| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No.290 of 2014 Date of Institution: 23-05-2014 Date of Decision: 07-07-2015 - Shri Vikas Khanna.
- Shri Shivam Khanna
- Sh.Aayush Khanna minor through its natural guardian Shri Vikas Khanna.
- Mrs.Rachna Khanna
- Mrs.Alka Khanna, all residents of 32, Anand Avenue, Amritsar.
Complainants Versus - Jet Airways (India) Limited, Siroya Centre, sahara Airport Road, Andheri (East), Mumbai-400099 through its Principle Officer.
- Shree Vikas Travels Services (ATQ)-A, 52-A, Rani Ka Bagh, Near P.S.Sadar, Amritsar through its proprietor.
Opposite Parties Complaint under section 11 and 12 of the Consumer Protection Act, 1986 as amended upto date. Present: For the Complainant: Sh. S.K.Sharma, Advocate. For the Opposite Party No.1: Sh.Ajay Mehta, Advocate For the Opposite Party No.2: Exparte. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by the complainants under the provisions of the Consumer Protection Act alleging therein that they got booked Air-tickets i.e. e-tickets through Opposite Party No.2 at Amritsar for 2 ways i.e. from Amritsar to Kolkata via Delhi and return from Kolkata to Amritsar via Delhi vide e-tickets bearing Nos.589-4147260164 to 589-4147260167 and 589-4340168502 to 589-4340168503 for departure on 12.12.2013 and return ticket on 18.12.2013 and got confirmed tickets for the same were duly issued by Opposite Parties No.1 & 2 in the names of complainants against the consideration which were duly paid by them against receipt issued by the Opposite Parties. The flight was through Aircraft Boeing 737-800. Complainants allege that accordingly as per the confirmed tickets, the complainants reached Kolkata on 12.12.2013 and on return, they reached from Kolkata to Delhi on 18.12.2013 and they had to travel from Delhi to Amritsar through flight No.Jet Airways-9W 2791, but the said flight was cancelled without any sufficient cause and reason and the complainants were surprised when they were, at the nick of time, told that this flight was cancelled and the complainants had to reach Amritsar by arranging their own without taking any kind of responsibility by Airport Authorities to arrange their seats in the next flight. However, seeing no other way out, the complainants demanded the refund of their tickets fare to the tune of Rs.5800/- each for the complaints No.1 to 4 and Rs.6500/- each for complainants No.5 and 6, which the complainants had paid at the time of booking for one side journey from Kolkata to Amritsar and as per their demands, jet airways had noted on the tickets that the amount be refunded to them by the Opposite Party No.2. However, with great difficulty, by spending huge amount, the complainants reached Amritsar from Delhi. Thereafter, the complainants approached the Opposite Party No.2 and requested for the refund of their tickets money as per the Jet Airways, but they flatly refused to accede to the genuine demand and requests of the complainant an totally refused to refund the tickets amount. The complainants are legally entitled to get the refund of the total amount of one way tickets fares from Opposite Parties as they had booked the tickets from Kolkata to Amritsar, but the authorities had left them stranded in between the journey without providing any alternative. So, in this way, the complainants are entitled to the refund of the total amount of the tickets of one side journey which amounts to Rs.36,200/- to the complainants alongwith interest @ 24% per annum from 12.12.2013 onwards till the payment is made to the complainants. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to refund the amount of Rs.36,200/- to the complainants alongwith interest @ 24% per annum from 12.12.2013 onwards till the payment is made to the complainant. Compensation and litigation expenses were also demanded.
