Tamil Nadu

StateCommission

A/157/2018

M/s. Make my trip India pvt Ltd by its Managing director, and another - Complainant(s)

Versus

Mr.V. Natary Vellingiri, Coimbatore-641 001. - Opp.Party(s)

M/s. B. Dhanasekaran

15 Dec 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

 

                               BEFORE :       Hon’ble Mr. Justice R. SUBBIAH                              PRESIDENT

                                             Thiru R  VENKATESAPERUMAL                               MEMBER

                        

F.A.NO.157/2018

(Against order in CC.NO.108/2016 on the file of the DCDRC, Chennai (North)

 

DATED THIS THE 15^th DAY OF DECEMBER 2022

 

1.     M/s. Make My Trip (India) Pvt. Ltd.,

        Rep. by its Managing Director

        Tower A.S.P. Infocity

        No.243, Udyog Vihar, Phase-I

        Gurgaon, Haryana- 122 016

 

2.     M/s. Make My Trip (India) Pvt. Ltd.,

        Rep. by its Managing Director                                    M/s/ B. Dhanasekaran

        No.10, First Floor, Khader New Az Khan Road                      Counsel for

        Nungambakkam, Chennai – 600 034                            Appellants / Opposite parties

 

                                                         Vs.

1.       V. Nataraj Vellingiri

          S/o. Vellingiri

          New No.105, Old No.63, Ramar Koil Street               M/s. S. Anandakumar

          South Ukkadam                                                              Counsel for

          Coimbatore – 641 001                                      Respondent/ Complainant

 

2.       Spice Jet Airlines

          Having its Corporate Head Office at Spice Jet Ltd.,

          319, Udyog Vihar Phase IV

          Gurgaon, Haryana- 122 016                      2^nd Respondent/ 3^rd Opposite party

 

          The 1^st Respondent as complainant filed a complaint before the District Commission against the Appellants/ opposite parties praying for certain direction. The District Commission allowed the complaint. Against the said exparte order, this appeal is preferred by the 1 & 2 opposite parties praying to set aside the order of the District Commission dt.14.3.2018 in CC. No.108/2016. 

 

          The appellants /1& 2 opposite parties had filed a petition praying to implead M/s. Spice Jet Airlines as a 2^nd Respondent in the appeal, which was allowed as per the order in CMP.No.194/2021 dt.12.4.2022.

 

          This petition coming before us for hearing finally today.  Upon hearing the arguments of the counsel appearing for appellant, perusing the documents, lower court records, and the order passed by the District Commission, this commission made the following order in the open court:

 

JUSTICE R. SUBBIAH ,  PRESIDENT  (Open court)

 

1.      The 1^st & 2^nd opposite parties before the District Commission are the appellants herein.

 

2.    The case of the complainant before the District Commission is that  the complainant and his friend planned to go to pilgrimage trip to Dharmasala, and had booked ticket on 29.7.2015 through 2^nd opposite party for travelling on 28.8.2015.  Due to some unavoidable circumstances, the complainant’s friend opted to cancel his ticket.   Therefore, the complainant had cancelled the ticket of his friend, through the opposite parties website on 27.8.2015.  But the 2^nd opposite party, wrongly cancelled the ticket of the complainant, instead of his friend.  For cancellation a penalty of R.2050/- was collected and a sum of Rs.3799/- was refunded.  The complainant came to know about the cancellation of his ticket, only on the date of travel, through Spice Jet Customer Care.  Therefore, he had to book an alternate ticket on 28.8.2015 by incurring a sum of Rs.8994/- for two passengers.  Thus alleging negligence on the part of the opposite parties, the complainant filed a complaint praying for fund of Rs.6049/- towards refund, and to pay Rs.4497/- for the purchase of alternate ticket alongwith cancellation charges of Rs.2050/-. 

