Tamil Nadu

StateCommission

Fa/437/2013

Spicejet Ltd. ,Rep by its General Manager - Complainant(s)

Versus

K.V.Krishnamoorthy & 4 others - Opp.Party(s)

M.Sneha

17 Apr 2015

ORDER

 

                         BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION,CHENNAI

BEFORE :  HON’BLE THIRU JUSTICE R.REGUPATHI                     PRESIDENT

                                                           THIRU.J.JAYARAM                                                         JUDICIAL MEMBER

                                                           TMT.P.BAKIYAVATHI                                                     MEMBER

                                                                                               F.A.NO.437/2013

(Against the order in CC.No.10/2013, dated 30.07.2013 on the file of DCDRF, Coimbatore)

DATED THIS THE 17^th DAY OF APRIL 2015

M/s.Spicejet Ltd,

Represented by its General Manager,

Registered Office at

Murasoli Maran Tower,                                            Appellant / Opposite party

No.37 MRC Nagar Main Road,

MRC Nagar, Chennai 600 028.

                              Vs

1. K.V.Krishnamoorthy,

    S/o.K.C.Venkatakrishnan

2. Mrs.Prema Krishnamoorthy,

3. Mr.K.C.S.Babu,

4. Mrs.Kamala Babu,

5. Mrs.Rajalakshmi Ganesan                                    Respondents / Complainants

All are at

No.A 308, Srivatsa Platinum Apartments,

Thadagam Road, Coimbatore 641 025.

          This appeal coming before us for final hearing on 05.02.2015 and on hearing the arguments on both sides and upon perusing the material records, this Commission made the following order:

Counsel for Appellant/ Respondent     :    M/s.M.Sneha             

Counsel for Respondents/ Complainants :  M/s.T.Ravikumar

J.JAYARAM,  JUDICIAL MEMBER

1.       The appeal is filed by the opposite party against the order of the District Forum, Coimbatore in CC.No.10/2013, dated 30.07.2013 allowing the complaint.

2.       The case of the complainant is that they had purchased flight tickets in the Airways service of the opposite party on 19.10.2012 for the travel on 26.10.2012 from Coimbatore to Bangalore for departing  from Coimbatore at 13.13 hours and arriving at Bangalore at 14.50 hours, paying total fare of Rs.19,840/-.  On the date of departure the flight was cancelled causing inconvenience, loss of money and mental agony to the complainants due to the deficiency in service on the part of the opposite party and hence the complaint.

3.       According to the opposite party the flight was cancelled due to technical snag developed at Bangalore which was detected by Aircraft Maintenance staff and there is no deficiency in service on their part.

4.       The District Forum considered the rival contentions and allowed the complaint holding that there is deficiency in service on the part of the opposite party who failed to inform the complainants about the cancellation of the flight well in advance.

5.       Aggrieved by the impugned order the opposite party has preferred this appeal.

6.       The opposite party / appellant would contend that the flight was cancelled due to technical snag which was detected by the Aircraft Maintenance staff at Bangalore and the flight had to be cancelled due to unavoidable circumstances.

7.       Admittedly the 1^st complainant purchased flight tickets for himself and other complainants  for  their  journey from Coimbatore to Bangalore on 19.10.2012  for their travel on 26.10.2012 and admittedly on 25.10.2012 the opposite party sent SMS to the 1^st complainant informing that the flight had been preponed by 15 minutes and the time of departure would be 13.15 hours and on 26.10.2012 the opposite party sent another SMS at 13.29.14hours confirming the date of departure of the flight viz 26.10.2012 and on 26.10.2012 the complainant went to Airport at Coimbatore and the security check formalities were completed at about 13.12.hours and the opposite party announced that the flight was delayed and the time of departure would be 15.45 hours approximately and sometime later the opposite party further announced that the flight would depart at about 15.15 minutes and further announced stating that the approximate departure would be 15.15 hours and suddenly at about 15 hours the opposite party announced that the flight was cancelled due to technical snag and having no other way the complainants travelled by Jet Airways by purchasing the tickets for Rs.50,810/-.

8.       It is pertinent to note that on 25.10.2012 itself the opposite party has sent SMS to the 1^st complainant stating that the flight had been preponed by 15 minutes on 26.10.2012 and subsequently several SMS messages have sent to the complainant.

9.       On consideration of the entire materials on record we are of the view that the opposite party had every chance to inform the complainants much earlier regarding the cancellation of the flight and also to make alternative arrangements; but the opposite party failed to inform the complainants regarding the cancellation of the flight at the earliest point of time that could be and further they failed to make alternative arrangements and we hold that there is deficiency in service on the part of the opposite party.

10.     The District Forum has allowed the complaint holding that there is deficiency of service on the part of the opposite party and passed an order directing the opposite party to pay a sum of Rs.50,810/- being the ticket price paid by the first complainant to Jet Airways for purchase of tickets for the journey from Coimbatore to Chennai and then from Chennai to Bangalore to the complainants and to pay a sum of Rs.1200/- being the taxi charges from Bangalore Airport to Bangalore City railway station to the complainants and to pay a sum of Rs.10,000/- to each complainant as compensation for mental agony caused due to the deficiency in service on the part of the opposite party and to pay costs of Rs.1000/-.

11.     Considering the facts and circumstances of the case we feel that the sum of Rs.1200/- claimed as taxi fare need not be granted and we feel that award of Rs.10,000/- as compensation for mental agony to each of the complainants is on the higher side and we are inclined to reduce the compensation for mental agony to  Rs.2000/- to each complainant. Otherwise there is no infirmity in the order of the District Forum.

12.     In the result, the appeal is partly allowed modifying the order of the District Forum by setting aside the award of Rs.1200/- being the taxi fare and reducing the compensation for mental agony to Rs.2000/- (Rupees Two thousand only) to each complainant instead of Rs.10000/- each and confirming the rest of the order.  No order as to costs in the appeal.

 

P.BAKIAYAVATHI                    J.JAYARAM                             R.REGUPATHI

    MEMBER                             (J) MEMBER                               PRESIDENT

         

INDEX; YES/ NO

VL/D;/PJM/CONSUMER