Tripura

West Tripura

CC/45/2015

Sri Amitabha Das & 2 Others. - Complainant(s)

Versus

Managing Director, Jet Airwayas India Ltd. & 1 another. - Opp.Party(s)

Smt.D.Saha, Mr. N.C. Paul.

02 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-   45   of   2015

1. Sri Amitabha Das,
S/O- Sri Ajit Kumar Das,
P.S. Bisramganj, 
District- Sepahijala,
Tripura.

2. Sri Prasanjit Datta,
S/O- Sri Ajit Kumar Datta,
P.O. Bisramganj,
P.S. Bisramganj,
District- Sipahijala,
Tripura.

3. Sri Biswajit Datta,
S/O- Sri Ajit Kumar Datta,
P.O.- Bisramganj,
P.S. Bisramganj,
District- Sepahijala,
Tripura.                 ..........Complainants.

             ___VERSUS___

1. Jet Airways(India) Ltd.,
Represented by its Managing Director,
S.M. Centre,
Andheri, Kurli Road, 
Andheri East,
Mumbai.

2. Hindustan Tour & Travels,
Hindustan Carriers,
7, Laxmi Narayan Bari Road,
Agartala,
Tripura West.               .........Opposite parties.
    

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

For the complainant        : Sri N. C. Pal,
                      Smt. Daliya Saha,
                      Advocates.

For the O.P. No.            :  Sri Pranabashis Majumdar,
                       Advocate.    
                
For the O.P. No. 2            : Sri Mridul Kanti Arya,
                      Sri Samrat Ghosh,
                      Advocates.    
      

        
JUDGMENT  DELIVERED  ON:  02.05.2016

J U D G M E N T

        This case arises on the petition filed by Amitabha Das and 2 others  U/S 12 of the Consumer protection Act. Case is filed against Jet Airways and Hindustan Tour & Travels. Petitioner's case in short is that on 3rd January 2014 petitioner No.1 purchased 3 tickets from Jet Airways from the office of the Hindustan Tours & Travels for travelling by air on 04.01.14. from Kolkata to Agartala. But by message it was informed that the flight was cancelled. Flight will run from Kolkata to Agartala via Guwahati on the next date fixed on 5th January, 2014. Departure time from Kolkata  to Guwahati at 9 P.M. and Guwahati to Agartala at 13.30 P.M.. Accordingly on 05.01.14 the 3 complainants went to Guwahati by that flight then were waiting for flight from Guwahati to Agartala. But it was informed that flight was cancelled. The petitioners were confused and demanded the refund of the fare. The authority of Jet Airways then stated that the refund of amount will be available at Agartala. So, the petitioners came to Agartala from Guwahati by road bearing all inconvenience, made contact with Hindustan Tour & Travells for refund of the amount of Rs.10,500/- but the refund was not made. Inspite of repeated request the O.P. failed to refund the amount. Then advocate's notice given. Thereafter this case was filed before this Forum for redress. 

2.        O.P. No.2, Hindustan Tour & Travels filed W/S stating that the PNR number of the tickets are different so they are not liable to refund  the amount. 
        
3.        Jet Airways also appeared and filed W/S at the late stage. O.P. No.1 in the written statement denied the claim and raised the question of jurisdiction of this Forum. It is stated that the refund could not be given because the agent did not process for refunding. The O.P. No.1, Jet Airways is not responsible for the fault of the Agent. 

4.        On the basis of contention raised by both the parties following points cropped up for determination;
        (I) Whether the petitioner is harassed by the O.Ps?
        (II) Whether the petitioner is entitled to get compensation for  deficiency of service of the O.Ps?

5.        Petitioner produced copy of money receipt, 3 air tickets, advocates notice, registered letter of Jet Airways with AD card, letter written to Hindustan Tours & Travels, discharge summary, Exhibit-1 Series. 
        Petitioner also produced statement on affidavit of Amitabha Das, complainant.
6.        O.P. on the other hand produced civil Aviation Requirement paper, photocopies of air tickets, Produced examination in chief on affidavit of Smt. Chanchala Laskar, proprietor of Hindustan Tours & Travels.
         O.P. also produced statement on affidavit of Koushik Dutta, Station Manager, Jet Airways. 

