Delhi

New Delhi

CC/208/2019

MRS. LAKSHMI BHARGAVA - Complainant(s)

Versus

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

12 Sep 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.208/2019                                                                     Dated:

         In the matter of:

1. Mrs. Lakshmi Bhargava

W/o Late Sh. B.R. Bhargava

E-32, Sector-30,

Noida-201301.

 

2.   Mrs. Ritu Singh Mann

W/o Sh. Surender Singh Mann

 E-32, Sector-30,

Noida-201301.

 

3.    Mrs. Shubhra Bhargava Kingdang

W/o Sh. Thangmeiyo Kingdang

E-32, Sector-30,

Noida-201301.

                                                                                ……..COMPLAINANTS

VERSUS

 

           Indigo Airlines

           Central Wing, Ground Floor,

            Thapar House, 124, Janpath,

             New Delhi-110001.                                                               ……….  OPPOSITE PARTY

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

The complainant has filed the present complaint against the OP. The gist of the complaint is that the  complainants purchase two tickets from OP on 01/08/2017 to travel from Delhi to Hyderabad on 02/08/2017 and also purchased returned ticket for 04/08/2017 by making the payment of Rs. 33,592/-. The complainant request the OP reschedule the ticket for onwards and returned travel to the OP for which the official of the OP informed that it would cost around 13,000/-, but later on, on the advice of the official of the OP, instead of rescheduling of the ticket the complainant cancelled the first booking on the assurance that he will get the full refund from the OP. On 08/08/2017, the complainant enquire about the refund of the first booking, the official of the OP totally denied the same and said that there was no cancellation and it was no show. The complainant wrote various e-mails to the OP for refund of the first booking, but all in vain. Complainant therefore, approach this Forum for redressal of their grievance.

2.         On the issue of territorial jurisdiction it is argued by the complainant that the OP has its office at Janpath, New Delhi falling under the territorial jurisdiction of this Forum, hence this Forum has jurisdiction to entertain and adjudicate the present complaint.

3.         The perusal of the file shows that the invoice was issued from the Terminal 1D I.G.I. Airport, New Delhi, which does not fall 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 situated at Janpath, New Delhi falling under the territorial jurisdiction of this Forum. In other words neither the OPs 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.         The complainant has placed on record, the copy of the invoice which clearly shows that the invoice was issued from the Terminal 1D I.G.I. Airport, New Delhi, office of the OP Co.  So, the District Forum having Territorial Jurisdiction over I.G.I. Airport, New Delhi would have the requisite jurisdiction to entertain the present complaint.  

6.         In the light of the judgment of Hon’ble National Commission titled as Prem Joshi Vs. Jurasik Part Inn in Revision Petition No.575/18 and the legal position discussed above,  we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint. Let the complaint be returned to the complainant along with documents for presenting before the appropriate Forum in accordance with law.

Copy  of   the order may  be  forwarded  to  the  complainant  free of

cost as statutorily required. The orders be uploaded on www.confonet.nic.in. File be consigned to Record Room.

 

Announced in open Forum on 12/09/2019.

 

                        (ARUN KUMAR ARYA)

                                     PRESIDENT

                     (NIPUR CHANDNA)                                                                          (H M VYAS)

                            MEMBER                                                                                       MEMBER