate Dubai-Calicut flight. Eventhough this caused much hardship and mental agony to the complainants, they were under bonafide belief that the airlines shall take appropriate steps to alleviate the inconveniences. The response from the airlines was not satisfactory and the passengers were not given launch facility, snacks and even seating facility and they had to stand in airport with all the baggage. The complainants were put to extreme difficulty and hardship due to the indifference and irresponsibility of the officials of opposite party. At 16:00 hours the complainants received another SMS stating that flights are delayed again and would depart only at 20:30 hours. Later it was further informed that flight is further delayed and would depart only at 03:45 am on the next day. Even after the extreme circumstances and hardship that the complainants were put in they were in a hope and expectation that the flight would be departing at 03:45am, almost 12:00 hours after the scheduled departure time. The pleas of the passengers to at least accept the luggage and check in baggage were not acceptable to the opposite parties which show the high handedness and arrogant attitude of them towards a passengers. The request for at least keeping the luggage at a common place with the supervision of airlines staff was denied. Later it was seen that the check-in counter which was to open at 23:00 hours was again delayed by another one hour and was fixed at 00:00 hours. Finally the counter was opened at 00:00 hours and passengers were given boarding passes and the airlines staff started accepting the check-in luggage. The limited number of check-in counters and inadequate strength of staff had caused further hardship and misery to the passengers. The opposite parties issued boarding pass and luggage tag. The passengers were instructed to do the emigration check-in and security check-in and to wait for the announcement at the boarding gate. Even though the passengers were informed to get snacks would be provided none-of them received any snacks or refreshments as promised. At about 02:45am many passengers started getting SMS and calls from airlines in India that the flight from Amritsar to Dubai was cancelled. This message created disappointment to all passengers. It was also informed by the opposite parties that the counters would be open only after said flight departs from the previous destination. All the passengers were kept in dark without any information from the staff of the opposite parties. Finally at 03:50 am the Spice jet staff declared that the flight was cancelled and the airline would refund the ticket fare to the passengers within 14 days. The complainants were not provided alternate arrangement of travel or accommodation or the differential airfare in case of passengers arranging their own option to find another airline from nearby places. Much inconvenience and hardship were caused to them due to the deficiency in service. The complaints were subjected to much loss, injury, hardship and damage by the conduct, inefficiency, discrimination, harassment unfair trade practice on the part of opposite parties.
3. Hence the complainants pray for passing an order directing the opposite parties to pay an amount of Rs. 18,00,000/- as compensation for the negligence, deficiency in service and unfair trade practice on part of the opposite parties.
4. The first, second and 3rd opposite parties were set ex-parte. The fourth opposite party filed the version. According to them they are not a necessary party in the case and all the averments and allegations put forward by the complainants are against the other opposite parties. There is no any specific allegation or averment against them. The fourth opposite party is a reputed IATA travel agent. They had only booked the ticket, collecting service charges for booking. The complainant have no complaint against them in respect of service rendered in booking the air ticket . They have responded on time by issuing further return tickets to the complainants in credit when the Spice jet people cancelled the return trip even without providing alternative arrangements or refunding the ticket fare. Hence the fourth opposite party wants to dismiss the complaint in respect of them.
5. The points that arise for determination in this case are ;
- Whether there was any unfair trade practice or deficiency in service on the part of the opposite parties?
- Reliefs and costs.
6. Evidence consists of oral evidence of PW1. Exts A1 to A8 were marked.
7.Heard.
8. Point No:1. The complainant was examined as PW1, Who filed proof affidavit in support of the claim. The opposite parties 1 to 3 have not filed the version and they chose to remain absent. The complainant was not cross examined and their evidence stands unchallenged. Ext A1 is the flight ticket issued to the complainants by 4th opposite party. Ext A4 is the luggage tag of the complainant no.1. Ext A5 is the luggage tag of the complainant no. 2. Ext A6 is the boarding pass issued to the complainant no.2. Ext A7 is the boarding pass issued to the complainant no.1. From Ext A1, it is clear that ticket for their return trip was purchased from the 4th opposite party to travel in the Airline of 1st opposite party. The complainants had to wait more than 12 hours stranding in airport with their luggage. Ext A4, A5, A6 and A7 shows that boarding passes were given to the complainants and their check-in baggage were collected by the airlines. It is clear that the cancellation of the flight from Dubai to Calicut was declared after issuing boarding passes and the complainants were given earlier direction to keep ready for boarding. By the cancellation of the flight without alternative arrangement of travel the complainants were put to mental agony and hardship in the airport due to the negligence and deficiency in service on part of the opposite parties. So they had to be sufficiently compensated for their loss and sufferings.
9. The Passenger Charter Ministry of Civil Aviation, Govt. of India clearly mention the rights of the passengers during flight cancellation. For flights having a block time of more than 2 hours, as per the Charter Scenario-2-C passengers are eligible for Rs. 10,000/- or booked one- way basic fair plus airline fuel charge, whichever is less, as compensation. So in the complainants should be paid Rs. 10,000/- each as compensation on this count by opposite parties one to three.
10. In case of flight cancellation the Charter specify additional eligibility also. If the passengers have already reported for the original flight and while wait for the alternate flight the airline must provide free of charge meals and refreshments, in relation to waiting time. The airline had shown their helpless to arrange the alternate flight and they had not performed any services as per the Passenger Charter of Ministry Civil Aviation, Govt of India. Hence the complainants should be given Rs. 15,000/- each as compensation on this count. Thus the complainants are entitled to get a total compensation of Rs. 50,000/- from opposite parties one to three.
11. Point No.2
In the light of the findings on the above points, the complaint is disposed of as follows;
a) CC 244/2018 is allowed in part.
b) The opposite parties 1 to 3 are directed to pay a
sum of Rs.50,000/- (Rupees Fifty thousand only) as
compensation to the complainant.
c) The opposite parties 1 to 3 are directed to pay Rs.
3,000/- (Rupees Three thousand only) to the complainant as
cost of the proceedings.
d) The payment shall be made within 30 days from the date
of receipt of copy of this order, otherwise Rs. 50,000/-
will bear 6% interest till actual payment from the date of
order.
Pronounced in open Commission on this,31st day of October 2022.
Date of Filing: 01 /09 /2018.
Sd/- PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Flight ticket issued to the complainants by 4th opposite
party.
Ext. A2 – News report of Malayala Manorama regarding delay of the
flight from India dated 12/11/2017.
Ext. A3- News report of Malayala Manorama regarding delay of the
flight from Dubai dated 13/11/2017.
Ext. A4 – Luggage tag of the complainant No. 1.
Ext. A5- Luggage tag of the complainant No. 2.
Ext. A6- Boarding pass issued to complainant No. 2 with marking of
coffee shop counter.
Ext. A7- Boarding pass issued to the complainant No.1. with marking
of coffee shop counter.
Ext. A8- Boarding pass of the complainant No. 1.
Exhibits for the opposite parties
NIL
Witnesses for the Complainant
PW 1 – A. Mony Ananthasivan.
Witnesses for the opposite parties
NIL
Sd/- PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
Forwarded / By Order
Sd/-
Assistant Registrar