- On notice, Opposite Party No.1 appeared and filed written version in which it was submitted that the flight No.9W-2791 that was to operate from New Delhi to Amritsar was cancelled on account of bad weather prevailing at Amritsar, a meteorological condition that is beyond the control of any airline. It is further submitted that flight No.9W-2791 that was to operate from New Delhi to Chandigarh on 18.12.2013 was cancelled due to bad weather prevailing at Amritsar. Subsequent to this event, the complainants were accommodated on the next available flight No.9W 740. However, the said flight was also cancelled due to bad weather. In so far, as the refund of the tickets is concerned, the complainants are entitled to this refund and for which, they need to approach Opposite Party No.2 and the Opposite Party No.1 can not be made liable to pay compensation to the complainants as per Rule 1.4 & 1.5 of Section 3 under the Civil Aviation Requirements, Series ‘M’ Part IV. Opposite Party No.1 would like to clarify that the complainants are entitled to the refund only in respect of their travel initiated from New Delhi to Amritsar that had got cancelled due to bad weather. As far as the travel initiated by the complainants for their onward journey from Amritsar to Kolkata via New Delhi is concerned, the tickets for these have been completely utilized by the complainants. In view of the aforesaid, it is submitted that the complainants are not entitled to any refund on these utilized sectors. While denying and controverting other allegations, dismissal of complaint was prayed.
- None appeared on behalf of Opposite Party No.2, so Opposite Party No.2 was proceeded against exparte vide order dated 23.9.2014 of this Forum.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C7 and closed the evidence on behalf of the complainant.
- Opposite Party No.1 tendered into evidence affidavit of Sh.Munish Maru, Manager Ex.OP1/1 alongwith documents Ex.OP1/2 to Ex.OP1/4 and closed the evidence on behalf of the Opposite Party No.1
- We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant and his family members jointly got booked Air-tickets i.e. e-tickets (Ex.C2) through Opposite Party No.2 at Amritsar for 2 ways i.e. from Amritsar to Kolkata via Delhi and return from Kolkata to Amritsar via Delhi vide e-tickets bearing Nos.589-4147260164 to 589-4147260167 and 589-4340168502 to 589-4340168503 for departure on 12.12.2013 and return ticket on 18.12.2013 and as per the schedule, the complainants had to travel from Delhi to Amritsar through flight No.9W 2791, but the said flight was cancelled by Opposite Party No.1 without any sufficient cause and reason and the complainants were told about the cancellation of the flight at the nick of time and the complainants were forced to reach Amritsar by arranging their own and the Opposite Party No.1 did not take any responsibility to arrange the seats for the complainants in the next flight. Seeing no other way out, the complainants demanded the refund of their tickets fare to the tune of Rs.5800/- each for the complaints No.1 to 4 and Rs.6500/- each for complainants No.5 and 6, which the complainants had paid at the time of booking for one side journey from Kolkata to Amritsar, but the Opposite Party No.1 did not refund the amount to the complainants. However, with great difficulty, by spending huge amount, the complainants reached Amritsar from Delhi, even thereafter, the complainants approached the Opposite Party No.2 for the refund of the tickets amount, but the Opposite Parties did not pay any heed to the request of the complainants. Apart from this, the complainants suffered great mental pain, tension inconvenience and harassment in reaching Amritsar from Delhi as the Opposite Party No.1 did not make any alternative arrangement for the complainants. Ld.counsel for the complainants submitted that all this amounts to deficiency of service on the part of the Opposite Parties qua the complainants.
- Whereas the case of the Opposite Party No.1 is that the flight No.9W-2791 from New Delhi to Amritsar on 18.12.2013 was cancelled on account of bad weather prevailing at Amritsar that was due to meteorological condition which was beyond the control of any airline. Subsequent to this event, the complainants were accommodated on the next available flight No.9W 740. However, the said flight was also cancelled due to bad weather. As regard the refund of the tickets, the complainants need to approach Opposite Party No.2 who is agent of Opposite Party No.1. Opposite Party No.1 further submitted that they can not be made liable to pay compensation to the complainants as per Rule 1.4 & 1.5 of Section 3 under the Civil Aviation Requirements, Series ‘M’ Part IV. Opposite Party No.1 further submitted that the complainants are entitled to the refund only in respect of their travel initiated from New Delhi to Amritsar that had got cancelled due to bad weather. As far as the travel initiated by the complainants for their onward journey from Amritsar to Kolkata via New Delhi is concerned, the tickets for these have been completely utilized by the complainants. In view of the aforesaid, it is submitted that the complainants are not entitled to any refund on these utilized sectors. Ld.counsel for the Opposite Party No.1 submitted that there is no deficiency of service on the part of the Opposite Party No.1.
