Tripura

West Tripura

CC/73/2016

Sri Anup Ghosh. - Complainant(s)

Versus

Easy Trip Planners Pvt. Ltd. & Others. - Opp.Party(s)

Mr. D.J.Saha, Mr.B.N.Majumder, Mr.R.Saha, Mr. I.Biswas.

03 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 73 of 2016 
Sri Anup Ghosh,
    S/O- Lt. Rakhal Ghosh,
    Ramnagar -5, Agartala,
    West Tripura.            ....…..…...Complainant.

            VERSUS

1. Easy Trip Planners Pvt. Ltd.,
Building Number-223, 
Patparganj Industrial Area,
New Delhi-110092(India),

2. Spice Jet Ltd.,
319, Udyog Vihar, Phase IV,
Gurgaon, Haryana, India.

3. Office of Spice Jet, 
Situated at Agartala(IXA),
Airports Authority of India,
Civil Airport Agartala, 
Tripura.                   ............Opposite parties.

                 __________PRESENT__________
 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L
    For the Complainant    : Sri B.N. Majumdar,
                      Sri Rajib Saha,
                      Sri D. Saha,
                      Sri Indrajit Biswas,
                      Advocates.
                     
    For the O.P. No. 1        :  Smt. Puspita Chakraborty, 
                      Advocate.

    For the O.P. No. 2 & 3    :  Sri Pankaj Deb, 
                      Authorized Representative. 

        JUDGMENT  DELIVERED  ON:   03.02.2017
J U D G M E N T
        This case arises on the petition filed by one Anup Ghosh against the Spice Jet Ltd. and Easy Trip Planners. Complainant purchased 2 tickets for his daughter and her friend from their Travel Agency from Guwahati to Agartala on 19th November 2015. Date of journey was on 10th January 2016. The ticket was booked through Easy Trip Planners Pvt. Ltd. and he made payment Rs.4,158/- through online banking. Print out of the ticket was taken. But the ticket was cancelled on 28.11.15. It was informed by Spciejet, O.P. No.2 that the balance amount will be refunded by Easy Trip Planners. O.P. No.2 travel agency did not inform about the fact of cancellation. The money also not refunded. Without any request from the petitioner the ticket was cancelled. The ticket booked on 19th November, 2015 and without informing the petitioner or the passenger it was cancelled. Petitioner was thrown into inconvenience. So, he prayed for compensation Rs.20 Lacs. 
2.        O.P. Spicejet and the Easy Trip Planners both appeared and filed Written statement denying the claim. Spicejet  stated that on the request of the petitioner or the Easy Trip Planners or anybody on behalf of the petitioner ticket was cancelled. This was done only through request in the customer care.
3.         O.P. No.1 Easy Trip Planners by filing Written statement stated that on the telephonic conversation with one Suraj the ticket was cancelled. Mr. Suraj is not related to the airlines. O.P. No.1 is ready to refund the amount received on cancellation of the ticket. There is no deficiency of service by the Easy Trip Planners. 
4.        On the basis of contention raised by the petitioner and O.P. following points cropped up for determination.
        (I) Whether the ticket was cancelled on the request of authorized person or by a 3rd person  not related to passenger or Easy Trip Planners?
        (II) Whether there was deficiency of service by O.P. No.1 and 2 and petitioner is therefore entitled to get compensation?

5.        Petitioner in this case produced the copy of online ticket, copy of message, account statement, copy of postal receipt and demand notice. Petitioner also produced the statement on affidavit of one witness, Anup Kumar Ghosh. 

6.        O.P. Spicejet on the other hand produced statement on affidavit of Pankaj Deb, Supervisor, Airport Service. 
        O.P. also produced the cassette in support of conversation with one person who requested cancellation to the customer Care. 
7.        O.P. Easy Trip Planners Pvt. Ltd. produced no evidence.
 8.        On the basis of all the evidence on record we shall now determine the above points.

            Findings and decision:
It is established and admitted fact that ticket with PNR No. G1KY3L was cancelled by the Spicejet. According to Spicejet on the request of the complainant it was cancelled. We have heard the conversation made at the time of cancellation. From the conversation it is found that one Alak called over telephone for cancelling the tickets.  Customer care centre of the Spicejet did not ask him to disclose his full identity. No question was put to him in regard to his relation with the customer or Easy Trip Planners who purchased the tickets on behalf of the Sanchita Ghosh and another. That Alak disclosed the PNR number and also the mobile number of the customer. As the PNR number and the customer mobile number matched so the customer care centre was convinced and cancelled the ticket.

10.        Vinay Roy, Senior Manager, Legal in the affidavit stated that the caller gave the mobile number and correct information about the PNR number and name of the passenger Sanchita Ghosh. The caller given correct information about the flight and passenger so the ticket in question was cancelled. He also stated that complainant himself or some one on his behalf got the ticket cancelled. Pankaj Deb supervisor also repeated the same fact while giving statement on affidavit. Easy Trip Planners however in the written statement stated that on the request of one Suraj the ticket was cancelled. It has also stated that the complainant never requested the Easy Trip planners to cancel the ticket. 

In this case from the telephonic conversation as recorded and heard by us it is found that one Alak requested for cancellation of the tickets and he disclosed the correct PNR and telephone number of the complainant. The same thing was only known to the Easy Trip Planners who purchased the ticket for the petitioner. The telephone number and also PNR number was only known to the complainant and the passengers. How it was divulged to one Mr. Alak not known. It is surprising that the Spicejet customer care cancelled the ticket on the request of an unknown person Alak who even did not disclose his relationship with the purchaser, Easy Trip Planners or the complainant. Spicejet should have taken action after confirmation about the relationship with the Easy Trip Planners or the complainant & the number from which he called. This fictitious person Alak number did not match with the phone number of passenger or Easy Trip Planners. Easy Trip Planners got the information about the cancellation by mobile and also the amount was refunded in their account by Spicejet. But it remained in active, did not take any step  for the welfare of the passenger. It did not take any care for informing the passenger about this cancellation and refund. Refund amount Rs.1166/- is lying with their account. No step was taken by Easy Trip Planners for refunding this amount to the petitioner. This is deficiency of service by Easy Trip Planners. Before cancellation of the ticket Spicejet authority should have more cautious. Only on the request of the purchaser Easy Trip Planner or on the request of the passenger the ticket could have been cancelled. On a call of an anonymous person without disclosing full identity the ticket was cancelled by the Spicejet.
12.        According to Easy Trip Planners authority one Suraj called them. But the from the telephonic conversation it is found that one Alak called for cancellation. So to some extent it is deficiency of service by the Spicejet. Due to the deficiency of service of the O.P. No.1 and 2 petitioner suffered a lot. But his claim for Rs.20 lacs is excessive. He purchased the ticket for Rs.4,158/- on 19.11.15. So, in that time he could purchase another ticket. It is not mentioned after paying how much amount he purchased the tickets for his trip from Guwahati to Agartala.  What inconvenience faced also not clarified. Therefore, he is not entitled to get Rs.20 lacs as claimed. He is entitled to get only the amount paid Rs.4,158/- with 12% interest from the date of purchase till the date of payment. He is also entitled to get the refunded amount Rs.1166/-, for deficiency of service and mental agony he is entitled to get Rs.5,000/-, for litigation cost he is again entitled to get Rs.5,000/-. In total he is entitled to get Rs.15,324/- for the deficiency of service by the O.P. No.1 and 2. Both the O.Ps are jointly and severally liable for paying the compensation to the petitioner. Both of them are directed to pay 50 % each of the amount to the petitioner. Payment is to be made within one month. If not paid it will carry interest @ 9% P.A.

                                          Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.