BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ADDITIONAL BENCH,                                                                              MANGALORE

Dated this the 24^thNovember 2016

PRESENT

 SRI. VISHWESHWARA BHAT D   : HON BLE PRESIDENT

 SRI. T.C. RAJASHEKAR                : MEMBER

ORDER IN

C.C.No.161/2013

(Admitted on 31.05.2013)

1. RamaprasadBalegulli

    S/o Krishna Nayak,

    Aged about 30 years,

2. Smt. SandyaNayak,

     W/o RamaprasadBaleguli,

     Aged about 25 years,

     Both are R/at Marakka House,

     Aryapur Post & Village,

     PutturTaluk, D.K.

                                                   ….. COMPLAINANTS

(Advocate for the Complainant: Sri SD)

VERSUS

Managing Director,

Jet Airways,

1.4, M.Block, Unity Building,

J.C. Road, Bangalore  02.

                                                …..........OPPOSITE PARTY

(Advocate for the Opposite Party: Sri. SN)

ORDER DELIVERED BY HON BLE PRESIDENT

SRI. VISHWESHWARA BHAT D:

I.       1. The above complaint filed under Section 12 of the Consumer Protection Act alleging deficiency in service against claiming certain reliefs. 

The brief facts of the case are as under:

The complainant contends they booked through M/s Uniglobe Bangalore in their office branch at Mangalore air tickets in the opposite party air line on 24.12.2012 to go to Chandigarh can Bangalore and to return on the same route on 29.12.2012 by payingRs.18,890/. On 24.12.2012 the airline started from Bangalore at 12.50 pm was supposed to reach Chandigarh at 16.55 am via Delhibut the opposite party airline landed at Delhi Airport did not proceed further.  The opposite parties Airline office at Delhi did not given satisfactory answer to the complainant and failed to give any arrangement of transport of complainant from Delhi to Chandigarh. Complainants then travelled to ChandigarhthroughR.K Travels by paying Rs.5,500/ and they incurred Rs.12,000/ to reach Chandigarh.  E-mail was sent to opposite party on 29.12.2012 and legal notice on 20.2.2013. Opposite party issued reply dated 6.3.2013.  Hence seeks refund for Rs.21,445/ with 12% interest, Rs.50,000/ compensation and expenses of Rs.20,000/

II.     opposite party filed written statement denying the entire allegations and stating the case pertaining to flight no. S2 4238 operated by Jet Light (I) Ltd and not Jet Airways (I)Ltd.  Hence opposite party wrongly arrayed a party to the complainant And Air Jet Light (I) Ltd in necessary partly. 

2. It is further claimed there is no deficiency in service there is no consumer dispute and there is no unfair trade practice.  The cause of action has not taken place in the Mangalore within the jurisdiction of this Forum.  The complainants boarded the flight at Bangalore.  Booking of the tickets as alleged in the complaint denied and loss the travelling journey is also denied. To e-mail from the complainant reply was given to the legal notice reply was sent stating that the matter is under investigation.  The alleged entitlement for refund and commission and cost were disputed.  Jet light (I)Ltd and Jet Airway (I)Ltd has two difference legal entities.  Hence seeks dismissal of the complainant. 

          3. In support of the above complainant Mr. Ramaprasad Baleguli filed affidavit evidence as CW1 and answered the interrogatories served on him and produced documents got marked Ex C1 to C10 detailed in the annexure here below.  On behalf of the opposite party Mr. Sudhendra Pai (RW1) Assistant Manager Key Accounts, Jet Airways (I) Ltd, Mangalore also filed affidavit evidence and answered the interrogatories served on him and produced documents.

III.     In view of the above said facts, the points for consideration in the case are:

1. What order?

      We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:         

Point No. (i): Whether this Forum has Territorial Jurisdiction to try the case                       

  Point No. (ii): As per the final order.              

                                                                             REASONS

IV.      POINTS No. (i):Ex.C1 and C1A is the boarding pass issued to complainantsat Bangalore Airport for journey in S2 4238 and the boarding pass shows the starting point of journeyhas Bangalore and the destination at Delhi.  Ex.C2 is the Air ticket purchased by complainants at M/s Uniglobeair travel Bangalore.  And letters mention the agency of Bangalore only and there is no mention of Mangalore.   There is no indication to show that the ticket was purchased in the office of Bangalore unit Bureau at Mangalore.  Thus as neither the journey generated from within the territorialjurisdiction of thisforum nor intended point of termination of journey or diverted point of journey is within the territorial jurisdiction of this forum.  There are no document to show even the tickets were purchased by the complainants at Mangalore.  Hence we are of the view the grounds urged for opposite part that this Forum has no territorial jurisdiction for considering this case is liable to the upheld.  As such the compliant shall be returned to complainant for presentation before the appropriate forum.  Hence the following order.

POINTS No. (ii):Wherefore the following order:

ORDER

Return the complaint to the complainants for presentation before the forum of TerritorialJurisdiction.

Copy of this order as per statutory requirements, be forward to the parties free of costs and file shall be consigned to record room.

(Page No.1 to 5 Dictated to the Stenographer typed by her, revised and pronouncedin the open court on this the 24^thNovember 2016)

ANNEXURE

Witnesses examined on behalf of the Complainants:

CW1 Mr. RamaprasadBaleguli

Documents marked on behalf of the Complainants:

Ex C1& C1(a): 24.12.2012  Original boarding pass issued by the Opposite party (2 in numbers)

Ex C2: 25.09.2012                Original Reservation Ticket issued By the agent

Ex C3: 24.12.2012                 Original Credit memo issued by R.K. Travels

ExC4: 29.12.2012                 E-mail sent by the 1^st complainant

Ex.C5: 14.01.2013                 Another reply issued by the Opposite party

Ex.C6:  14.01.2013                 Reply issued by the 1^st complainant

Ex.C7: 31.12.2012                  Reply of the opposite party

Ex.C8: 29.12.2012 Reply of the opposite party

Ex.C9:20.20.2013                   O/c of regd notice

Ex.C10: 06.03.2013                 Reply of the opposite party

Witnesses examined on behalf of the Opposite Party:

RW1:  Mr.SudhendraPai, Assistan Manager-Key Accounts

Documents producedon behalf of the Opposite Party:

No.1: Copy of the certificated of registration of Jet Lite (I) Ltd

No.2: letter of Authorization

Dated:  24.11.2016                             PRESIDENT