- From the entire above discussion, we have come to the conclusion that the complainants got booked return air tickets i.e. e-tickets of Opposite Party No.1 through Opposite Party No.2 from Amritsar to Kolkata via Delhi for 12.12.2013 and return from Kolkata to Amritsar via Delhi for 18.12.2013 vide e-tickets Ex.C2. It is admitted case of the complainants that they reached Kolkata from Amritsar via Delhi on 12.12.2013 as per schedule. Similarly, on return all the complainants reached from Kolkata to Delhi on 18.12.2013 as per schedule on e-tickets Ex.C2. However, they had to travel from Delhi to Amritsar through flight No. 9W 2791 of Opposite Party No.1, but the said flight was cancelled by Opposite Party No.1 at the nick of time. Opposite Party No.1 also did not make any alternative arrangements for the travel of the complainants from Delhi to Amritsar and the complainants had to make their own arrangements to reach Amritsar from Delhi by spending huge amount. The case of Opposite Party No.1 is that said flight No. 9W 2791 of Opposite Party No.1 from Delhi to Amritsar on 18.12.2013 was cancelled due to bad weather prevailing at Amritsar which was meteorological condition and was beyond the control of Opposite Party No.1. If the Opposite Party No.1 had to cancel the flight No. 9W 2791 from Delhi to Amritsa on 18.12.2013, Opposite Party No.1 was bound to make alternative arrangements for the travelers i.e. complainants for journey from Delhi to Amritsar on 18.12.2013 or the Opposite Party No.1 was bound to accommodate the complainants in the next available flight. Opposite Party No.1 in their written version has stated that the complainants were to be accommodated on the next available flight No.9W 740, but that flight was also cancelled due to bad weather. So all this fully proves that Opposite Party No.1 did not make any alternative arrangement for the travel of the complainants from Delhi to Amritsar nor refund the proportionate amount of travelling expenses of the complainants from Delhi to Amritsar and the complainants had to make their own arrangements to reach Amritsar from Delhi. As such, the complainants are entitled to the amount spent by the complainants to reach Amritsar from Delhi by making their own arrangements and the Opposite Party No.1 is liable to reimburse the amount so spent by the complainants to reach Amritsar from Delhi. However, the complainants did not produce any document in the form of bill, receipt of the vehicle through which they reached Amritsar from Delhi. However, it is clear that they might have hired big taxi for Amritsar from Delhi as the complainants were 6 in number and it is not possible to travel 6 persons in ordinary small taxi. As such, they might have spent about Rs.10,000/- as fare of such taxi from Delhi to Amritsar. So the complainants are held entitled to this amount of Rs. 10,000/- as fare which they might have spent on the vehicle through which they reached Amritsar from Delhi on 18.12.2013.
- Further as Opposite Party No.1 did not make any alternative arrangements i.e. stay of the complainants at Delhi and arrangements of alternative vehicle to reach Amritsar from Delhi and the complainants had to make their own arrangements. As such, the complainants suffered mental pain, tension, inconvenience and harassment and they also had to spend more time to reach Amritsar from Delhi, than they would have spent time through aeroplane to reach Amritsar from Delhi. Resultantly, we hold that the complainants are entitled to compensation.
- Consequently, the complaint filed by the complainants is hereby allowed with costs and the Opposite Party No.1 is directed to pay Rs.10,000/- to the complainants on account of taxi fare (as detailed above) for reaching Amritsar from Delhi. Opposite Party No.1 is also directed to pay Rs.10,000/- as compensation to the complainant for causing them mental pain, tension, inconvenience and harassment. The Opposite Party No.1 is also directed to pay litigation expenses to the tune of Rs.2,000/- to the complainant. The compliance of this order be made by Opposite Party No.1 within one month from the date of receipt of copy of this order. Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 07-07-2015. (Bhupinder Singh) President hrg (Anoop Sharma) (Kulwant Kaur Bajwa) Member Member | |
