Date of Filing:21-08-2017  

                                                                                       Date of Order: 27 -01-2020

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

   HON’BLE  Sri  P.VIJENDER, B.Sc. L.L.B., PRESIDENT

HON’BLE Sri  K.RAM MOHAN, B.Sc. M.A L.L.B.,   MEMBER

HON’BLE Smt. CH. LAKSHMI PRASANNA, B.Sc. LLM. ,(PGD (ADR)  MEMBER

Monday, the  27^th  day of January, 2020

C.C.No.362 /2017

Between

1. Mr.Jay Prakash Minda,S/o.S.N.Minda,

Aged about 42 years,Occ: Business, Indian

2. Mrs. Shalu Minda,W/o.Jay Prakash Minda,

Aged about 41 years,Occ: Housewife, Indian

3. Master Gaurang Minda,S/o.Jay Prakash Minda,

Aged about 17 years,Occ: Student,Indian,

(Being minor represented  through his father

& natural guardian Mr.Jay Prakash Minda,

S/o.S.N.Minda)

( All are the residents of Plot No.40,

 Jyothi Colony, Road No.5,

Secunderabad – 500015)                                      ……Complainants

And

1. M/s. Spice jet Limited, Registered office

Ntr. Terminal Airport Departure,

Begumpet, Hyderabad,

Telangana – 500016

Rep. by it’s Branch Manager

2. M/s. Spice Jet Limited,

319, Udyog Vihar,

Phase-IV, Gurgaon, Haryana – 122016

Rep. by it’s Managing Director                                    ….Opposite Parties

Counsel for the complainants        :  M/s. K.Visweswara Rao

Counsel for the opposite Parties    :  Mr.Y.Venkataramana

O R D E R

(By Sri K.RAM MOHAN, B.Sc. M.A L.L.B.,  MEMBER on behalf of the bench)

            This complaint has  been preferred under Section 12 of C.P. Act 1986 alleging  deficiency in  service on the part of the opposite parties for non-refund of the amount of the booked tickets with opposite parties due to cancellation of  scheduled onward flight and  causing delay in arrival affecting  return flight by the opposite parties and non-payment  of the difference amount spent for alternative arrangements made by the complainants  for their said journey with other Airlines from Hyderabad to Chennai and vise versa , as such praying this Forum  to direct the opposite parties  to refund Rs.4,818/- along with interest @ 18% P.A for booked tickets with  the opposite parties, from 19-6-2017 (date of booking ) till the date of realization; Rs.9,267(along with interest @ 18% P.A from 15-7-2017 till actual realization ) for the difference amount of  booked tickets with the other Airlines for said journeys on account of cancellation /delayed scheduled flight by the  opposite parties; Rs.20,000/- each towards compensation  and Rs.10,000/- for costs of the litigation. 

1. The relevant facts in brief  for disposal of this complaint are ; that the complainants booked their flight tickets, one month prior, with the opposite parties to travel from Hyderabad to Chennai with the intention  that the complainant No.3   has to join SRM University  at Chennai on 16-7-2017, subsequent to which the  complainants No.1 &2 were  return from  Chennai to Hyderabad on the same day itself for which  three tickets  were booked for onward journey for the flight bearing No.PNR No.TCMVVQ by flight No.SG3706 with a reporting time at check-in prior to two (2) hours of departure time as scheduled on the same day i.e,  on 16-7-2017.  The complainants stated that  they were prepared for  flight journey accordingly but on 15-7-2015 at 16.04 hours they received  a message from the opposite  parties informing  them that due to terminal  congestion  at Hyderabad they would have to report check-in  120 minutes prior to the departure time for the said flight from Hyderabad to Chennai on the said date.  But, again at 18.11hours on 15-7-2017 they were informed that the said scheduled flight from Hyderabad to Chennai was cancelled due to operational reasons which were stated to have been  beyond their control.  They were also stated to have been  informed  to book  alternative  flight  of the opposite  parties, which was not stated to have  met their  needs resulting in the booking of flight  tickets with the other airlines by the complainants  for their said journey on the same day.  Even  for their return journey  they did the same  due to delay in the arrival of the scheduled flight.  The complainant stated that they were forced to spend  towards  their flight journey with other  airlines due  to the deficiency in service by the opposite  parties.  Hence, this complaint  praying for grant of reliefs, as stated supra. 
2. The opposite parties got filed their written version  resisting the complaint  but admitting the facts of booking of tickets with them, cancellation of flight  from Hyderabad to Chennai and  delay its arrival  to catch flight from Chennai to Hyderabad on 16-7-2017 on account of operational reasons, which were stated to have been beyond their control.   The opposite parties  further states  that they informed   well in advance, the complainant  about the  cancellation  and  delay of flights as  scheduled  on 16-7-2017. As regards to the refund of the booked tickets amount, the opposite parties stated that they informed  the complainants  to contact the help desk which they did not do so.  The opposite parties  further state that the claim of the complainants  for payment of the difference amount spent  for their flight journeys  with other airlines is untenable as  they are contrary to the  Provisions of the Carriage by Air Act 1972, Rules and Regulations  made their under,  instructions/Circulars etc issued by the  Civil Aviation  authorities  as such saying that   there is no deficiency in service on their part  and prayed this Forum  to dismiss the complaint  with costs. 

