IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SONITPUR AT TEZPUR
District: Sonitpur
Present: Smti A. Devee
President,
District Consumer D.R Forum,
Sonitpur, Tezpur
Sri P.Das,
Member,
District Consumer Disputes
Redressal Forum,Sonitpur
Smti S.Bora Member
District Consumer Disputes
Redressal Forum,Sonitpur
CONSUMER COMPLAINT NO.03/2018
1.Sri Abhijit Kar : Complainant
S/o Sri Amalendu Kar
2.Smt Sayamoni Kar
W/o Sri Abhijit Kar
3.Ms Adhrija Kar
D/o Sri Abhijit Kar
(All residents of Polo field Bamungaon
P.O-Tezpur-784001,Assam)
Vs.
1.Jet Airways(India)Ltd., Jet Air : Opp.party
13 Community Centre Yusuf Sarai,Delhi-110049
2.Softpro Tour & Travels : Proforma Opp. party
N.C Road, Ananta Complex, Ground Floor,Tezpur
Dist:Sonitpur,Assam-784001
Appearance:
Mr A.Kar,Adv. : For the Complainant
Mr. B. Sharma,Adv. : For the Opp. Party No.1
None : For Opp. No.2
Date of argument : 26-09-18, 20-10-18
Date of Judgment : 29-10-18
Contd.Pg/2
(PG..2)
J U D G M E N T
Written by Mrs S.Bora (Member)
- The brief fact of the case is that the complainant Sri A.Kar, with the intent of flying from Kolkata to Guwahati purchased Airticket on 29/12/17 from Jet Airways, i.e., opp. party for himself, his wife and his daughter. The complainant purchased the Airticket at Tezpur from the Airlines authorized counter viz., Softpro Tours and Travels, situated at N. B. Road, Ananta Complex, Tezpur. The complainant purchased the ticket for their journey from Kolkata to Guwahati per flight No.Jet Airways/9W903 on 01/01/2018. The total amount paid for the ticket was Rs.10,830/-. After purchasing the ticket the complainant was surprised to see that the fare of the flight from Kolkata to Tezpur was shown at Rs.6,300/- and the tax shown was Rs.4,503/-According to the complainant, the flight ticket being of economy class the maximum of tax that can be charged was @5%, i.e, Rs.315/- on the base fare of Rs.6,300/- and the total price should have been Rs.6,615/-. The complainant queried the opp. party over higher side of tax, but the opp. party utterly failed to disclose the basis of tax charged. After reaching Kolkota the complainant raised the matter before the person manning the counter of Jet Airways and protested over unfair trade practice adopted by the service provider to earn illegal gain in the name of tax. But in vain. Thus, the complainant has filed this instant case alleging deficiency in service on the part of the opp. party and prayed relief of a total sum of Rs.10,000/- that includes the amount unfairly charged in the name of tax and for mental agony, pain, cost and expenses. Although the proforma opp. party has been impleaded as a necessary party as the Airticket was purchased through the proforma opp. party, but no relief is claimed against this proforma opp. party.
- Opp. party has contested the case by filing written version whereunder it has claimed non-maintainability of the case, denied any deficiency on its part and prayed for dismissal of the complaint. It is contended that as regards realisation of excess charge in tax, the same is all wrong and baseless and as such, disputed and denied. It is however, admitted by opp. party that it had received Rs.4,503/- from the complainant in the name of tax and the base fare is Rs.6,300/-.
- Complainant has exhibited 4 nos of documents. Both the parties have submitted evidence on affidavit of one witness of each. Witnesses on both sides are cross-examined. Complainant has submitted written argument.
- Heard both the parties and also gone through the written argument submitted by the complainant. We have also gone through the entire materials on record. The points for determination are –
i)Whether there is any deficiency in service on the part of the opp. party ?
ii)Whether complainant is entitled to get any relief as prayed for ?
As both the points are inter related, therefore, those are taken up together for discussion.
Contd.Pg..3
(Pg..3)
- The main dispute is excess amount of tax charged. The complainant in order to substantiate his claim has produced a computer generated sheet titled “Impact of GST on Airfare” in which it is shown that the rate of GST for economy class is 5%. We also find that although opp. party has come up with the detail heads of realization of the amount of the airticket in their evidence, but the very ticket with which the complainants undertook their journey,to this Forum, lacks proper display of the heads of realization and break up of the additonal amount charged as “Tax”. Moreover, complainant in the complaint and in his evidence on affidavit as C.W.1 categorically stated that immediately on arrival at Kolkata airport he had raised objection about the exorbitant amount of tax charged before the person manning the counter of Jet Airways. But he had not received any response. As the complainants had purchased Airticket for their journey through the Jet Airways, so they, in our opinion, are consumer within the definition of Sec. 2(1)(d) of the Consumer Protection Act . As such they being consumer have every right to know in details about the rate of tax charged and how the amount of tax comes at Rs.1,501/- per ticket when base fare for the entire ticket is Rs.6,300/-.
- That apart, opp. party also failed to forward any statement either in the written version or in the evidence of D.W.1 as to what action they had taken to let the complainant know the rate of tax or other charges levied upon the complainant when objection as to exorbitant amount of tax charged was raised.
- As earlier stated, a consumer has every right to know in details about the tax or other charges and the service provider is duty bound to satisfy the consumer by giving all the information in details. This, thus in our considered opinion constitute deficiency in service on the part of the opp. party and the complainant in our considered opinion is entitled to some sort of relief for deficiency in service on the part of opp. party in keeping silence as to the tax charged when objection is raised by the complainant. Therefore, we deem it fit and proper to direct the opp. party not to repeat such behaviour in future towards any customer whenever any objection is raised.
- Further, having regards to the entire facts discussed above, in our opinion, interest of justice would meet both ends if the opp. party is directed to pay a lump sum amount of Rs.5,000/-(Rupees Five thousand)only to the complainant for deficiency in service, mental pain, agony etc.
O R D E R
In the result, the complaint stands allowed. Opp. party, Jet Airways is directed to pay a lump sum amount of Rs.5,000/-(Rupees Five thousand)only to the complainant for deficiency in service, mental pain, agony etc. The case against proforma opp. party stands dismissed. Opp. party is directed to
Contd. Pg..4
(Pg..4)
comply with the judgement and order within 30(thirty) days of receipt of copy of the judgment and order.
Given under our hands and seal of this Forum this 29th day of Oct,2018.
Corrected by: ( Smt S.Bora)
Member
We agree:- (A. DEVEE)
President
District Consumer Disputes Redressal Forum Sonitpur,Tezpur
(Sri P.Das)
Member
