Delhi

New Delhi

CC/263/2019

SH. MUKUL AGGARWAL - Complainant(s)

Versus

M/S. INDIGO AIRLINES PVT. LTD. - Opp.Party(s)

12 Dec 2019

ORDER

 

 

                           CONSUMER DISPUTES REDRESSAL FORUM-VI

                              (DISTT. NEW DELHI),

                         ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                NEW DELHI-110001

 

Case No.CC.263/2019                                 Dated:

In the matter of:

               Sh. Mukul Aggarwal,

              S/o Sh. Sree Chand Aggarwal,

             R/o 143A-Shri Sadan,

              Hari Nagar, Ashram,

                New Delhi-14.

                   ……..COMPLAINANTS

VERSUS

M/s Inter Globe Aviation Ltd.,

Through its Managing Director,

Central Wingh Ground Floorm

Central Wing,GroundFloor ,

Thapar House,

124, Janpath, New Delhi-01.

 

                                                                                                                                                                              ….......OPPOSITE PARTY

AURN KUMAR ARYA, PRESIDENT

ORDER

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  Arguments on admission of complaint heard.  We have gone through the complaint as well as documents filed with it.  The brief facts of the complaint are that on 25.10.2018, the complainant alongwith his family members planned to visit Bhubaneswar, Orissa for 1.11.2018.  For this purpose, complainant booked flight ticket through a website yatra.com. and made online payment of R.83,691/- for the round trip from New Delhi to Bhubaneswar and Bhubaneswar to New Delhi for 7 persons.  On 1.11.2018, the complainant and his family members reached IGI Airport Terminals on time, after security, all the members proceeded to board the aircraft but they were not allowed to board the aircraft by the ground staff of OP without citing any reasons and two ground staff of OP abused and misbehaved with complainant and his family members. Since the complainant and his family were to reach Bhubaneswar on the same day as such they went to IGI Airport Terminal 3 where they booked another flight of Vistara Airlines after paying a sum of Rs.91,462/- for one side travel which was much higher amount as the ticket was booked just before the flight  and reached the destination very late in the night.  Thereafter, the complainant and his family came back to Delhi by using the return ticket issued by OP but purchased of ticket from Vistara Airlines for Rs.91,462/- which was unnecessary and clear loss to the complainant.  It is stated that denial by officials/ground staff of OP from availing the services against the payments already made tantamount to deficiency in service on the part of OP and  due to this act, the complainant suffered irreparable loss and mentally  torture, hence this complaint.

2.     Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the complainant that  office of OP is situated at Janpath, New Delhi,  within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.

3.     In the present case, the complainant is residing at Hari Nagar, Ashram, New Delhi.  The tickets were booked through a website yatra.com. and the cause of action i.e. complainant and his family were not allowed to board the aircraft by the ground staff of OP at IGI Airport which does not falls within the territorial jurisdiction of this Forum. The complainant has failed to place on record any document which shows that the cause of action if any arose against the office of OP situated at Janpath, New Delhi falling under the territorial jurisdiction of this Forum. In other words neither the OP nor the cause of action arose within the territorial jurisdiction of this Forum.

4.     On the issue of territorial jurisdiction, we are guided by the Hon’ble National Commission in Revision Petition bearing No.575/18 was filed by the petitioner Sh. Prem Joshi against order of Hon’ble State Commission dated 1.11.2017 titled as Prem Joshi Vs. Jurasik Park Inn, in which the Hon’ble National Commission held as under on 1/3/2018:-

“In terms of Section 11 of the Consumer Protection Act, a complaint can be instituted inter-alia in a District Forum within the local limits of whose jurisdiction the cause of action only or in part arises.  The case of the complainant is that the ticket for visiting the amusement park was purchased by him online in his office in Karol Bagh and it is the District Forum at Tis Hazari has territorial jurisdiction over the mattes in which cause of action arises in Karol Bagh.  The cause of action is bundle of facts which a person will have to prove in order to succeed in the Lis.  Therefore, in order to succeed in the consumer complaint, the complainant will necessarily have to prove the purchase of the ticket in entering amusement park situated at Sonepat.  Since the tickets was allegedly purchased at the office of the complainant situated in Karol Bagh, the Distict Forum having territorial jurisdiction over Karol Bagh area would have the requisite jurisdiction to entertain the consumer complaint”.

 

5.     We are, therefore, of the view that this Forum does not have the territorial jurisdiction to entertain the complaint for want of territorial jurisdiction in view of the judgment of cited above.. The complaint is, therefore, directed to be returned to the complainant along with all annexure against acknowledgment. A copy of the complaint be retained for records. Complaint is accordingly, disposed off in above terms. The copy of the order be sent to complainant free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on12/12/2019.

 

 

 ( ARUN KUMAR ARYA)

PRESIDENT

                                                                                 (NIPUR CHANDNA)                                     

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