Delhi

New Delhi

CC/27/2019

MRS. RAMESH DEVI AGGARWAL - Complainant(s)

Versus

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

14 Mar 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI 

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 27/2019                                                                                     Dated:

In the matter of:

Mrs. Ramesh Devi Aggarwal

W/o Mr. Jatinder Kumar Aggarwal

 

Mr. Jatinder Kumar Aggarwal

S/o Late Sh. Kirti Chand Aggarwal

 

Both residents of 7, Banarsi Dass Estate,

Timarpur, Delhi

                                                                                                         ……..COMPLAINANTS

VERSUS

     Singapore Airlines

Through its Managing Director

24, 9^th Floor, Ashoka Estate Building

Barakhamba Road, Connaught Place,

New Delhi-110001          

 

Also at:-

Unit # 514 A & B

Time Tower, M.G. Road,

Gurgaon 122002, Haryana                     ……..Opposite Party no.-1

 

Commissioner (Immigration)

East Block-VIII, Level-V, Sector-1

R.K. Puram, New Delhi-110066            ……..Opposite Party no.-2

 

Mr. Varun Gupta

Prop. M/s Citadelii

254, Lala Umrao Singh Marg,

Tilak Bazar, Khari Baoli, Delhi                ……..Opposite Party no.-3

 

 

 

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

Complaint is filed by the complainant under section 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OP.  Arguments on admission of complaint were heard.  We have gone through the complaint as well as documents filed with it.   The brief facts of the complaint are that the complainants booked a vacation trip to ‘Bali’ Indonesia through the OP-3 which was organized by the Anupam Society. It is alleged that the group consisted of 34 travellers including the OP-3. It is further alleged that the complainants had handed over to the OP-3 all the documents required for procuring travel documents and more specifically “Visa” for travel.   After going through the documents provided by the complainants, the OP-3 assured the complainants that complainant nno. 1 was holding a British Overseas Citizen Passport she did not require a Visa for Indonesia. It is further alleged that all the travel plans were finalized by OP-3 and the complainant were to travel by “Economy Class” on 17/12/2018 and were to arrive back to Delhi on 23/12/2018.  It is further alleged that the complainants reached the Delhi International Airport(T3) and were cleared by the OP-2 to board the flight no. SQ403 from Delhi to Singapore and were to board a flight SQ943 from Singapore to Bali operated by the OP-1 after checking the passport of the complainants. The complainants approached the OP no.-1 to upgrade them to Business Class and they were informed that only one seat was available for upgrade, so complainant no. 1 got her seat upgraded to Business Class on an additional payment of Rs. 1,75,000/-. It is further alleged that complainants were given boarding passes and they boarded the flight operated by the OP-1. The complainants were given boarding passes and they boarded the flight operated by the OP-1.

It is further alleged that on arrival to Bali, Indonesia, complainant no. 1 was denied entry to Indonesia on the pretext that she does not posses Visa Republic of Indonesia and to the utter shock, humiliation, mental torture and embarrassment of complainant no.1 and she was deported to India. As the complainant nno.1 was being deported, complainant no.2 also abandoned the trip and accompanied complainant no.1 back in India. It is further alleged that due to deficiency on the part of OPs complainants have suffered both mentally and financially, hence this complaint.

Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It was submitted by the complainant that office of the OP is situated at Barakhamba Road, Connaught Place, New Delhi, who works for gain within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.

The perusal of the file shows that the flight ticket issuing office of the OP was at Khari Baoli, Delhi.  The complainant has failed to place on record any document which shows that the cause of action, if any, arose at the office situated at, Connaught Place, New Delhi falling under the territorial jurisdiction of this Forum.

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”.

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  to the case free of cost as statutorily required. File be consigned to Record Room.

 

Announced in open Forum on 14/03/2019

The orders be uploaded on www.confonet.nic.in.

 

                                                    (ARUN KUMAR ARYA)

                    PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

                 MEMBER                                                              MEMBER