Chandigarh

DF-I

CC/296/2015

Sh. Subhash Chander Sharma - Complainant(s)

Versus

INDIGO - Opp.Party(s)

Rakesh Bajaj

27 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

 

                               

Consumer Complaint No.	:	CC/296/2015
Date of Institution	:	18/05/2015
Date of Decision	:	27/01/2016

 

1.     Sh. Subhash Chander Sharma son of Sh. Hukam Chand Sharma,

2.     Smt. Parveen Kumari wife of Sh. Subhash Chander Sharma

        Both residents of Flat No.B-11, HSIDC, Officer’s Apartments, Sec.14, Panchkula.

…..Complainants

V E R S U S

1.     Indigo, 142/1, Behlana, Near Airport, Chandigarh, through its Regional Manager.

2.     Indigo, Intergrobe Aviation Ltd., Global Business Park, Gurgaon, Haryana, India, through its MD

……Opposite Parties

 

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                       

 

ARGUED BY	:	Sh. Rakesh Bajaj, Counsel for complainant
	:	Sh. Sanjeev Sharma, Counsel for OPs

                       

PER SURJEET KAUR, PRESIDING MEMBER

1.         Sh. Subhash Chander Sharma (husband) and Smt. Parveen Kumari (wife), complainants have filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against Indigo and another, Opposite Parties (hereinafter called the OPs), alleging that on 2.11.2014 they purchased two return tickets online from Chandigarh to Hyderabad and Hyderabad to Chandigarh for which the departure date was 20.12.2014 and return date was 31.12.2014 for Rs.23,278/-. 

According to the complainants, on 20.12.2014 they reached the Chandigarh airport for taking their flight and were issued boarding passes for flight No.6E-264 but at about 1:57 p.m. they got the message on mobile that the flight had been cancelled though the departure time of the flight was 12:50 p.m. The OPs failed to provide any substitute flight and even the return flight on 31.12.2014 was also cancelled without assigning any reason and after deducting an amount of Rs.500/- the balance was sent in complainants account.   The complainants have averred that they had planned to go to Hyderabad to see their daughter, but, due to cancellation of tickets, they were forced to book the ticket of their daughter in urgency at current rate on 20.12.2014. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainants have filed the instant complaint. 

2.         In their joint written statement, OPs have taken a number of preliminary objections including that this Forum does not have territorial jurisdiction to entertain and try the complaint. The factual matrix of the case has been admitted.  It has been averred that the OPs were forced to cancel the flight due to bad weather conditions. It has been stated that on 20.12.2014 all the flights from Chandigarh airport were cancelled which was prominently mentioned in the newspapers also.  It has been averred that the flight for 31.12.2014 was cancelled as per weather forecast for Chandigarh, station feedback and advisory from Metrological Department. It has been contended that the money of the complainants was refunded to them after cancellation which was solely due to bad weather conditions/poor visibility and was beyond the control of the OPs and they cannot be penalized for the same. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs have prayed for dismissal of the complaint.
3.         The parties led evidence in support of their contentions.
4.         We have gone through the record, and heard the arguments addressed by the learned Counsel for the parties. 
5.         At the outset, we have to determine whether the present complaint lies within the territorial jurisdiction of this Forum or not?  We feel that as the boarding passes to board the flight were issued by the OPs to the complainants at Chandigarh itself and since, as per the case of the complainants, the tickets were booked online from the office of the OPs at Chandigarh, therefore, the present complaint definitely falls within the territorial jurisdiction of this Forum.
6.         Adverting to the merits of the case, the main contention of the OPs, in the present complaint, is that the scheduled flight was cancelled due to bad weather.  In support of their case, OPs have placed reliance on Annexures R-1 & R-2, which are the photocopies of the news items published in various newspapers, regarding cancellation of flights from Chandigarh airport due to dense fog.  However, we feel that even if the weather was bad, the OPs have failed to explain why they delayed in planning the cancellation of the flight.  It is also not understandable why the boarding passes were issued to the complainants when the flight was to be cancelled. Hence, the act of the OPs in planning cancellation of the flight very late, despite having knowledge of the bad weather, and sending SMS to the complainants for the cancellation of the flight after lapse of one hour of the scheduled time of the flight, and that too without mentioning any specific reason, points out towards deficiency in service on their part. The OPs also failed to provide proper service to the complainants in cancelling even their return tickets without their consent.
7.         In view of the above discussion, the present complaint deserves to succeed and the same is partly allowed. OPs are directed :-

(i)     To pay Rs.10,000/- as compensation to the complainants for the deficiency in service and harassment caused on the part of the OPs.

(ii)    To also pay a sum of Rs.7,000/- to the complainants as litigation expenses. 

8.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of filing of the present complaint, till realization, apart from compliance of direction at Sr.No.(ii) above.
9.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
27/01/2016	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member