          During the enquiry  in order to  substantiate  their respective  pleadings, the  complainant has got filed his affidavit evidence and produced documents Ex.A1 to A13 and so also, the  Opposite Party   got filed  written version , affidavit evidence  and produced  documents Ex.B1 & B2.  The complainant  got filed a memo requesting  to treat their  affidavit evidence as  written arguments whereas  the opposite parties got filed their written arguments  and a memo requesting to treat their written submission as oral arguments. 

          Heard the counsel for both sides and perused the documents  made available  on record now.  The points now emerge for disposal of this complaint are;-        

1. Whether  there is any  deficiency in  service  on the  part of the  opposite parties ?
2. Whether the complainants are entitled  to any reliefs ? If so, to what relief ?

Point No.1:  Ex.A1, A2 and A6 reveal the booking of tickets by the complainants.  Ex.A3 shows the  information given by the opposite  parties  for reporting check-in 120 minutes prior to the  departure time due to terminal condition  at Hyderabad.  Ex.A4 shows as to the cancellation of the scheduled flight due to operational reasons.   Ex.A9 to A11 reveal that the complainants made their alternative arrangements for their onward flight journey with Indigo Airlines and Ex.A12 & A13 shows boarding passes of their return journey. 

             The contention of the opposite  parties   that they are  not liable  to pay the claim of the complainants  for difference amount spent for their flight journeys with other airlines on the said date to and fro Hyderabad-Chennai, is sustainable in view of the  prior information  given by them to the complainants which  is in accordance with the  Provisions   of the Carriage/Air Act  1972, Rules and  Regulations  made their  under, the clause  3.3.2 of CAR, as mentioned in the  para 7 of the Ex.B1; and Ex.B2 corroborate the  above contention of the opposite  parties .  In view of this finding, the opposite  parties are  not liable to pay the difference amount as is claimed by the complainant.  In so far as the refund of the booked tickets amount is concerned the opposite parties   reiterates that they are liable to pay, which they did not pay so far.  Though they informed the complainant  to contact the  help desk for getting their booked tickets amounts back, even after receiving the  copy of the  complaint  or during the period of contesting  this complaint, the opposite  parties   have not  evinced  any interest or initiated  any action, hitherto, in refunding the booked tickets amount, which  alleged to have caused mental agony and which shows deficiency in service on their part.  In this case, for the  mental agony suffered by the complainant,  we have decided  to award the compensation for an amount of Rs.7,000/-.  Even cancellation of flight causing mental agony to the complainants entitles  the complainants for compensation.  This fact dovetails from the  decision referred by the SCDRC (Rajstan) (D.B) in Indian Air Lines Limited Vs,. V.S.Singh wherein  it was held that “ Since  inconveniences and mental agony have been caused to the complainant –respondent No.1 and his family members due to cancellation  of flight, therefore, on that count also, compensation  must have been awarded and hence, Rs.32,000/- were rightly awarded by the learned District Forum on that count”. 

  Under the circumstances  the answer to this point is given infavour of the complainants but against the opposite  parties 

Point No.2: In view of the discussion held in point No.1, in our view  the complainants are entitled to get the reliefs as mentioned here under.  Thus the  answer to this point is given infavour of the complainants but against the opposite  parties 

        In the result, the complaint is allowed in part and the opposite parties are  jointly and severally hereby directed to pay to the complainants;-

1. Rs.4,818/- towards booked tickets amounts
2. Rs.7,000/-  for compensation  towards mental agony and sufferance
3. Rs.3,000/- for costs of the litigation

Time for compliance: one month from the date of receipt of this order.  In the event of failure the above amounts, except costs, attract interest @ 18% P.A.

                        Dictated to steno, transcribed and typed by her, pronounced  by us on this the  27^th  day of  January, 2020.

LADYMEMBER                   MALEMEMBER                               PRESIDENT

APPENDIX OF EVIDENCE

Exs. filed on behalf of the Complainant:

Ex.A1-Spice jet itinerary for onward journey from  Hyderabad to Chennai

Ex.A2- indigo itinerary for return journey from Chennai to Hyderabad

Ex.A3- printout of SMS sent by the  spice jet on 15-7-2017 at 16.04Hrs

Ex.A4- printout of SMS sent by the  spice jet on 15-7-2017 at 18.11Hrs

Ex.A5-Email dated 15-7-2017 at 7.15pm

Ex.A6-Indigo itinerary for 16-7-2017

Ex.A7- SMS print out dated 16-7-2017 at 02.54Hrs

Ex.A8- Email dated 16-7-2017 at 02.20Hrs

Ex.A9-11: (3) Boarding  passes for onward journey in the Indigo Flight

Ex.A12 -13: (2) Nos. of boarding passes of Indigo flight

Exs. filed on behalf of the Opposite parties :

Ex.B1- terms of carriage

Ex.B2-copy of Civil Aviation requirements

LADYMEMBER                   MALEMEMBER                               PRESIDENT