Advocate Pushpa P. Kshatriya for the Complainants
Opponent exparte
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 16th July 2013
This complaint is filed by passengers against the Opponent – Fast Track Pvt. Ltd. which is dealing in the business of travels for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainants are husband and wife and senior citizens. They are residing at Ideal Colony, Pune 411 038. Complainant No.1 is patient of high blood patient. He was admitted in the hospital in I.C.U. for two days in the month of April 2012. Doctor advised him to relax and not to exhaust and get stressed. Hence he has decided to travel by aeroplane from Pune to Bangalore. He had cancelled train tickets which were already booked by him and booked two tickets of Jet Airways for proceeding from Pune to Bangalore on 04/05/2012. The departure time of the flight was 11.30 a.m. On 02/05/2012 complainants have booked one taxi with the Opponent for proceeding to airport on 04/05/2012. They have asked Opponent to pick up them at about 9.30 a.m. from their residence. Again on 03/05/2012 they got confirmed with the Opponent that whether the taxi is coming to their residence in time. Opponent replied affirmatively.
On 04/05/2012 the taxi was not turned up till morning 9.30 a.m. Hence complainants made inquiry with the Opponent and the Executive Incharge Mr. Rupesh Kumar told them the vehicle which was sent is break down and another vehicle will collect the complainants within 15 minutes. The cell number of the driver was also communicated to the complainants. They have called the driver again and again. Driver reached at their residence at about 10.15 a.m. but the taxi could not reach at the airport at about 11.05 a.m. By that time the counter of Get Airways of the said flight was closed and the complainants were not allowed to board that flight. Hence they have missed the said flight.
The complainants were required to attend their family function which was scheduled on the next day and for that they have to reach to Bangalore on the same day. Then they booked taxi from different airlines. Complainant No.1 got ticket from Kingfisher Airways for Rs.8734/-. The Complainant No.2 got ticket of Go Airways for Rs.14,549/-. They have traveled separately as the tickets of the same flight were not available for them. They have also spent Rs.7221/- for the tickets of missed flight of Jet Airways. In all they had spent Rs.30,504/- in order to reach Bangalore. They have caused inconvenience, stress, physical and mental sufferings. Complainants have demanded the extra airfare for the air tickets which was spent by them due to negligence and deficiency in service on the part of the Opponent. Complainants sent e-mails on 5/6/2012 and on 17/6/2012 but the Opponent did not pay any heed to their e-mails. Ultimately they have issued legal notice through their Advocate to the Opponent and called upon the Opponent to pay Rs.45,504/- towards the air tickets and compensation alongwith notice charges. Opponent failed to comply with the notice. Hence they have filed the present complaint against the Opponent and prayed for compensation of Rs.45,504/- alongwith interest and notice charges.
[2] Opponent though duly served remained absent. Hence complaint proceeded exparte against the same. Complainants were allowed to adduce evidence in the form of affidavit. They have filed affidavit in support of their contention. They have also produced the record regarding medical treatment of the Complainant No.1, copy of the receipt of booking of taxi, their air tickets, boarding passes, copies of e-mail, office copy of notice and acknowledgment receipt. The evidence which is adduced on oath as well as corroborated by documentary evidence remained unchallenged. It reveals from the same that complainants have satisfactorily proved with cogent evidence that the Opponent has caused deficiency in service. Complainants have missed their flight and they were required to spend more money only due to the negligence of the Opponent. The complainants have also established that eventhough the Complainant No.1 was suffering from high blood pressure and taking medical treatment he had required to travel by second flight in bad mental condition. Hence complainants are entitled for refund of extra amount which was paid by them as well as compensation as demanded. The Opponent need not worry about the convenience of the complainant and the evidence before this Forum is sufficient to held that the opponent has caused deficiency in service and the same is bound to compensate the complainants. Hence I pass the following order.
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the Opponent has caused deficiency in service by delaying the taxi.
3. Opponent is directed to refund extra amount of Rs.23,283/- to the complainants within six weeks from the date of receipt of copy of order.
4. Opponent is directed to pay to the complainant amount of Rs.15,000/- towards compensation and Rs.1,000/- towards costs within six weeks from the date of receipt of copy of order.
5. Complainant is directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place- Pune
Date – 16/07/2013
