Order-25.
Date-20/10/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Case of the complainant, in short, is that he purchased three air tickets through OP1 namely Easygo Trip which is a travel agency entrusted with the booking of Air Tickets on 12-09-2015 through OP1 for travelling Chennai to Kolkata. Date of journey was 25-10-2015. The tickets were purchased in the names of Bhaskar Prasad Vaisya, Rekha Vaisya and Simran Bhaskar as against payment of Rs.12,629/-. OP1 issued internet generated tickets to the complainant for flight No.SG 268 for Chennai to Kolkata. The complainant also states that prior to purchase of the said ticket the complainant also purchased other three tickets from the said Agency being OP1 on 12-09-2015 for journey one way flight from Kolkata to Chennai, date of journey being 16/10/2015 and the tickets were also purchased in the name of Bhaskar Prasad Vaisya, Rekha Vaisya and Simran Bhaskar against payment of Rs.13,595/-. OP1 also issued computer generated receipts/tickets to the complainant through internet. It is stated that in the said internet ticket for the departure date being 25-10-2015, no ticket number was mentioned and no onward Airline PNR was also mentioned in the said tickets. It is alleged that OP1 failed to provide service to the complainant in spite of receiving the said amount of Rs.12,629/- from the complainant as against the three Air tickets for Chennai to Kolkata. It is also alleged that in booking reference No.ET68090 dated 12-09-2015 for one way flight from Chennai to Kolkata status is shown as confirmed but later one it has been mentioned therein going out Chennai to Kolkata onward Airline PNR rejected due to non-availability. On September 14, 2015 the complainant received a message from the OP1 through E-mail informing the complainant that his three Air-tickets dated 25-10-2015 for one way flight from Chennai to Kolkata was rejected due to non-availability. The complainant also informed the OP2 and contacted the OP2 at the office of the OP2 that is Spice Jet. The complainant contacted with the office of OP2 on 14-09-2015 and was informed by OP2 that no ticket was booked with the names of the complainant and his family members for 25-10-2014. The complainant has alleged that he booked three Air-tickets on 12-09-2015 from OP1 for Journey date 25-10-2015 from the OP1 for journey dated 25-10-2015 from Chennai to Kolkata. But virtually OP1 handed over fake tickets to the complainant. The complainant has alleged deficiency of service against the OPs.
OP2 Spice Jet Ltd. has contested the case in filing writing version contending, inter alia, that the OPs1 and 2 are from outside the State and the complainant has no transaction or grievance against the OP3. It is alleged that the complainant was not satisfied with the services provided by the OP1 from whom the complainant had purchased impugned tickets for journey from Chennai to Kolkata by SG 268 on 25-10-2015. It is stated that the OP1 is a scheduled Airline Operation in India and the request for ticket was rejected for unavailability and no PNR was issued. There is no negligence on the part of this OP. This OP has prayed for rejection of the complaint.
Remaining OPs have not contested the case.
Point for Decision
- Whether the case is maintainable in fact or in law?
- Whether this Forum has jurisdiction to entertain the case?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
Seen the cause title of the petition of the complainant. It appears that the OP1 is a travel agency operating at Mumbai having office at Kurla Complex, Badra East OP2 is Spice Jet having office at 319, Udyog Bihar, Phase – IV, Gurgaon – 122 016, Haryana, India and OP3 is Travels and Rentals Pvt. Ltd. having its office at Lenin Sarani, Kolkata, Bowbazar. We find that this Forum has no jurisdiction to consider the complaint as OPs 1 and 2 are from outside the State and the complainant as we find has no transaction and or grievance against the OP3. We think that OP3 is impleaded in this case only to attract the jurisdiction of this Forum. We do not find any grievance or transaction of the complainant with OP3 within the four corners of the petition of complaint. It is apparent from the complaint that complainant was not provided service by the OP1 from whom the complainant had purchased the main tickets for journey from Channai to Kolkata SG 268 on 25-10-2015 it also appears from the documents on record that such request for ticket was rejected for non-availability of tickets by OP2 and accordingly no PNR was also issued. We find that OP2 is a scheduled Air-line operation in India and abroad regulated by the Director General Civil Aviation which is Central Government Agency and the Rules and Regulations framed thereafter. In such a situation the travel agent through whom the ticket booked is to blame but unfortunately we find that this Forum has no jurisdiction to consider the complaint as OP1 is from outside the State. We think that OP2 has been impleaded in this case only to get the jurisdiction even though there is no allegation against OP3 in the whole complaint. Moreover, we find that no petition u/s.11(2) is filed before this Forum for permission as against the OPs who do not reside within the jurisdiction of this Forum. We think that the case is not maintainable on the point of territorial jurisdiction as such.
Hence,
Ordered
That the instant case be and the same is dismissed on contest against OP2 and ex parte against OPs 1 and 3 being not maintainable in this Forum on the point of territorial jurisdiction.
