Punjab

Ludhiana

CC/21/365

Jasbir Singh Walia - Complainant(s)

Versus

Jet Airways India Ltd - Opp.Party(s)

Amandeep Bhanot

13 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 365 dated 06.08.2021.                                                        Date of decision: 13.12.2022.

 

Jasbir Singh Walia aged 62 years son of S. Surjit Singh Walia, resident of H. No.2222, Krishna Nagar, Ludhiana.                                                                                                                                                   ..…Complainant

                                                Versus

1. Jet Airways (India) Ltd., Siroya Centre, Sahar Airport Road, Andheri (East), Mumbai, through its Director/M.D./General Manager.
2. M/s. UMA Holidays, Yorker Travels, Opposite Police Lines, Near Arya College for Boys, Civil Lines, Ludhiana, through its Proprietor/Partner. Mobile No.98761-00395.                                                                                                                                                   …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Amandeep Bhanot, Advocate.

For OP1                         :         Complaint against OP1 not admitted vide order                                           dated 27.08.2021.

For OP2                         :         Exparte.

 

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                Briefly stated, the facts of the case are that on 09.10.2018, the complainant had booked two tickets for himself and his wife Charanjit Kaur Walia from opposite party No.1 Jet Airways from Delhi Airport to Toronto (Lester B. Pearson Intl) in economy class having date of departure on 27.06.2019 through opposite party No.2 vide ticket No.9W/ETKT 589 2948020383 (Ex. C1) and No.9W/FTKT 582 2948020384 (Ex. C2). Opposite party No.1 confirmed the reservation of the tickets and charged total sum of Rs.1,95,000/- for two tickets which was paid in cash. However, on 27.06.2019 i.e. date of departure when they reached Delhi Airport, they were not allowed to board the flight. The complainant contacted opposite party No.2 from Delhi Airport itself and requested to render help in boarding the flight but opposite party No.2 showed his helplessness and assured the complainant to return the price of the tickets. The complainant had to book the tickets in urgency category by spending extra price. In the meanwhile, the complainant and his wife remained immensely tense and disturbed for failure to board the flight and they have to face a lot of inconvenience, harassment, humiliation, anguish, mental pain and agony on this account. When the complainant come back from Canada to Ludhiana and approached opposite party No.2 and requested him to return the price of the aforesaid tickets amounting to Rs.1,95,000/- and also requested him to pay the difference of extra amount but opposite party refused to pay any single penny to the complainant rather misbehaved with the complainant. The act and conduct of the opposite parties amounts to deficiency in service and unfair trade practice due to which the complainant had suffered physical as well as mental pain, agony and harassment and remained tensed and under depression due to deficiency in service and unfair trade practice. The complainant had served a legal notice dated 07.07.2021 calling upon the opposite parties to make the payment of Rs.1,95,000/- and difference of extra amount and also compensation but they have not responded to the legal notice. Hence the complaint whereby prayer has been made for refund of Rs.1,95,000/- along with compensation of Rs.1,00,000/-  and litigation expenses of Rs.21,000/-.

2.                The complaint against opposite party No.2 was not admitted vide order dated 27.08.2021.   

3.                Upon notice, opposite party No.2 did not appear despite service and was proceeded against exparte vide order dated 25.11.2021.

4.                In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 and Ex. C2 are the tickets in the name of complainant and his wife Charanjit Kaur Walia, Ex. C3 is legal notice and Ex. C4 is the postal receipt and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents produced on record by the parties.

6.                The complaint against Jet Airways was not admitted by Predecessor of this Commission for the reasons that the complaint is silent about the fact that why he and his wife were not allowed to board the flight.  

7.                From the facts of the complaint and affidavit of the complainant, the issuance of the tickets Ex. C1 and Ex. C2 in pursuance of payment made in cash by the complainant to opposite party No.2 stands proved. The evidence produced by the complainant has remained unrebutted due to non appearance of opposite party No.2. The complainant succeeds in proving his claim. In the complaint, there are recitals to the fact that they had to shell out the extra amount for booking ticket in urgent category but they have not presented any documentary evidence containing the details of the tickets and the payment so made by him. Under these circumstances, it would be just and appropriate if opposite party No.2 is directed to refund the amount of Rs.1,95,000/- to the complainant along with interest @8% per annum from the date of payment till actual payment along with composite cost of Rs.10,000/-.

8.                As a result of above discussion, the complaint is allowed with direction to opposite party No.2 to refund the amount of Rs.1,95,000/- to the complainant along with interest @8% per annum from 09.10.2018 till date of actual payment within 30 days from the date of receipt of copy of order. Opposite party No.2 shall further pay a composite cost of rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 9.               Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                      President         

 

Announced in Open Commission.

Dated:13.12.2022.

Gobind Ram.

 

 

Jasbir Singh Vs Jet Airways                                   CC/21/365

Present:       Sh. Amandeep Bhanot, Advocate for complainant.

                   Complaint against OP1 not admitted vide order dated 27.08.2021.

                   OP2 exparte.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed with direction to opposite party No.2 to refund the amount of Rs.1,95,000/- to the complainant along with interest @8% per annum from 09.10.2018 till date of actual payment within 30 days from the date of receipt of copy of order. Opposite party No.2 shall further pay a composite cost of rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                      President         

 

Announced in Open Commission.

Dated:13.12.2022.

Gobind Ram.