Tamil Nadu

South Chennai

CC/151/2014

Mrs.Emelda Joe - Complainant(s)

Versus

Jet Airways(India) Ltd - Opp.Party(s)

M/s. BRP Associates

05 Aug 2019

ORDER

                                                                  Complaint presented on : 13.03.2014

                                                                    Date of Disposal            : 05.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.151/2014

DATED THIS MONDAY THE 05^TH DAY OF AUGUST 2019

                                 

1. Mrs. Emelda Joe,

W/o. Thiru. P.J.X. Vedanayagam,

No.114, Pudupalayam Main Road,

Cuddalore – 607 001.   

 

2.  Mrs. Kayalvizhi Arivazhagan,

W/o. Mr. Arivazhagan,

Siva Brindha Illam,

D33, 7^th Cross, Thillai Nagar West,

Tiruchirapalli – 620 018.

 

3. Mrs. Saraswathi Kannan,

W/o. Thiru. Kannan,

‘Akil House’, No.19, Balaji Layout,

Opp. Velan Hotel, Pudur Pirivu Road,

Tirupur – 641 604.                                                     .. Complainants.                                      

                                                                                           ..Versus..

1. M/s. Jet Airways (India),

Rep. by its Managing Director,

Having Branch Office at Chennai:

Thapar House,

No.43/44, Montieth Road,

(Opp. to Hotel Ambassador Pallava),

Egmore,

Chennai – 600 008.

 

2. Deccan Air Services (P) Ltd.,

Rep. by its Managing Director,

2D, “CALVE CHATEAU”, Old No.8,

Poonamalle High Road,

Kilpauk,

Chennai – 600 010.

3. Airports Authority of India,

Rep. by Airport Manager,

Domestic Terminal,

Chennai Airport,

Tirusulam,

Chennai – 600 027.                                                 ..  Opposite parties.

 

Counsel for the complainants        : M/s. BRP Associates

opposite parties 1 & 2                    : Exparte

Counsel for the 3^rd opposite party : Mr. C.K.M. Appaji

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.50,000/- towards the cost of Air ticket, cost of subsequent travel and cost of meals along with interest at the rate of 16% p.a. comprehended monthly from the date of filing of this complaint and to pay a sum of Rs.1,00,000/- by way of compensation for mental agony, distress, negligence and deficiency in service cost to the complainants.

1.    The averments of the complaint in brief are as follows:-

The complainants submit that they are the members of International Inner Wheel Organisation.  The complainants had to take part in the District Chairmen’s Training Institute held at Kolhapur, Maharashtra on 01.04.2013.  The complainants preferred the services of the 1^st opposite party, Jet Airways.  The complainants booked tickets through the 2^nd opposite party bearing Nos. ETKT589-2632844639, ETKT-589263244640 and ETKT-5892632844641 respectively.  As per the ticket, the departure of the flight No.9 W 2375 was at 05.35 AM on 1^st April 2013.  The complainants submit that after due security check up, the boarding passes was issued at 04.40 hours at the counter of the 1^st opposite party and witnessed through reply notice of the 1^st opposite party and thereafter, the complainants were waited near the counter of the 1^st opposite party for the announcement regarding the departure of the flight.   But no announcement was made for flight No.9W 2375 evenafter the scheduled departure time.  Suspecting that, the complainant went to the counter of the 1^st opposite party and made enquiry and the complainants were shocked to see their baggages lying unattended near the counter of the 1^st opposite party.  On enquiry, the 1^st opposite party’s staff informed the complainants that the flight No.9W-2375 has left after several announcements. The complainants submit that while requesting to refund the ticket amount, the 1^st opposite party’s staff replied in a threatening tone and the complainants were driven out of the airport.  The act of the opposite parties amounts to deficiency in service.  The complainants issued notice dated:15.04.2013 and 21.04.2013 for which, the 1^st opposite party sent a reply dated:22.04.2013 & 02.05.2013 with false allegations but not come forward to settle the demands of the complainants.  The act of the opposite parties 1 to 3 amount to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite parties 1 & 2 has not appeared in this Forum and the opposite parties 1 & 2 were set ex-parte.  