 

3.       The   Appellant/ opposite party though appeared through counsel before the District Commission, and also filed their  version,  have failed to file their proof affidavit, hence an exparte order was passed in favour of the Respondent/ complainant,  directing the opposite parties to refund a sum of Rs.8299/- towards ticket amount alongwith compensation of Rs.50000/- and cost of Rs.5000/-.  

 

4.       The   appellants/ opposite parties had submitted in their version that the complaint is bad for non-joinder of necessary parties viz. Spice Jet Airlines.  The opposite parties have further submitted that on a thorough verification it was found that the wrong cancellation had been done by the Airlines and not by the opposite parties.  The airlines also had processed full refund to the complainant.  These opposite parties also had refunded a sum of Rs.3799/- towards post deduction charges, and also sent an apology letter to the complainant.  Thus prayed for dismissal of the complaint.

 

5.       The District Commission has held that the opposite parties themselves have admitted their negligence, but refunded only Rs.3799/- against the total amount of Rs.12098/-.  Therefore, there is deficiency in service on the part of the opposite parties, and had allowed the complaint and directed the appellants/ opposite parties to refund a sum of Rs.8299/- towards ticket amount  alongwith compensation and cost.  Aggrieved over the said order, the opposite parties are before us now as appellants.

 

6.       The Petitioner/ appellants would contend that in the absence of Spice Jet Airlines as a party to the proceedings, no effective decree could be passed.  Therefore, while pending proceedings of the appeal, the appellants/ 1^st and 2^nd opposite parties have filed a petition in CMP.No.194/2021, praying to implead M/s. Spice Jet Limited as 2^nd Respondent in the appeal, which was allowed. 

 

7.       Though notice had been served to M/s. Spice Jet Airlines, they prefer to remain absent before this commission.  

 

8.       The Appellants/ opposite parties would contend that the non-filing of proof affidavit before the District Commission is neither willful nor wanton.  Thus prayed for an opportunity to contest the case on merit.

 

9.       Having considered the submissions made, we find some force in the submissions of the appellants that the complaint is bad for non-joinder of necessary parties, and considering the fact that the opposite parties had diligently filed their written version, we are of the considered opinion that a chance may be given to the appellants/ opposite parties to agitate their right on merit.  Eventhough on considering the lethargic attitude of the opposite parties,  we are inclined to allow this appeal on imposing certain cost, and by way of order dt.6.12.2022 we have directed the appellants/ opposite parties to pay a sum of Rs.3000/- towards cost to the Legal aid account of the State Commission on or before 14.12.2022, which was complied with.  Hence this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal. 

10.     Since the allegation of the complainant is revolving against the opposite parties as well as against the Spice Jet Airlines, as prayed for by the appellants/opposite parties they have been impleaded as a party to the appeal.  Accordingly, the District Commission is hereby ordered to direct and permit the Respondent/ complainant to implead M/s. Spice Jet Airlines as a 3^rd opposite party in the complaint, on filing an appropriate application and after issuing notice to the newly added party, and permitting them to file their reply and after hearing all the parties, decide the complaint on merit.

 

11.     In the result, the appeal is allowed by setting aside the order of  the District Commission, Chennai (North), in C.C.No.108/2016 dt.14.3.2018, and the matter is remanded back to the District Commission, Chennai (North), for fresh disposal according to law on merit.

Parties are directed to appear before the District Commission, Chennai (North) on 13.1.2023, for taking further instructions, on which date itself the proof affidavit of the appellants/ opposite parties alongwith documents if any shall be filed.  The District Commission is directed to permit the Respondent/ complainant to implead M/s. Spice Jet Airlines as a 3^rd opposite party in the complaint, and after issuing notice to the newly added party, and permitting them to file their version as per law, and after hearing all the parties, dispose of the complaint as expeditiously, according to law on merit .   

 

The amount deposited, by the appellants, shall remain in the custody of this commission, till the order passed in original complaint, on merit.

 

 

 

 

   R VENKATESAPERUMAL                                                            R. SUBBIAH

                 MEMBER                                                                             PRESIDENT