Tamil Nadu

South Chennai

CC/21/2013

Kumar Ramanathan, - Complainant(s)

Versus

Jet Airays (India) Ltd., - Opp.Party(s)

Shivakumar & Suresh

08 May 2018

ORDER

                                                                        Date of Filing  : 10.01.2013

                                                                          Date of Order : 08.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.21 /2013

DATED THIS TUESDAY THE 08^TH DAY OF MAY 2018

                                 

Mr. Kumar Ramanathan,

S/o. V. Ramanathan,

No.102, Kesava Dugar Apartments,

1^st Floor, Kesava Perumal Puram,

R.A. Puram,

Chennai – 600 028.                                                     .. Complainant.        

                                               

                                             ..Versus..

 

1. Jet Airways (India) Limited,

Rep. by its Chairman,

Siroya Centre,

Sahar Airport Road,

Andheri (East),

Mumbai – 400 099.

 

2.  Mr. Nikos Kardassis,

Chief Executive Officer,

Jet Airways (India) Limited,

Siroya Centre,

Sahar Airport Road,

Andheri (East),

Mumbai – 400 099.

 

3. Jet Airways (India) Ltd.,

Rep. by its Chairman,

Thappar House,

No.43/44, Monieth Road,

Chennai – 600 008.                                                 ..  Opposite parties.

          

Counsel for complainant         :  M/s. Shivakumar & Suresh                                                    

Counsel for Opposite parties  :  M/s. Gupta & Ravi

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to pay a sum of Rs.7,000/- towards the cost of the damaged baggage , to pay a sum of Rs.14,700/- towards transportation and purchase of material charges and to pay a sum of Rs.3,00,000/- towards compensation for mental agony and to pay the cost of the complaint.

1. The averments of the complaint in brief are as follows:

 

The complainant submits that he is a frequent traveller with the opposite parties’ Airlines and had platinum Jet privilege membership No.100189272. The complainant accumulated over 4,52,000 J P Mails to his credit. The complainant is entitled to redeem his JP mails for his air ticket also is not denied by the opposite parties.During the month of June 2012, the complainant and his family decided to visit Europe.The complainant decided to redeem the JP mails in his credit for travel.When the complainant attempted to redeem his JP mails and secure three business class tickets for himself and his family to attend a program the opposite parties were absolutely silent and has not provided any assistance. Despite the complainant processing the tickets two months in advance no response was forthcoming from the opposite parties.

2.     Further the complainant submits that the opposite parties have not informed about the availability of ticket and on 22.05.2012, the complainant was able to redeem two business class ticket one economic class from Chennai to Brussels for 19.06.2012.  The opposite parties informed that all other business class tickets were sold.   Since one ticket is in economic class, the complainant’s daughter was forced to travel in economic class despite he was having sufficient miles to travel in business class.  The attempts made for upgrading his daughter’s ticket also ended in vain.  For the return flight on 04.07.2012 also, the complainant was informed in Brussels at the checking counter by the airport executives that, adequate seats were available in business class for upgrade the ticket. Further the complainant submits that, the Brussels flight was delayed by more than two hours.  Since the opposite parties had not issued his boarding pass for Brussels – Milan in Chennai itself, the complainant had only 40 minutes to complete check in procedures and board the flight at Brussels.  Eventhough the complainant had platinum jet privilege membership resulting last 5 minutes back boarded the flight with tension. 

3.     Further the complainant submits that, upon reaching Milan, the complainant was shocked to find that his luggage was found missing.   So, he was forced to wait  for 2 hours to make a claim.  The tickets were issued by the opposite parties all the way to Milan from Chennai, hence the complainant was not required to collect his baggage in Brussels to recheck in baggage and the opposite parties are responsible for transporting the baggage.  The opposite parties admitted in their reply notice dated:12.12.2012 that they had transferred the baggage to Brussels Airlines.    The delay in arrival of baggages caused great mental agony since the complainant has to attend a meeting and was compelled to purchase cloths and articles worth Rs.7,000/-, expending a sum of Rs.7,000/- towards transportation to purchase the clothing.  Further the complainant submits that, the baggage reached him in midnight in a damaged condition and it cannot be used.  The complainant is claiming a sum of Rs.7,000/- towards the cost of baggage.  As per the Carriage by Air Act, 1972 the opposite parties are liable to pay compensation. 

4.    Further the complainant  submits that, the poor service of the opposite parties and damage caused to the baggages causing delay without giving proper attendance to the value of time caused great mental agony. The complainant issued legal notice dated:30.08.2012 and the opposite parties sent a letter dated:17.09.2012 and requested  the complainant to forward a copy of air ticket for scrutiny and the complainant sent the air ticket to the opposite parties.  The opposite parties after long delay issued a reply dated:17.12.2012 disputing the claim without any basis.  The act of the opposite parties caused mental agony and sufferings which leads to unfair trade practice and deficiency in service.

