DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.551 of 2018
Date of institution: 15.05.2018 Date of decision : 13.06.2018
Vimal Chhabra son of Shri Subhash Chander, H.No.2432, Sector 71, SAS Nagar, Mohali 160071.
…….Complainant
Versus
M/s. InterGlobe Aviation Limited (IndiGo) Level 5 Tower D Global Business Park M G Road, Gurgaon Haryana 122002 India.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member.
Present: Complainant in person.
Order by :- Shri G.K. Dhir, President.
Order
Complainant, a resident of SAS Nagar (Mohali) booked Indigo flight from Kolkata to New Delhi (PNR-LBTS5M) for 24.03.2018 for self and three family members consisting of wife and 2 kids through Clear Trip. Date of booking was 26.01.2018. This booking was got done two months in advance than that of the scheduled travel. Complainant paid Rs.8,552/- as booking amount at the time of booking of said Indigo Flight. Complainant reached Kolkata airport around 9.30/10.00 A.M. for boarding flight to New Delhi on 24.03.2018 alongwith his family members. Scheduled departure time was 11.50 A.M. Though complainant and his family kept on standing in the queue for boarding, but the OP refused to issue the boarding passes to complainant and his family members by claiming that as per their system records said PNR LBTS5M stood cancelled. It was disclosed by OP that as per their system records the booking was cancelled on website on 22.03.2018 at 11.43 A.M. Complainant requested the OP repeatedly for about 2-3 hours by pleading that if the tickets were cancelled, then he would not have reached the airport with family members. Complainant further pleaded with OP that he has not received any communication from airline or Clear Trip via SMS about cancellation of tickets. It is claimed that there may have been some system error. Customer support of OP repeatedly claimed that they cannot do anything, but complainant should speak to Clear Trip from where he got the booking done. Before 11.13 AM of 24.03.2018, no communication regarding cancellation of tickets was received by complainant. E-mail regarding cancellation should have been sent to complainant, but same even was not done. When the numerous requests made by complainant to OP remained futile, then complainant made alternate arrangement. As price per ticket of Rs.10,000/- per person for journey from Kolkata to New Delhi on 24.03.2018 via Indigo Airlines was huge and as such complainant managed to send his wife and two children back by paying the booking amount of Rs.25,851/-. Copy of booking of additional flight tickets are also produced with the complaint. Matter was taken up with the OP on 25th, 26th and 28th to 31st March, 2018 continuously, but to no effect. OP claimed that in the event of cancellation of tickets through website, passenger can only get refund of Rs.3,524/- with applicable cancellation charges. OP also provided IP Address; 223.30.207.106 to complainant for disclosing the place from where the booking was cancelled. Complainant claims to have knocked at the door of National Consumer Helpline through online portal and thereafter approached Nodal Officer of OP, but no conclusive reply was received. Even on approaching to Appellate Authority of OP no conclusive reply was received. On approach to Director General of Civil Aviation on 11.04.2018, complainant got reply from OP as if they are working on his e-mail and will reply at the earliest. By relying on the assurances of the OP, complainant kept on waiting for receiving the conclusive reply, but ultimately OP flatly refused to offer any waiver. It is claimed that complainant was kept unaware while cancelling the booked tickets. By pleading that OP adopted unfair trade practice and provided deficient services, this complaint filed for seeking refund of Rs.8,552/-, the price of cancelled tickets. Amount of Rs.25,851/- as additional loss incurred by complainant even claimed alongwith compensation for mental harassment and agony of Rs.50,000/- and litigation expenses of Rs.15,000/-.
2. Arguments at the time of admission stage heard.
3. After going through the complaint and affidavit, it is made out that complainant has no-where mentioned as to from where he did the booking online. If this booking was done through Clear Trip, then why Clear Trip has not been made as a party, qua that no explanation is offered. As booking was done by complainant through Clear Trip and as such OP on receipt of communication from Clear Trip even could have cancelled the tickets. Complainant was to avail services of OP for travelling through its flight from Kolkata to New Delhi on 24.03.2018. Though it is claimed that booking was done on 26.01.2018, but the place from where booking was done has not at all been mentioned in the complaint. Non mentioning of the place of booking enough to establish as if complainant failed to disclose as to where from the amount remitted by him or to whom. As the place where from booking done or the place where from the amount remitted for booking is not at all mentioned and as such it is obvious that this complaint has been filed by complainant just because he is resident of SAS Nagar (Mohali). It is not residence of the complainant that matters for finding territorial jurisdiction of the Forum because after going through provisions of Section 11 of the Consumer Protection Act, 1986 it is made out that the complaint can be filed in the Forum having jurisdiction specified in Clause-2 of Section 11 of CPA.
3. After going through Section 11 (2) of CPA, it is made out that complaint can be filed/instituted in a Forum within local limits of whose jurisdiction, the OP or each of the OPs, where there are more than one, actually and voluntarily resides or carries on business or has branch office or personally works for gain. Impleaded OP in this case is InterGlobe Aviation Ltd., Level 5 Tower D Global Business Park M G Road, Gurgaon, Haryana. So it is obvious that branch office of OP has not at all been impleaded as a party in this case. If that be the position, then virtually the complaint has been filed in this Forum for getting relief against a party carrying on business at Gurgaon in Haryana. Being so, case of complainant is not covered by Sub Clause (a) of Claus-2 of Section 11 of Consumer Protection Act. For the same reasons, case of complainant is not covered by Sub Clause (b) of Clause-2 of Section 11 of Consumer Protection Act because no branch office of OP at Mohali is impleaded as a party in this case.
4. As deficiency in service provided to complainant at Kolkata Airport, where complainant with family members kept on standing in queue for having boarding passes, and as such cause of action accrued to complainant at Kolkata and not at Mohali. As the contents of complaint and supporting affidavit do not at all disclose that the cause of action or any part of the cause of action accrued within the territorial jurisdiction of this Forum and as such certainly benefit of Sub Clause (c) of Clause-2 of Section 11 of Consumer Protection Act is not available to complainant, more so when there is nothing on the record to suggest as to where from booking was done or as to where from payment remitted or as to where communication of cancellation of tickets received by complainant. Rather if we go through contents of complaint, then it is made out that complainant was at Kolkata Airport at the time when communication of cancellation of tickets received by him on 24.03.2018 at 11.13 A.M. and as such the cause of action wholly or in part accrued to complainant at Kolkata. The facts mentioned in the complaint or in the supporting documents do not at all establish that any part of cause of action accrued to complainant at Mohali and as such certainly the complaint before this Forum is not maintainable. So complaint deserves to be returned back to complainant with observation that he may avail remedy from the appropriate Forum by filing the complaint there.
5. As a sequel of above discussion, the complaint returned to complainant with observation that he may avail remedy from the appropriate Forum by filing the complaint there. Certified copy of the order be supplied to the complainant as per rules. File be indexed.
Announced
June 13, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
