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.04/2017

1.Sudipta Baruah                                                            :           Complainants

S/o Sri Durga Parasad Baruah

Resident of B.C. Road, Kolibari Near Old Ban Theatre

Tezpur, Dist: Sonitpur, Assam

Vs.                      

1.Jet Airways(India)Ltd.                                   :           Opp. party

(Registered and Corporate office)

Ground Floor, Siroya Centre, Sahar Airport Road

Andheri East Mumbai 400099

2. Jet Airways(India)Ltd.

House No.19,1^st  Floor, MD Tayabullah Road

Dighalipukhuri, East Guwahati

Assam 781001

Appearance:

Mr Sudesh.K. Singh, Advocate.                                                   :               For the Complainant

Mr. Thaneswar Nath, Advocate                                                  :               For the Opp. party

Date of argument                                                                                                :               15-02-2018 & 28-02-18

Date of Judgment                                                                                               :               14-03-18

JUDGMENT

1. The facts leading to the complaint,in brief, are that the complainant with the intent of flying from Delhi to Guwahati by Jet Airways on 24-05-16 booked e-airtickets on 20-5-16 for himself and his two other friends through his credit card facility and accordingly got confirmation of the booking from the Opposite party’s Booking Cell (Make mytrip for himself and his two other friends by making payment of Rs.45,480/- through Credit Card.The opposite party on 24-05-16 informed that the database system of the opposite party showed no charge having been made for PNR-NBHIEN and therefore, requested the complainant to send his complete credit card number or the bank statement reflecting the charges for the company. The complainant thereafter, complied with the same and requested to refund the deducted sum of Rs.24,735/- at the earliest which was shown to have been deducted on 20-05-2016 from the complainant’s Credit Card account and credited into the account of Jet Airways,Mumbai. After remaining silent for three days the opposite party on 14-06-16 again requested the complainant to provide his complete card number, on the ground that they were unable to trace any charge for the company, which was immediately complied with by the complainant. But the opposite party after silence of a week’s time informed the complainant on 21-06-16 that as per the company’s record INR 24,735/- had been charged against PNR XPBFE which is ticketed.The complainant immediately on 22-06-16 informed the opposite party  via e-mail that he had never ever received any e-airticket from Jet Airways against PNR XPBFE questioning the opposite party as to why at all the airtickets were not mailed earlier if the e-airtickets had really been issued  against the amount deducted and could then learn that the e-tickets were mailed on 25-05-16 to an e-mail id [sudipta1971@yahoo.com] which is not the email account of this complainant. Alleging callous attitude on the part of the opposite party, in mailing e- tickets to a different i/d and more particularly the act of sending e-tickets on 25-05-16 for travel date of 24-05-16 and thereby subjecting the complainant and his two friends to inconvenience, harassment, mental pain and agony for no fault of theirs, the complainant has thus prayed a relief of Rs.3,95,215/- as compensation from the opposite party.
2. Opposite party contested the case by filing written version whereunder, claiming non-mainatainability of the case, it had denied of any sum having been

realized from the complainant against PNR “NBHIEN”. The opposite party, rather had, under para “d” of its written version alleged that Complainant having realized the error committed at the initial stage by ticking the checkbox shown on the webpage and thereby subscribing to medical assistance, initiated booking of e-ticket afresh during which the PNR “XPBFEJ” was  generated afresh. According to the opposite party booking of ticket was put on hold till clearance of medical clearance.Hence, tickets could not be confirmed and payment thereof was not possible. However, on second attempt of booking by using alternate e-mail i/d, tickets were confirmed and sent to the Complainant. But he failed to reach the airport on the date of travel and thus missed the flight. The opposite party denied any deficiency on its part and prayed for dismissal of the complaint with cost.

3. Complainant, to substantiate his complaint tendered evidence on affidavit exhibiting several documents thereunder.He was cross examined by opposite party. Opposite party however failed to adduce evidence despite sufficient opportunities extended to it.
4. Inspite of availing sufficient opportunities the learned counsel for the Complainant failed to advance any argument.However, opposite party filed written argument on 15-2-18. We have meticulously gone through the entire materials on record including the written argument submitted for the opposite party and the following points are carved out for determination.

i)Whether there was deficiency in service on the part of the opposite party?

ii)Whether complainant is entitled to get any relief’/reliefs as prayed for?

DECISION ON THE POINTS WITH DISCUSSION

5.Point No.(i): Ld. Counsel for the opposite party submitted that on cancellation of the airtickets the Complainant never called or requested the opposite party to refund the amount. On a  careful scrutiny of the pleadings of the parties, it is found crystal clear that at the time of booking airticket online on 20-05-2016 Complainant commited mistake by putting tick mark in the box meant for medical assistance. Therefore, though PNR was generated, ticketing was put on hold for failure of the Complainant to complete the required formalities for medical assistance.

6.         Complainant categorically stated that price for the ticket amounting to Rs.24,735/- had been paid through credit card(HDFC Bank Jet Privelege Card) of the Complainant. On cancellation of the tickets, despite there being several reminders, opposite parties failed to refund the amount.