5.     The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.   The opposite parties state that, they have developed a system whereby, the passengers can log on to the Jet privilege account and thereafter, book e-tickets by redeeming their JP Mails in their account.  The system of redemption being fully automatic does not require any manual intervention.   The opposite parties also provides call centre / customer care facility 24/7 to assist the passengers.  The passengers will be provided with correct information within few minutes of making call.  Booking of tickets to premier class will be done on first come first basis.  There is no distinction made by redeeming once JP mails or by payment of cash.  The facility to upgrade seat confirmation from economic class to premier class is also available to the passengers subject to the making request before 48 hours of departure.  In this case, the complainant booked 3 tickets in premier class one for complainant’s travel on 19.06.2012 from Chennai to Brussels and return ticket from Brussels to Chennai on 04.07.2012 for which, seats were available in business class booked 2 tickets for the complainant’s wife and daughter for the travel on 23.06.2012 from Chennai to Brussels and for the return from Brussels to Chennai on 4.7.2012.  However only one seat is available in business class the complainant have to book one ticket in business class for his wife and the other for his daughter in the economic class on 22.05.2012. 

6.     Further the opposite parties state that the bookings for the complainant’s travel was done through the travel agent Cox and Kings.  The complainant’s travel was from Chennai to Brussels through the opposite parties and the complainant was to further travel to Milan from Brussels through Brussels Airlines and thereafter to travel by the opposite party from Brussels to Chennai on 04.07.2012.  Since all the seats in the flight of the opposite parties from Chennai to Brussels including business class were full it was absolutely impossible for jet privilege team of the opposite parties to upgrade the complainant’s daughter ticket from economic class to business class.   The allegation that there was vacant ticket in the business class are absolutely false.  7.     Further the opposite parties state that, the inconvenience undergone by the complainant at Milan due to unfortunate event cannot be attributed to the opposite parties.  The complainant travelled with the opposite parties flight from Chennai to Brussels alone and travelled to Milan was with Brussels Airlines.   The allegation of delay in handing over the luggage to the complainant after reaching Milan and the extra expenditure incurred at Milan due to non availability of baggage and damage to the baggage cannot be saddle on the opposite parties.  It shall be claimed only with Brussels airlines who is not a party to this case.   All these facts are narrated in the reply notice also.  There is no deficiency of any kind caused by this opposite party to this complainant.  Hence the complaint is liable to be dismissed.

8.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the opposite parties filed and documents from Ex.B1 & Ex.B2 are filed and marked on the side of the opposite parties.

9.     The points for consideration is:-

1. Whether the complainant is entitled for a sum Rs.7000/- towards the cost of damaged baggage and Rs.7000/- towards the cost of the articles purchased with the travelling charge of Rs.7700/- as prayed for?
2. Whether the complainant is entitled for a sum of Rs.3,00,000/- towards compensation for mental agony with cost as prayed for ?

10.   On point:-

        Both parties filed their respective written arguments.  Heard the complainant’s Counsel also.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  The learned Counsel for the complainant contended that the complainant is a frequent traveller with the opposite party Airlines and had platinum Jet privilege membership No.100189272. The complainant accumulated over 4,52,000 J P Mails to his credit.  The complainant is entitled to redeem his JP mails for his air ticket also is not denied by the opposite parties.  During the month of June 2012, the complainant  and his family decided to visit Europe.  The complainant decided to redeem the JP mails in his credit for travel.  When the complainant attempted to redeem his JP mails and secure three business class tickets for himself and his family to attend a program the opposite parties were absolutely silent and has not provided any assistance.   Despite the complainant processing the tickets two months in advance, no response was forthcoming from the opposite party amounts to deficiency in service. 

11.   Further the complainant contended that the opposite parties has not informed about the availability of ticket and on 22.05.2012, the complainant was able to redeem two business class ticket one economic class from Chennai to Brussels for 19.06.2012.  The opposite parties informed that all other business class tickets were sold.  Ex.A1 is the ticket issued by the opposite party.  Since one ticket is in economic class, the complainant’s daughter was forced to travel in economic class  despite he was having sufficient miles to travel in business class.   The attempts made for upgrading his daughter’s ticket also ended in vain.  For the return flight on 04.07.2012 also, the complainant was  informed in Brussels at the checking counter by the airport executives that, adequate seats were available in business class for upgrade the ticket.   But no record produced before this Forum.  On the other hand, Ex.B1 is very clear that there is no scope for any upgradation or availability of ticket for business class.  Further the contention of the complainant is that, the Brussels flight was delayed by more than two hours.   Since the opposite parties had not issued his boarding pass for Brussels – Milan in Chennai itself the complainant had only 40 minutes to complete check in procedure and board the flight at Brussels proves that no assistance was rendered to him.  Eventhough the complainant had platinum jet privilege membership resulting last 5 minutes back boarded the flight with tension. 