7.        On the basis of all these evidence we shall now determine the above points.

Findings:
8.        In this instant case petitioner are the residents of West Tripura District. O.P. Hindustan Tours & Travels run business at Agartala. Jet Airways were also running business at Agartala Airport at the relevant point of time. So, this Forum definitely has the jurisdiction to entertain this complaint petition. The Station Manager, Koushik Dutta in the statement on affidavit  para-4 stated that the complainants were clearly informed that the flight for Agartala was cancelled due to bad weather on that day. They were given option for getting full refund of the travel or take next available flight. From the evidence on record it is found that the air tickets were purchased on 3rd January 2014 for availing flight on 4th January 2014 from kolkata to Agartala. The  flight was cancelled. The cause of cancellation not verified. Thereafter it was  informed that the flight will run from Kolkata to Agartala via Guwahati on 5th January, 2014. The petitioners availed that flight and went to Guwahati. From Guwahati they were supposed to come to Agartala by flight No- 9W2620 on 13.30 hours. But that flight was cancelled. Option was not given by Jet Airways for availing journey on next date or subsequently during fair weather. No arrangement made for their stay at Guwahati. The petitioners demanded the refund of the fare but Jet Airways refused to refund it and stated that refund will be available at Agartala only through agent. 

9.        O.P. No.2, Hindustan Tour & Travels the agent did not make any attempt for refund on the ground that the PNR number of the tickets were different. The tickets purchased from his agency was cancelled and then separate PNR number flight tickets were given by Jet Airways for journey on 05.01.14. The flight was from Kolkata to Guwahati and then from Gowahati to Agartala. So, similar PNR number will never be available. But the agent was not convinced and he refused to make out any process for refund of the amount. According to him this journey was performed by the petitioner. It is surprising when the Jet Airways itself admitted that the journey was not performed on 04.01.14 then O.P. No. agent insisted that journey was performed by the petitioners. This is total negligence and deficiency of service by the agent. The agent only raised the technical point that the PNR number was different so he was under no liability to process for refund of the fare. We have gone through the tickets in the body of the ticket Jet Airways clearly recommended full refund of the amount as the flight cancelled due to bad weather. But due to negligence and mis-service of agent process was not done for refund. We have gone through the tickets, boarding passes. Boarding passes was given for journey from Kolkata to Guwahati for 3 passenger. 
10.        Bur the journey was performed up to Guwahati and at Guwahati petitioners were left in miserable condition. They had to come to Agartala by road journey after taking much pain as Jet Airways failed to arrange any other air services for them. Their accommodation for stay or fooding not provided. This is also deficiency of service by Jet Airways. We have scrutinized the evidence as produced by both the parties. From perusal of the tickets (3 nos. tickets) flight was rescheduled on the date of flight by Jet Airways on 5th January 2014 petitioner were again had to go against their will to Guwahati for performing journey to Agartala only. The Jet Airways did not make any attempt for refund and left the petitioners in a helpless condition at Guwahati. The agent Hindustan Tour & Travels  did not take any step for refund of the amount of Rs.10,500/- when petitioner came back to Agartala. This is also deficiency of service by them. 

11.        After going through all evidence on record it is found that the petitioners suffered because of deficiency of service by both Jet Airways and Hindustan Tour & Travels Carriers. In the last 2 years they could not get back their fare and suffered a lot. Both the O.Ps are fully responsible for their deficiency of service. The 2 points are decided accordingly in favour of the petitioners. 

12.        In view of our above findings we direct Jet Airways to refund Rs.10,500/- to the petitioner immediately along with compensation for harassment, mental agony Rs.25,000/-. We direct the O.P. No.2 Hindustan Tour & Travels to pay compensation amounting to Rs.25,000/- to the petitioner. Thus,  Jet Airways is directed to pay Rs.35,500/- and cost of Rs.5000/- total Rs.40,500/-(forty thousand five hundred) to the petitioners. O.P. No.2 Hindustan Tour & Travels is directed to pay Rs.25,000/-(twenty five thousand) to the petitioners. The amount is to be paid within 2(two) months from the date of judgment, if not paid it will carry interest @9% P.A. till the payment is made.      
           
                      
                    Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA.