Order by:

Sh.Amrinder Singh Sidhu, President

1.       This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2021 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14^th March, 2022.

2.       The  complainant  has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that  the complainant through her mother got booked her dream Air Travel Ticket from Chandigarh to Goa for 01.05.2017, but the Opposite Parties suddenly and dramatically before eight hours of boarding the plane cancelled the air-ticket thereby all the dreams of the complainant shattered and the complainant suffered mental tension, harassment and agony   and in this way, the complainant herself and her entire family members spent sleepless night. The complainant was scheduled to go to Goa for some urgent work and in order to go there, the complainant has to arrange new ticket from some other operator and all the programs of the complainant got upset. Then the complainant alongwith her family had to arrange taxi in the late evening and in unsafe manner reached from Ludhiana to Chandigarh to catch the flight to reach Goa. Thus, in this way, the complainant had to spend extra money for reaching Chandigarh and then to Goa under undue stress and for this, the complainant had to again spend for taxi charges from Goa Airport to the place of her destination much late than scheduled. The complainant also missed the function she was to attend due to late reaching to the destination she felt disturbing very much. In this way, the complainant had to suffer mentally as well as financially which cause undue harassment, pain, agony as well as undue stress. All this happened due to negligence, careless, irresponsible  and deficient services/ acts on the part of the Opposite Parties.                Vide instant complaint, the complainant has sought the following reliefs.

a)       The Opposite Parties may be directed to pay the compensation amounting to Rs.50,000/- alongwith interest @ 12% per annum from the date of filing the complaint till its realization.

3.        Opposite Parties appeared through counsel and contested the complaint by filing  the written version taking preliminary objections therein inter alia that the complaint filed by the complainant is not maintainable and is liable to be dismissed as the complainant has attempted to misguide and mislead this District Consumer Commission. It is submitted that  all the passengers/guests of the Answering Opposite Party are governed by the terms of carriage contained in the e-ticket, framed in accordance with Carriage by Air Act, 1972 and notification regarding application of the carriage which is Non International. It is submitted that one of the Clauses of the aforesaid terms of carriage clearly discloses the aforesaid, which is as follows:

"where bad weather or instances beyond Spicejet control has resulted in your flight being cancelled or delayed, Spicejet will try to assist you to get to your destination, but will not be liable in any way for the delay or cancellation."

Another clause of the said terms of carriage further stipulates that:

"The company reserves to itself the right, without assigning any reason, to cancel or delay the commencement or continuance of the flight or to alter the stopping place or to deviate from the route of the journey or to change the type of aircraft in use, without thereby incurring any liability in damages or otherwise to the passengers or any other person on any ground, whatsoever. The company also reserves to itself the right to refuse to carry any person whom it considers unfit to travel or who in the opinion of the company may constitute risks to the aircraft or to the persons on board."

Another stipulation in the Terms of Carriage reads as: Schedule is subject to change and regulatory authority approvals. It is submitted that in view of the aforesaid, once the e-ticket, which is a concluded contract between the parties, contains the aforesaid stipulations, the complainant herein, having agreed and accepted the same while booking the ticket, is now estopped from raising the alleged dispute and in view thereof, the present complaint is not maintainable. It is submitted that the flight in question was cancelled due to the operational and technical reasons i.e. due technical snag in the aircraft. It is submitted that on account of the said technical snag, the flight could not operate  and said cancellation of the flight was told to all the passengers including the complainant herein by sending message to her at the mobile number 09872892797, which was successfully received. In addition to sms, an email was also sent, intimating the complainant about cancellation of the flight in question.  It is submitted that as per the terms and stipulations provided in CAR (Civil Aviation Requirements), issued by DGCA, in case, the flight has been cancelled on account of reasons and circumstances, which are beyond the power and control of the operating airline and intimation about cancellation of the flight has been delivered to the passenger, the operating airline is not liable to pay any compensation to the passenger. It is submitted that the said CAR also stipulates that the passenger is also required to give an option regarding remittance of the full fare or booking of alternate flight. In this case also, in the cancellation message itself, the complainant was requested to contact customer care centre for availing alternate flight, however, the complainant did not approach the customer care centre and consequently, on 01.05.2017 itself, the complainant was given full refund of a sum of Rs. 8,730/-, through agency, through which ticket was booked. In view of the same, the present complaint, being false, frivolous and misconceived, is liable to be rejected out rightly. That the present complaint filed on behalf of the Complainants is not maintainable, rather the present complaint is liable to be dismissed. In view of the same, the present complaint is not maintainable and is liable to be dismissed with heavy costs. It is submitted that the flight got cancelled due to the operational and technical reasons which were beyond the power and control of Opposite Parties. As per the Terms of Carriage', which is a contract binding upon the parties, the Opposite Parties had an unequivocal and unconditional authority to delay/cancel the flight or divert its route due to bad weather or other technical defects or for other reasons beyond the power and control of the Opposite Parties for which the Opposite Parties could not be made liable. In the instant case, the flight has been cancelled due to the operational and technical reasons and the same was intimated to the complainant and hence, there is no deficiency in service, whatsoever on the part of the Opposite Parties.  On merits, the  Opposite Parties took up almost the same and similar pleas as taken up by them in the preliminary objections and hence, there is no deficiency in service on the part of the Opposite Parties.  Hence, the complaint may be dismissed with costs.  

4.       In order to  prove  his  case, at the time of filing the complainant, the complainant has placed on record the affidavit.

5.       The case of the complainant is that due to cancellation of the air-ticket before eight hours of boarding the plane shattered all the dreams of the complainant and in this way, the complainant suffered mental tension, harassment and agony. On the other hand, the main contention of the ld.counsel for the Opposite Parties is that all the passengers/guests of the Answering Opposite Party are governed by the terms of carriage contained in the e-ticket, framed in accordance with Carriage by Air Act, 1972 and notification regarding application of the carriage which is Non International. It is submitted that one of the Clauses of the aforesaid terms of carriage clearly discloses the aforesaid, which is as follows:"where bad weather or instances beyond Spicejet control has resulted in your flight being cancelled or delayed, Spicejet will try to assist you to get to your destination, but will not be liable in any way for the delay or cancellation." Further as per the terms and stipulations provided in CAR (Civil Aviation Requirements), issued by DGCA, in case, the flight has been cancelled on account of reasons and circumstances, which are beyond the power and control of the operating airline and intimation about cancellation of the flight has been delivered to the passenger, the operating airline is not liable to pay any compensation to the passenger. It is submitted that the said CAR also stipulates that the passenger is also required to give an option regarding remittance of the full fare or booking of alternate flight. In this case also, in the cancellation message itself, the complainant was requested to contact customer care centre for availing alternate flight, however, the complainant did not approach the customer care centre and consequently, on 01.05.2017 itself, the complainant was given full refund of a sum of Rs. 8,730/-, through agency, through which ticket was booked. In this regard, Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 1294 of 2009 decided on 23^rd March, 2015 in case titled as Spicejet Ltd.Vs. Ms.Himadri Sharma has held  that on account of delay, diversion, cancellation of flights for reasons beyond its control including weather or poor visible condition, the petitioner was not liable to provide any boarding or lodging and there is no deficiency in service on the part of the petitioner.  Hence, keeping in view the aforesaid facts and circumstances, we are of the view that the complainant has failed to prove any deficiency in service on the part of the Opposite Parties.

6.       In view of the aforesaid facts and circumstances of the case, the instant complaint stands dismissed. All applications pending before this District Consumer Disputes Redressal Commission, if any, stand disposed off accordingly.  Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost by District Consumer Disputes Redressal Commission, Ludhiana  and thereafter, the file be consigned to record room after compliance.

7.       Reason for delay in deciding the complaint.

This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer  Disputes Redressal Commission, Moga with directions to work on this file onward from 14^th March, 2022 and accordingly District Consumer  Disputes Redressal Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible.

Announced in Open Commission at Camp Court, Ludhiana.