Tamil Nadu

South Chennai

50/2009

Mr.Thangachalam - Complainant(s)

Versus

Jet Airways,Manager - Opp.Party(s)

Dharmarajan

22 Jun 2018

ORDER

                                                                        Date of Filing  : 24.12.2008

                                                                          Date of Order : 22.06.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.50 /2009

DATED THIS FRIDAY THE 22^ND DAY OF JUNE 2018

                                 

Mr. Thanigachalam,

S/o. Thiru. T.C. Murugesan,

No.16, 3^rd Cross Street,

1^st Floor, Shenoy Nagar,

Chennai – 600 030.                                                .. Complainant.                                           

 

                                                                               ..Versus..

1. Jet Airways,

Rep. by its Manager,

Customer Care,

No.43/44, Montieth Road,

Chennai – 600 008.

 

2.  Maharaja Tourism Development Pvt. Ltd.,

No.8, Sivaram Sastry Street,

1^st Floor, Park Town,

Chennai – 600 001.                                         ..  Opposite parties.

 

Counsel for complainant           :  M/s. N.L. Rajah & others

Counsel for 1^st opposite party  :  M/s. Gupta & another

Counsel for 2^nd opposite party  :  Exparte

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to refund the air fare of Rs.39,159/-, to pay a sum of Rs.5,00,000/- towards compensation for mental agony and monetary loss suffered by the complainant with cost of the complaint.

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

The complainant submits that he had booked air ticket through the opposite party airlines and due tickets also issued in flight No.9W846 for the journey dated: 25.05.2008.   While the complainant reaching the airport before 6 A.M. in the morning, it was informed that the flight had left 90 minutes back scheduled to the departure time.  On enquiry with the Jet airways counter by the complainant, it was informed that they were unable to contact the complainant’s travel agent with regard to the change of scheduled departure time.  The opposite party also informed the complainant that the full amount will be refunded without any compensation.  Further the complainant submits that due to the change of departure time of the flight, the complainant and his total family was disappointed in performing  the tour upto the extent of Jammu and Amritsar resulting great mental agony.  Further the complainant states that it is not easy to plan such a tour with his aged parents of 78 & 72 respectively in future.  Therefore, the complainant issued legal notice dated:16.06.2008 to the 1^st opposite party and the 1^st opposite party sent a reply dated:23.06.2008 explaining that on investigation they will send a detailed reply but has not sent any detailed reply.  The act of the opposite parties caused great hardship and mental agony and hence the complaint is filed.

  2.   The brief averments in the written version filed by the 1^st opposite party is as follows:

The 1^st opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The 1^st opposite party states that the complainant booked tickets through his agent M/s Maharaja Tourism Development to travel in flight No.9W 846 on 25.05.2008 scheduled to depart at 7:45 hours.  Due to runway closure at the Amritsar Airport the flight time was re-scheduled at 6:20 hours instead 7.45 hours.  The 1^st opposite party also duly informed all the passengers and the booking agents with regard to the change of schedule time.   The complainant’s travel agent M/s Maharaja Tourism Development has not been provided the complainant’s contact details while booking the ticket for which, the 1^st opposite party is not liable.  Further the 1^st opposite party states that the change of scheduled time was duly informed to the 2^nd opposite party and the ticket fare also refunded to the agents.  There is no deficiency in service on the part of the 1^st opposite party since the runway was closed at Amritsar caused to re-scheulde the time and the ticket fare also duly refunded to the travel agent.   Hence the complaint has to be dismissed.

3.     Inspite of receipt of the notice, the 2^nd opposite party,  failed to appear before this Forum. Therefore, the 2^nd opposite party was set Exparte for non-appearance.

4.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A3 are marked.  Proof affidavit of the 1^st opposite party filed and documents Ex.B1 to Ex.B3 are filed and marked on the side of the 1^st opposite party.

5.     The point for consideration is:-

Whether the complainant is entitled to refund a sum of Rs.39,159/- paid towards air ticket fare with a compensation of Rs.5,00,000/- for mental agony as prayed for with cost?

6.     On point:

The 2^nd opposite party remained Exparte.   Heard both sides.  Written arguments filed on both sides.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that he had booked an air ticket through the opposite party airlines and due tickets also issued in flight No.9W846 for journey dated: 25.05.2008 as per Ex.A1.   While the complainant reaching the airport before 6 A.M. in the morning, it was informed that the flight had left 90 minutes back scheduled to the departure time.  On enquiry with the Jet airways counter by the complainant, it was informed that they were unable to contact the complainant’s travel agent with regard to the change of scheduled departure time.  The opposite party also informed the complainant that the full amount will be refunded without any compensation.  Further the complainant contended that due to the change of departure time of the flight, the complainant and his total family was disappointed in performing the tour upto the extent of Jammu and Amritsar resulting great mental agony.  Further the complainant contended that it is not easy to plan such a tour with his aged parents of 78 & 72 respectively in future which caused much hardship.  Further the contention of the complainant is that the 1^st opposite party in its written version and proof affidavit specifically stated that the amount has been refunded to the agents accordingly after change of departure time of the flight.  But none of the opposite parties came forward to refund the amount with compensation.   The complainant is claiming a sum of Rs.39,159/- towards the ticket fare with compensation of Rs.5,00,000/- with cost.

7.     The contention of the 1^st opposite party is that the complainant booked tickets through his agent M/s Maharaja Tourism Development to travel in flight No.9W 846 on 25.05.2008 scheduled to depart at 7:45 hours. Due to runway closure at the Amritsar Airport the flight time was re-scheduled at 6:20 hours instead 7.45 hours.  The 1^st opposite party also duly informed all the passengers and the booking agents with regard to the change of schedule time.   The complainant’s travel agent M/s Maharaja Tourism Development has not provided the complainant’s contact details while booking the ticket for which, this opposite party cannot be held liable.  Further the contention of the 1^st opposite party is that the change of scheduled time was duly informed to the 2^nd opposite party as per Ex.B1 and the ticket fare also refunded to the agents as per Ex.B3.  The complainant without contacting the 2^nd opposite party and without taking any steps to collect the amount filed this case only against the 1^st opposite party and later on impleaded the 2^nd opposite party.   There is no deficiency in service on the part of the 1^st opposite party since the runway was closed at Amritsar caused to re-schedule the time and the ticket fare also duly refunded to the travel agent.  Considering the facts and circumstances of the case this Forum is of the considered view that the 2^nd opposite party shall pay a sum of Rs.39,159/- towards the cost of air ticket with a compensation of Rs.15,000/- and  cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.  The 2^nd opposite party  is directed to refund a sum of Rs.39,159/- (Rupees Thirty Nine Thousand One Hundred and Fifty Nine only) being the Air Ticket Fare and to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.   The complaint against the 1^st opposite party is hereby dismissed.

The above amounts shall be payablewithin 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 22^nd  day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

		Copy of electronic air ticket of the complainant
		Copy of legal notice issued by the complainant’s Counsel to the 1st opposite party
		Copy of reply from the 1st opposite party to the complainant

 

1^ST OPPOSITE  PARTY SIDE DOCUMENTS:  

Ex.B1		Copy of PNR details
Ex.B2	20.10.2008	Copy of reply to the complainant
Ex.B3		Copy indicating that the amount was refunded to the agent in respect of each passenger

 

 

MEMBER –I                                                                      PRESIDENT