12.   Further the contention of the complainant is that, upon reaching Milan, the complainant was shocked to find that his luggage was found missing.   So, he was forced to wait  for 2 hours to make a claim.  The tickets were issued by the opposite parties all the way to Milan from Chennai, hence the complainant was not required to collect his baggage in Brussels to recheck in baggage and the opposite parties are responsible for transporting the baggage.  The e-ticket issued by the opposite parties is marked as Ex.A6.  The opposite parties admitted in their reply notice dated12.12.2012 that they had transferred the baggage to Brussels Airlines.  But no document produced in this Forum to prove the same.   The delay in arrival of baggages caused great mental agony since the complainant has to attend a meeting as per Ex.A3 and was compelled to purchase cloths and articles worth Rs.7,000/-, expending a sum of Rs.7,000/- towards transportation to purchase the clothing proves the deficiency in service which is duly informed as per Ex.A8. 

13.   Further the contention of the complainant is that, the baggage reached him in midnight in a damaged condition and it cannot be used.    Ex.A2, photograph shows the condition of baggage.  The complainant is claiming a sum of Rs.7,000/- towards the cost of baggage.  As per the Carriage by Air Act, 1972 the opposite parties are liable to pay compensation.  Further the contention of the complainant is that, the poor service of the opposite parties and damage caused to the baggages causing delay without giving proper attendance to the value of time caused great mental agony.  The complainant is claiming a sum of Rs.3,00,000/- towards compensation for unfair trade practice and deficiency in service. 

14.   The contention of the opposite parties is that, they have developed a system whereby, the passengers can log on to the Jet privilege account and thereafter, book e-tickets by redeeming their JP Mails in their account.  The system of redemption being fully automatic does not require any manual intervention.   The opposite parties also provides call centre / customer care facility 24/7 to assist the passengers.  The passengers will be provided with correct information within few minutes of making call.  Booking of tickets to premier class will be done on first come first basis.  There is no distinction made by redeeming once JP mails or by payment of cash.  The facility to upgrade seat confirmation from economic class to premier class is also available to the passengers subject to the making request before 48 hours of departure and filed Ex.B1 & Ex.B2.  In this case, the complainant booked 3 tickets in premier class one for complainant’s travel on 19.06.2012 from Chennai to Brussels and return ticket from Brussels to Chennai on 04.07.2012 for which, seats were available in business class booked 2 tickets for the complainant’s wife and daughter for the travel on 23.06.2012 from Chennai to Brussels and for the return from Brussels to Chennai on 4.7.2012.  However only one seat is available in business class the complainant have to book one ticket in business class for his wife and the other for his daughter in the economic class on 22.05.2012. 

15.   Further the opposite parties contended that the bookings for the complainant’s travel was done through the travel agent Cox and Kings.   The complainant’s travel was from Chennai to Brussels through the opposite parties and the complainant was to further travel to Milan from Brussels through Brussels Airlines and thereafter to travel by the opposite party from Brussels to Chennai on 04.07.2012.  Since all the seats in the flight of the opposite parties from Chennai to Brussels including business class was full it was absolutely impossible for jet privilege team of the opposite parties to upgrade the complainant’s daughter ticket from economic class to business class.   The allegation that there was vacant ticket in the business class are absolutely false.  Further the contention of the opposite parties is that, the inconvenience undergone by the complainant at Milan due to unfortunate event cannot be attributed to the opposite parties.  The complainant travelled with the opposite parties flight from Chennai to Brussels alone and travelled to Milan was with Brussels Airlines.   The allegation of delay in handing over the luggage to the complainant after reaching Milan and the extra expenditure incurred at Milan due to non availability of baggage and damage to the baggage cannot be saddled on the opposite parties.  It shall be claimed only with Brussels airlines who is not a party to this case.   All these facts are narrated in the reply notice also.  There is no deficiency of any kind caused by the opposite parties to this complainant.  Considering the facts and circumstances of the case, this Forum is of the considered view that the complaint shall be dismissed.

In the result this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 08^th day of May 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	22.05.2012	Copy of E- Tickets of the complainant from Chennai to Brussels and Brussels to Chennai
Ex.A2		Photographs of the bag
Ex.A3	19.06.2012	Copy of Agenda of the meeting at Milano
Ex.A4	30.08.2010	Copy of legal notice issued by the complainant
Ex.A5	17.09.2012	Copy of reply notice from the opposite party
Ex.A6	24.09.2012	Copy of letter from the complainant to the opposite party along with air ticket
Ex.A7	12.12.2012	Copy of reply notice from the opposite party
Ex.A8		Copy of e-mail communications between the complainant and the opposite party

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1		Copy of system generated report indicating the status of seats in premier class
Ex.B2	02.07.2013	Copy of e-mail correspondence between the complainant’s office with Jet Privilege Redemption Unit of the opposite parties

 

 

MEMBER –I                                                                      PRESIDENT