7.         Vide Ext-11, one Prakashan Prabhakar requested the Complainant to furnish complete Card number.In response to Ext-11,Complainant vide Ext-12 furnished credit card number with credit card statement for reference.Vide Ext-14, Complainant was informed that the amount of Rs.24,735/- was charged against PNR XPBFE which was ticketed.According to the Complainant, no e-airticket had even been received by him from Jet Airways .Vide Ext-16, Complainant was informed that e-ticket was sent to e-mail address (th May at 20:16 hours. On the otherhand, Ext-5 shows that on 22-05-2016 booking was cancelled.

8.         Correspondences between the parties,as discussed above, has led us to hold that what have been claimed by the ld.advocate for the opposite party is not at all sustainable. Again, if booking was cancelled on 22-05-2016, why ticket was sent- that too, on 25^th May? Complainant, furthermore, booked Airticket from Delhi to Guwahati on 24-5-2016 as stated in the complaint and evidence. Complainant stated that e-mail id

 9.        On a meticulous scrutiny of correspondences made by the parties, we have found that the Complainant had been using two e-mail ids. One th May,2016 (Ext-7) sent to the Complainant by the opposite party makes it abundantly clear that opposite party knew both the e-mail i/ds. Said e-mail i/ds as is apparent on the face of Ext-7, do not include

11.        The above discussion shows that the opposite party failed to perform its duties in the manner and standard which is required to be maintained in relation to its service to the customer. In the result Point No.(i) is decided in the affirmative.

Point No.(ii) :-Complainant prayed for –

i) Refund of the cost of airtickets amounting to Rs.24,735/-that was deducted from the Credit Card

    account of the Complainant.

(ii)An amount of Rs.45,480/- as the amount that had to be unnecessarily spent due to inaction  and

     deficient service of the opposite party;

(iii)Compensation of Rs.3,00,000/-for causing inconvenience,harassment mental pain and agony to

      him and his two friends;

(iv)An amount of Rs.25,000/- as cost of litigation.

            Complainant during cross-examination stated-

“I received confirmation of booking on 20-05-16 with PNR number NBHIEN generated. I did not immediately extract a printout of the tickets. I have not submitted any documents to substantiate the fact that my tickets booked on 20-05-16 on Jet Airways were confirmed. Though I received mail asking me to submit medical certificates in prescribed forms to be down loaded from the website of the opposite party company, but on attempting to locate for the same and get the hardcopy printout of the ticket the very next date through application of the PNR number allotted, I no longer could find the same displaying or its existence anymore. On the date of booking the tickets on 20-05-16 I did not click on the checkbox for any medical assistance. It is not a fact that as I have not followed the guidelines as required by the opposite party company like that of medical information etc.,the PNR number got cancelled. I have two mail IDs viz.,(1) sudiptabaruah_2000@yahoo.com and another sudiptaemail ID a different PNR number XPBFE was generated. On 23-05-16 I received four SMS (Ext.17) by which, I was requested to report two hours prior to departure of the flight number S24721 from Delhi-Guwahati. Though in the four messages that were received on 23-05-16 there was no indication of the flight number on which I booked for the first time on 20-05-16, but since I did not make any other booking on the same date so I presumed that the messages corresponds to the first booking of ticket that I made on 20-05-2016. While I was asked to submit detail of credit card and statement, I submitted the same and from perusal of the statement of my credit card, it is seen that on 20-05-16, an amount of Rs.24,735/- was debited to my credit card account in favour of Jet Airways, Mumbai”.

           12.       Our foregoing discussion made in deciding Point No.(i) reveals that the opposite party failed to forward the e-tickets to the Complainant. Cross-examination of the Complainant reproduced above, clearly reveals that SMS dtd. 23^rd May,2016 did not contain flight number.

13.       Complainant by adducing evidence proved that for the act of the opposite party,he had to purchase tickets for three persons for traveling from Delhi to Guwahati through Makemytrip by praying an amount of Rs.45,480/- by using his Credit Card.

14.       Had there been no deficiency, Complainant and his two companions would not have to purchase ticket by paying Rs.45,480/- that means by paying an excess amount of Rs.20,745/- .

15.       For the aforesaid reason, Complainant, in our opinion, is entitled to get back Rs.24,735/- plus Rs.20,745/- from the opposite party (i.e. Rs.45,480/-in total).Having considered the entire facts and inconvenience caused to the Complainant, we deem it fit and proper to fix a lumpsum amount of Rs.20,000/-(Twenty thousand) as compensation and cost of litigation.The amount of Rs.45,480/- shall carry an interest @9% per annum from the date of filing complaint.

                                                            O R D E R

            In the result, the complaint stands allowed. Opposite party is directed to pay to the complainant a total sum of Rs.65,480/-(Sixty five thousand four hundred eighty)only plus interest @9% per annum on Rs.45,480/- from the date of filing complaint till realization in full. Opposite party is directed to comply with the above award within a period of 30(thirty)days of receipt of the copy of judgment and order.                                                     

           Given under our hands and seal of this Forum this 14th day of March, 2018.

Dictated and corrected by:                                             Pronounced and delivered

             ( A.Devee)

President                                                                              (A. DEVEE)

District Consumer D.R Forum,Sonitpur                                                                President

Tezpur                                                 District Consumer Disputes Redressal Forum                                                                                                             Sonitpur,Tezpur

We  agree:-             (P.DAS)      (SMT.S.BORA)                                                

                                  Member                    Member