In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 333 / 2009.
1) Dr. Anibrata Maji,
Flat No. G-108, 40/2, B.T. Road, Kolkata-700002. ---------- Complainant
---Versus---
1) Jetlite Pvt. Ltd., Co. Jet Airways Pvt. Ltd.,
Netaji Subhas Chandra Bose International Airport,
B.T.B., 1st Floor, Kolkata-700052.
2) The Reservation Manager, Jetlite Pvt. Ltd., Co. Jet Airways Pvt. Ltd.,
S.M. Centre, Andari, Kurla Road, Andari East, Mumbai-59.
3) Harish Pramanik, Authorised Agent of Royan Tour & Travel,
56, Borathala Road, Ishita Apartment, Kolkata-700099.
4) Royan Tour & Travel,
43, Karaya Road, Circus Avenue, Kolkata-700017. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 26 Dated 21/08/2012.
The petition of complaint has been filed by the complainant Dr. Anibrata Maji against the o.ps. Jetlite Pvt. Ltd. and others. The case of the complainant in short is that complainant is a bona fide passenger of o.p. nos.1 and 2. Complainant purchased six Jetlite Tickets to the tune of Rs.15,000/- from Ryan Tours & Travels on 29.2.08 through Mr. Harish Pramanik who is associated with Ryan Tour & Travels (o.p. nos.3 and 4) for traveling in flight no.62166 from Srinagar to Delhi on 5.6.08. Subsequently complainant made arrangements for his family which included 4 adults and 2 children on Rajdhani Express to travel from Delhi to Howrah on 5.6.08. The scheduled flight was supposed to leave Srinagar at 10-05 and reach Delhi at 11-25 a.m. allowing the complainant adequate time to catch the Howrah Rajdhani train which leaves Delhi at 5-00 p.m.
Thereafter, on reaching Srinagar Airport on 5.6.08 at 8-00 a.m. Complainant was informed them that the Jetlite Flight 2166 has been postponed to 2-55 p.m. neither the respondent authorities had been informed before hand about the delay. Complainant was in a state of shock. Complainant met the Manager of Jetlite Pvt. Ltd. at the Srinagar Airport and tried to explain the gravity of the situation. Complainant was in dire and nails for catching the train to Howrah if complainant had to travel by flight at 2-55 p.m.
Finding no other alternative complainant had to cancel the Jetlite tickets and circumstances forced him to buy six Spice Jet Tickets costing Rs.52,194/- that was the only option left for him to reach Delhi on time to catch the Howrah bound Rajdhani which leaves Delhi at 5-00 p.m. The Spice Jet officials were very co-operative in accommodating them fully understanding their pathetic flight.
Complainant is a paediatric consultant and Dr. J. Sen, a consultant anaesthesist so they were committed to serve their patients from 6.6.08 in Kolkata. That was the reason the complainant had to catch the train on 5.6.08.
In spite of buying six tickets, three mostly back from the o.p. nos.3 and 4. The concerned authority failed to inform them about the cancellation. If the complainant was informed before hand, he would have shuffled their traveling plains accordingly to avoid harassment. So o.p. authorities failed their responsibility completely and there was total non-co-operation from the Manager of o.p. no.2 at Srinagar Airport. Complainant had to suffer a lot of mental agony and huge financial losses because of their inefficient services.
Thereafter, by letter by e-mail dt.10.6.08 complainant informed o.p. authority by allegation regarding this situation to be held on 5.6.08 at Srinagar Airport. O.p. no.1 acknowledged the letter of complainant by sending a letter dt. 11.7.08 stating therein “This is to inform you that with concern and forwarded the same to the concerned station forgive us some time so as to revert to you with a precise status for writing to us, we look forward to your continuous patronage with”.
Thereafter, complainant on several occasions approached the o.p. with e-mail letter dt.17.7.08 and 27.7.08 and 3.8.09 respectively but fed up with their false assurances. Hence the case.
O.p. nos.1 and 2 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. O.p. nos.3 and 4 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.3 and 4.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant has got sufficient reason to pray for relief as contained in the prayer portion of the petition of complaint and further we find that o.ps. had sufficient deficiencies on their part as is clearly reflected from the materials on record being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against o.p. nos.1 and 2 and ex parte with cost against o.p. nos.3 and 4. All o.ps. are jointly and/or severally directed to pay a sum of Rs.75,000/- (Rupees seventy five thousand) only towards compensation for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply free certified copy of this order to the parties as per section 21(1) of the Consumer Protection Regulation
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MEMBER MEMBER PRESIDENT