3.      The brief averments in the written version filed by 3^rd opposite party is as follows:

The 3^rd opposite party specifically denies each and every allegations made in the complaint and put the complainant to strict proof of the same.   The 3^rd opposite party states that all the allegations raised in the complaint are service related to the 1^st opposite party for consideration and the 2^nd opposite party is the travel agency through whom, the services were availed.   The 3^rd opposite party has nothing to do with services of the complainants and the 1^st opposite party.  The 3^rd opposite party is an unnecessary party.   The complainants herein booked the tickets belongs to the 1^st opposite party through the 2^nd opposite party for travelling from Chennai to Pune on 01.04.2014.  The flight departed on  01.04.2014 at 05.30 A.M.  and the complainants reached their destination well in advance, underwent scrutiny test and obtained boarding pass etc by 04.40 A.M. itself.   But the flight announcement and display of flight information are done by the concerned Airline.   From the averments, it is clear that the 3^rd opposite party has no role in the matter and thus, the complainants have no cause of action against the 3^rd opposite party.   The 3^rd opposite party is an unnecessary party to the complaint and thus the complaint is not maintainable against the 3^rd opposite party and hence, the complaint is liable to be dismissed as against the 3^rd opposite party as mis-joinder of party.

4.     To prove the averments in the complaint, the complainants have filed proof affidavit as their evidence and documents Ex.A1 to Ex.A11 are marked.  Proof affidavit of the 3^rd opposite party is filed and no document is marked on the side of the 3^rd opposite party.

5.      The points for consideration is:-

1.  Whether the complainants are entitled to a sum of Rs.50,000/- towards the cost of air tickets, cost of subsequent travel, cost of meals with interest at the rate of 16% p.a. as prayed for?
2. Whether the complainants are entitled to a sum of Rs.1,00,000/- towards compensation for mental agony, deficiency in service with cost as prayed for?

6.      On point:-

The opposite parties 1 & 2 after receipt of the notice not appeared in this Forum and set ex-parte.   The complainants and 3^rd opposite party filed their respective written arguments.  The complainants has not filed any written argument and not turned to advance any oral argument.  Heard the 3^rd opposite party’s Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainants pleaded and contended they are the members of International Inner Wheel Organisation.  The complainants had to take part in the District Chairmen’s Training Institute held at Kolhapur, Maharashtra on 01.04.2013.  The complainants preferred the services of the 1^st opposite party Jet Airways.  The complainants booked tickets through the 2^nd opposite party bearing Nos. ETKT589-2632844639, ETKT-589263244640 and ETKT-5892632844641 respectively.  Ex.A1 to Ex.A3 are the copies e-tickets.  As per the ticket, the departure of the flight No.9 W 2375 was at 05.35 AM on 1^st April 2013.  Further the contention of the complainants is that after due security check up, the boarding passes was issued at 04.40 hours at the counter of the 1^st opposite party is admitted in the reply.  Thereafter, the complainants were waited near the counter of the 1^st opposite party for the announcement regarding the departure of the flight.   But no announcement was made for flight No.9W 2375 evenafter the scheduled departure time.  Suspecting that, the complainant went to the counter of the 1^st opposite party and made enquiry and the complainants were shocked to see their baggages lying unattended near the counter of the 1^st opposite party.  On enquiry, the 1^st opposite party’s staff informed the complainants that the flight No.9W-2375 has left after several announcements. 

7.     Further the contention of the complainants is that while requesting to refund the ticket amount, the 1^st opposite party’s staff replied in a threatening tone and the complainants were driven out of the airport.  The act of the opposite parties amounts to deficiency in service.  The complainants issued notice dated:15.04.2013 and 21.04.2013 as per Ex.A4 & Ex.A5 for which, the 1^st opposite party sent a reply dated:22.04.2013 & 02.05.2013 with untenable contentions as per Ex.A6 & Ex.A9.  The complainants are claiming the refund of the cost of the ticket  Rs.50,000/-, cost of meals etc with interest at the rate of 16% p.a.  On a careful perusal of Ex.A1 to Ex.A3, the complainants have expended a sum of Rs.3,312/- each.  The complainants are claiming a sum of Rs.1,00,000/- towards compensation for deficiency in service etc and cost.

