BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 62 of 2011
Sri Amar Nath Khandelwal, ………………………………… Complainant.
-V/S-
1. Jet Airways (India) Ltd.,
Siroa Centre, Sahar Airport Road,
Andheri (East) Mumbai- 400 099 O.P No.1.
2. M/S Seema Travels,
Ambicapatty, Silchar-788 004, Cachar Proforma O.P.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri Rupendra Mohan Das , Advocate for the complainant.
Sri A. Biswas, Advocate for the O.P.
Date of Evidence………………………. 29-12-2012
Date of written argument……………… 10-10-2013, 23-06-2017
Date of judgment……………………… 16-08-2016
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- This case has been brought before the Consumer Forum, Cachar, Silchar U/S 12 of the Consumer Protection Act by Complainant Sri Amar Nath Khandelwal for award of compensation for mental agony, torture, loss of business and for aggravating of physical ailment at the tune of Rs.11,00,000/- (Rupees Eleven lac) only against Jet Airways (India) limited.
- To get the compensation the complainant brought the facts as below:-He purchased e-ticket No. 589534687570 for Jet Airways flight No. 9W 2877 for Rs.3,040/- (Rupees Three Thousand & Forty) only. The schedule date of journey from Guwahati to Silchar was 17/07/2011. The status of ticket was confirmed vide PNR FLVVRE. Accordingly, on the schedule date of journey he arrived at check in counter of Jet Airways at Guwahati Airport but he was denied Boarding Pass on the ground that the flight was overbooked. Hence, the Jet Air authority offered him compensation of Rs.2,000/-(Rupees Two Thousand) only . He refused to accept the said amount on the ground that the said practice is unfair to the consumer.
- In this case the Complainant also made the Booking Agent M/S. Seema Travels, Silchar as proforma O.P.
- Notice issued. The Jet Airways submitted W/S stating inter-alia that the Boarding Pass was denied on the ground of over booking and accordingly, as per Rule, Rs.2000/- offered as compensation. In addition also stated that the ticket was rebook on the following day i.e. 18-07-2011 and made accommodation for stay of the Complainant at Hotel and also provide foods etc. including carrying the Complainant to Hotel and from Hotel to Airport on 18-07-2011 and the Complainant accordingly, availed the journey from Guwahati to Silchar on 18-07-2011 by Jet Airways flight No.9W2877. With the above plea the O.P No.1 Jet Airways stated that there is no disservice or deficiency of service or unfair practice toward the consumer. The O.P No.2 did not contest the case.
- During hearing the Complainant deposed as P.W-1 and exhibited e-ticket vide PNR FLVVRE, the letter addressed to Jet Airways (India) Ltd. The O.P No.1 also examined Sri Debarsish Borthakur as D.W-1 and exhibited. Civil Aviation Requirement, Aircraft Rules list of passenger for the flight No.9W 2877 for the journey dated 18-07-2011, hotel room bill etc.
- After closing evidence both sides counsels submitted their written argument but they did not argue orally. We have perused the evidence on record and content of written argument.
- In the case it is admitted fact in view of pleading of the parties and evidence on record that the Complainant was denied the boarding pass on the ground of over booking of the Jet Airways flight No. 9W 2877 for 17-07-2011 from Guwahati to Silchar and for that causation the complainant was offered Rs.2000/- as compensation. The Complainant tried to establish the fact that the Jet Airways committed unfair trade practice because of the intention to earn extra money. Anyhow, the O.P by adducing evidence stated that the ticket was re-booked for journey on 18-07-2011 and accordingly the complainants’ accommodation was arranged at Hotel and provided food including carriage from Airport to Hotel and on the following day carry from Hotel to Airport. The O.P also adduced evidence to say that the Complainant accepted the arrangement and availed the journey on 18-07-2011.
- To support the said fact exhibited the list of passengers for journey dated 18-07-2011. Name of the complainant is available in the serial No.4 vide Ext.C. Not only that Ext. D Hotel Bill reflected the name of the Complainant which indicated that as per arrangement and cost of the Jet Airways the Complainant stayed at Hotel on the night on 17-07-2011.
- Therefore, it is crystal clear that the Complainant accepted the alternative arrangement and travelled on 18-07-2011. So far as compensation is concluded the O.P offered Rs.2,000/- vide exhibited document i.e. letter of Release. But the Complainant did not accept the said amount on the ground that the amount of Rs.2,000/- is a small amount. But the O.P by producing the Civil/Aviation Requirement tried to justify the said amount. We have gone through the said requirement. As per Section 3.5 compensation is below:-
3.5.1 The financial compensation indicated below shall be given only if the amount of tickets costs is higher than the compensation amount.
a) Rs.2,000/- or the value of the ticket whichever is less for flights having a block time of upto and including one hour.
b) Rs.3,000/- or the value of the ticket whichever is less for flights having block time of more than one hour and upto and including two hours.
c) Rs.4,000/- or the value of the ticket whichever is less for flights having a block time of more than two hours.
If the cost of the ticket is less than the amount of compensation indicated above, the Airline will be liable to compensate an amount equivalent to the ticket cost in addition to refund of Air ticket.
- Thus, in the instant case, it is clearly shows that compensation mention in clause “C” of Section 3.5.1 is attracted in the instant case because the Complainant was compelled toward more that 2(Two) hours i.e. upto the flight time on 18-07-2011. The value of ticket in view of Ext.1 as Rs.3,040/- so the complainant is entitle compensation of Rs.3,040/- and not Rs.2,000/-. In addition he is to get benefit as arranged by the O.P.
- Hence, non-offering of Rs.3,040/- is disservice to the complainant by accept the above disservice. We do not find any deficiency of service or unfair trade practice for over booking because the convention of selling some extra ticket with status ‘confirm’ is within the Civil Aviation Requirement vide Section 3.2.
- Therefore, the O.P is asked to make payment of the above amount of Rs.3,040/- with pendentilite interest @ 10% w.e.f. the date of schedule journey on 17-07-2011 till realization of the full and also to give cost of the proceeding of Rs.2,000/-. The above awarded amount to be paid within 45 days from today. In default, the awarded amount to be charged with interest @10% P.A.
- With the above this case is disposed of on contest. Supply free certified copy of judgment to the parties
Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 16th day of August, 2017.
