Haryana

StateCommission

A/707/2015

SPICEJET LTD. - Complainant(s)

Versus

MOHINDER SINGH - Opp.Party(s)

CHAND DEEP JINDAL

02 May 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.707 of 2015

Date of the Institution: 28.08.2015

Date of Decision: 02.05.2017

 

Spicejet Ltd. Through Sr. Manager (Legal), 319, Udyog Vihar, Phase-IV, Gurgaon, Haryana, India.

                                                                             .….Appellants

 

Versus

 

1. Mohinder Singh Saini, S/o Sh.Deep Chand
2. Suman Lata W/o Mohinder Saini
3. Himanshu S/o Mohinder Saini
4. Shaifali D/o Mohinder Singh Saini All r/o H.No.1879, Sector-12, Sonepat.
5. M/s GO Travels, 21 Indra Prakash Building, 506, 5^th Floor Barakhamba Road, New Delhi.

                                                                             .….Respondents

 

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    None for the appellant.

                   Mr.Pardeep Panwar, Advocate counsel for the respondent Nos.1 to 4.

 

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

          It was alleged by complainants that when they were searching tour programme on internet they came across O.P. no.1 who offered two packages i.e. one standard and another deluxe.  They opted for Delux package costing Rs.16999/- per person and after including other charges to the tune of Rs.17500/- per head. Ultimately they paid Rs.74,000/- for four persons including air fare from Delhi to Goa of Spice Jet and other facilities.  E-mail to this effect was sent by O.Ps. on 16.06.2014 at 05.07 PM.  On next day an employee of O.P.No.1 told that it was individual package. They deposited aforesaid amount in the account of O.Ps. in Bank of Baroda, Delhi.  Respondent no.1 sent package details, hotel vouchers and air tickets etc. but changed stay programme on 22.06.2014. They started from house at 12.30 P.M., but, due to traffic jam reached air port at about 3.00 P.M. Staff of O.P.No.2 allowed them to enter airport, but, officials at check in process  officials of O.P.No.2 told that boarding  doors of flight close 45 minutes before departure and they reached 30 minutes prior to boarding. They were advised to go to counter for change of flight, but, it was told that tickets were not changeable. Due to unfair trade practice they suffered loss and O.Ps. be directed to refund Rs.72,000/- alongwith interest and other compensation etc., as mentioned in the complaint.

2.      As O.P.No.1-M/s Go Travels was proceeded ex parte, so only O.P.No.2-Spice Jet Ltd.,  filed reply controverting their averments and alleged that  concerned consumer forum was not having territorial jurisdiction because offer was made and accepted at Delhi and entire transaction also took place at Delhi.  This was commercial transaction which took place in between it and M/s Trans Global Tour and Travels on 13.06.2014 (In short “Global Tours”).  Global tours booked flight tickets under group booking scheme of 14 persons and made arrangements. As per tour programme the persons were to go on 22.06.2014 vide flight SG-846 and to come back on 26.06.2014 vide SG-847. The departure time was 03.35 P.M. whereas complainants reported at  boarding pass counter at 03.20 P.M. when the same was closed. They did not report at counter on 26.06.2014 for flight SG 847 and seats remained vacant. Check in starts two hours before scheduled departure and close 45 minutes prior to schedule  time because passengers had to undergo security check etc. as per Aviation rules. There was no deficiency in service on it’s part. Objections about maintainability of complaint, locus standi etc. were also raised and requested to dismiss complaint.

3.      After hearing both the parties, the learned District Consumer Disputes Redressal Forum, Sonepat (in short “District Forum”) allowed complaint vide impugned order dated 06.04.2015 and directed the O.Ps. to refund the amount of Rs.74,000/- to the complainants alongwith interest @ 09% per annum from the date of filing of the present complaint till realization.

4.      Feeling aggrieved therefrom, the O.P.No.2 has preferred this appeal.

5.      As none has appeared on behalf of the appellant since three dates and matter is pertaining to the year 2015, so arguments of only counsel for respondents are heard. File perused.

6.      Learned counsel for the respondents vehemently argued that they were little bit late due to student agitation and reached airport at 03.20 P.M., but, were not allowed to board flight. They requested to cancel their return tickets but that was not done. Learned District Forum rightly came to conclusion that there was deficiency in service on the part of the O.Ps. and allowed the complaint, so the appeal be dismissed.

7.      This argument is devoid of any force.  As per pleadings of the parties  and perusal of Ex.C-A it is clear that it was tour package and the tickets were not booked for individual person.   In this tour the complainants paid Rs.74,000/-.  From the perusal of Ex.C-Q it is clear that no amount was refundable because global tours already made payments to concerned persons. Complainants have miserably  failed to show that they were entitled to withdraw at any stage. Complainants have produced conditions Ex.C-O about check in pertaining to “Go Travels”,  whereas they were to board Spice Jet and instructions were placed on the file by O.P.No.2. Even as per Ex.C-O boarding pass was to be obtained from check in counter at least 45 minutes prior to scheduled departure time, whereas in the present case complainants reached airport 15 minutes before departure time. On the basis of this evidence, it is clear that there was no deficiency in service on the part of the O.ps.  Learned District Forum failed to take into consideration all these aspects, so impugned order dated 06.04.2015 is set aside and appeal is allowed.

8.      The statutory amount of Rs.25000/- deposited at the time of filing of the appeal be refunded to the appellant against proper receipt and identification.

 

May 2nd, 2017

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.