8.     The learned Counsel for the 3^rd opposite party would contend that all  the allegation raised in the complaint are service related to the 1^st opposite party for consideration and the 2^nd opposite party is the travel agency through whom, the services were availed.   The 3^rd opposite party has nothing to do with services of the complainants and the 1^st opposite party.  The 3^rd opposite party is an unnecessary party.   Thereby, this case is bad for mis-joinder of party.  Admittedly, the complainants booked the tickets belongs to the 1^st opposite party through the 2^nd opposite party for the travel from Chennai to Pune on 01.04.2014.  The flight departed on  01.04.2014 after due security check and issuance of boarding pass etc.  The allegation that there was no announcement of flight is absolutely false.  The complainants even after security check up has not boarded the flight within the relevant time.  The negligence is on the part of the complainants. The allegation that no announcement of flight is absolutely false.  The flight after due announcement departed from the airport in the relevant time after several  announcements and thereby, the opposite parties was compelled to take out the baggages of the complainants and returned to them.  There is no negligence on the part of the opposite parties.  But on a careful perusal of Ex.A9, reply notice, it is very clear that “They had done a web check-in on 31.03.2013 and reported to the check in counters on 01.04.2013 at 420 hours to re-print their boarding pass and check in their luggage of 2 pcs 20 kgs.  This being a base flight, boarding pass commenced at 440 hours and the last guest boarded that flight at 0508 hrs”.  “In order to avert delay, final boarding calls and paging announcements were made with their names before offloading them from the flight. However despite of this exercise, we did not get any response from them in time.  As your client could not be located and they failed to appear till closure of departure gates, they were offloaded from the flight along with their baggages which were returned to them at the check-in counter”.  On the other hand, as per Ex.A1 to Ex.A3 the departure time is 05.35.  The opposite parties has not stated anything about the departure time mentioned in Ex.A1 to Ex.A3 tickets.  The opposite parties admittedly take off the flight at 05.08 hrs against the time departure time given in Ex.A1 to Ex.A3 tickets.  Equally, the opposite parties admitted in their reply notice that the complainants were offloaded from the flight along with their baggages without any reason amounts to deficiency in service.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 are jointly and severally shall refund a sum of Rs.3312/- x 3 = Rs.9,936/- with a compensation of Rs.10,000/- for mental agony and cost of Rs.5,000/- to the complainants.

In the result, this complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to refund a sum of Rs.9,936/- (Rupees Nine thousand nine hundred and thirty six only) and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainants.  

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 05^th day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	02.01.2013	Copy of e-ticket No.5892632844639
Ex.A2	02.01.2013	Copy of e-ticket No.5892632844540
Ex.A3	02.01.2013	Copy of e-ticket No.5892632844641
Ex.A4	15.04.2013	Copy of notice sent by the complainant to opposite parties
Ex.A5	21.04.2013	Copy of amended notice sent by the complainants to opposite parties
Ex.A6	22.04.2013	Copy of previous reply notice sent by the 1st opposite party
Ex.A7	22.04.2013	Copy of acknowledgement of receipt of notice by the opposite parties 1 & 2
Ex.A8	23.04.2013	Copy of postal receipts
Ex.A9	02.05.2013	Copy of subsequent reply notice sent by the 1st opposite party
Ex.A10	04.05.2013	Copy of RTI application sent by the 1st complainant to PIO, Regional Office, Chennai Airport
Ex.A11	10.05.2013	Copy of reply given to RTI application of the 1st complainant dated:04.05.2013

 

3^RD OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

                              

MEMBER                                                                                PRESIDENT