DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer Complaint no. 980/2015
Date of Institution 19/01/2016
Order reserved on 04/04/2019
Date of Order 08/04/2019
In matter of
Mr. Sudhir Kumar Jain
S/o Late Sh Babu Ram Jain
R/o 9/2018 Gali no 4
Kailash Nagar Delhi-110091……………………………...………..…………….Complainant
Vs
1-M/s Manager,
Ease My Trip Pvt Ltd
Building no 223 Patpargunj Industrial Area Delhi 110092
2-The Manager
Spice Jet Ltd
329 Udhyog Vihar Phase IV Gurgaon 122016 ……………….………….Opponent
Complainant’s Advocate Gajendra Kumar
Opponent’s 1 Advocate Ashish Chauhan & Asso.
Opponent’s Advocate A K Asso.
Quorum Sh Sukhdev Singh President
Dr P N Tiwari Member
Mrs Harpreet Kaur Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Complainant booked fourteen tickets from Delhi to Bangaluru on 12/11/2015 for onward flight and Bangaluru to Delhi on 16/11/2015 by Spice Jet SG 140 and paid ticket fare Rs 1,50,880/-(Ex CW1/1 & 1A). It was stated that the flight time from Delhi was 06:05 hours and 21:30 hours from Bangaluru. Complainant stated that family members reached Bangaluru airport at 20:15 hours and after inquiry, it was told that Spice Jet SG 140 flight had taken off at 20:00 hours. It was alleged that OP1 and 2 did not intimate to complainant or their family members. Complainant immediately tried to contact OP1 / Ease My Trip, but did not get any response, but had to pay extra money Rs 82,000/- to Hotel for night stay (Ex CW1/2).
Complainant purchased another 14 tickets for Delhi through Air India flight no. AI 804A from Bangaluru to Delhi for 17/11/2015 as e-ticket and paid Rs 66234/-(Ex CW1/3 to 14). After reaching Delhi, complainant visited OP1 office and demanded refund of return ticket, but OP1 refused to return tickets amount and behaved rudely. Seeing callous attitude in the services of OP1, filed this complaint and claimed Rs 75,440/-as return flight tickets charges with extra tickets purchased from Bangaluru to Delhi Rs 66,234/-with Hotel night stay Rs 82,000/-. Thus claimed total amount Rs 2,23,674/-. In addition to this amount, claimed compensation Rs 2.50,000/-and litigation charges Rs 20,000/-.
After receiving notice, OP1/ Ease My Trip Pvt Ltd filed written statement and denied all the allegations leveled against them. It was stated that the present OP was a mere facilitator of services provided on behalf of many airlines, but had not booked 14 tickets of complainant rather tickets were booked by Internet Zone, so OP1 had no role in getting tickets for complainant as evident from photocopies 14 tickets annexed by the complainant. It was stated that OP1 was made unnecessary party to harass for monitory gains. OP1 had also annexed terms and conditions of PO1/Ease My Trip (Ex OPW1/1). Hence OP1 be deleted from the array of party.
OP2 /Spice Jet also filed their written statement and stated that Airlines always intimate any change of flight times much earlier to the scheduled departure of flight on registered mobile number and on email of booking agent and complainant. It was denied that OP2 had changed flight time without intimating customers. It was also stated that the scheduled departure of Spice Jet flight no. SG140 was 20:15 hours, but complainant had not filed any evidence to prove that he reached airport well in time. Complainant had not put any proof of reaching entry gate of airport as boarding pass where every detail stamped. All allegations put against OP2 were wrong and denied. It was also stated that Spice Jet airline was not responsible for any deficiency in their services and for stay in hotel by complainant. Concerned airlines always intimate agents or customer well in advance for any delay or cancellation in flight, but flight could never took off before scheduled time. As per OP2, the scheduled departure of flight from Bangaluru to Delhi was 8:15 hours and not 21: 30 hours.
Any mistake done by any booking agent, OP2 or any airlines were not responsible. So, this complaint may be dismissed.
Complainant filed rejoinder to WS of OP1 and denied replies to his complaint. It was stated that 14 tickets were booked from Delhi to Bangaluru and return to Delhi through OP1. Tickets were booked through Internet Zone and OP1 were the same as OP1. The financial loss suffered by the complainant was due to deficiency in services of OP1 because no intimation was given for any change in flight schedule by OP1 and OP2.
Complainant denied replies submitted by OP2/Spice Jet Airlines in their WS as wrong and incorrect. It was stated complainant was a consumer of OP2 and it was the duty of OP2 to inform any change in flight schedule which OP2 failed to do so. Due to this complainant had to undergo heavy harassment and had to buy another 14 tickets for Delhi after making extra hotel expenditure. Hence OP2 was liable to compensate. By this act of deficiency in services means OP2 and OP1 were in close collision with each other.
Complainant submitted his evidences through his own affidavit and stressed on his facts and evidence in his complaint. He relied his annexures (CW1/1/, 2, 3 to 14) as tickets booked from OP1, hotel stay bill with additional 14 tickets purchased from Bangaluru to Delhi through Air India flight. So his claim be awarded.
OP1 filed evidence through Mr Naresh Kumar, AR of OP1 who denied on affidavit that complainant’s allegation of deficiency in services. It was stated that complainant had not made Internet Zone as main and necessary party who booked 14 tickets showing wrong time of departure of flight of OP2. OP1 had never issued tickets to complainant. OP1 had also submitted a copy of onward journey from Delhi to Bangaluru and return ticket showing timings of OP2/Spice Jet (Ex OPW1/1). So it was prayed to delete OP1 as array of party.
Complainant also submitted his written arguments where he stressed the deficiency of OP1 and OP2 in booking the tickets and not intimating properly to the complainant so taken on record.
Arguments were heard from both the party counsels and after perusal of file, order was served.
We have scrutinized all the facts and evidences submitted by the parties. It was evident that complainant had booked 14 tickets for family members through Internet Zone and not from OP1/ Ease My Trip Pvt Ltd. which was evident from annexures filed by complainant. Complainant has failed to produce any evidence of Boarding pass which are always issued against every airlines tickets showing entry time and scheduled departure of that particular flight. The boarding pass even shows entry gate number for easy and hassle free entry to their respective flight. Complainant being and good businessman and an educated person had intentionally not produced the boarding pass as evidence. As far as intimation to the complainant was concerned, every flight companies intimate on email and registered mobile number every details even about eateries also, but complainant had to got his correct mobile number at the time of booking tickets. Here it looks that mobile number was of booking agent/ “Internet Zone” and that too the agent was not made as a necessary party. As this complaint has no merit and that being so complaint is dismissed without any order to cost.
The first free copy of this order be sent to the parties under the Regulation 18 (6) of the Consumer Protection act, 1986 (in short CPR ) and file be consigned to the Record Room under Regulation 20 (1) of the Act.
(Dr) P N Tiwari Member Shri Sukhdev Singh President
