Delhi

New Delhi

CC/868/2013

Justice V.K. Gupta - Complainant(s)

Versus

M/S. Spice Jet Ltd. - Opp.Party(s)

19 Dec 2018

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 868/2013                                              Dated:

In the matter of:

Justice V.K. Gupta ( Retd.),

S/o. Late Sh. S.P. Gupta,

R/o. 58, Todarmal Lane,

Bengali Market, New Delhi-110001

                                                                                                                                                                                                ..                                                                                                        ……..COMPLAINANT

 

 

VERSUS

Spice Jet Ltd.

319, Udyag Vihar,

Phase IV,

Gurgaon-122016

Haryana, India.

.........OPPOSITE PARTY

 

ORDER

ARUN KUMAR ARYA- PRESIDENT

The facts of the case are that the complainant was scheduled to travel from Delhi to Kolkata from 05/01/2013 and booked two tickets on 19/01/2012 for Rs. 10,149/- for 2 tickets. The flight no. SG605 was schedule to depart from Delhi at 14:20 hr. on 05/01/2013. On the Evening of 14/01/2013 the officials of OP informed the complainant about sudden cancellation of the aforesaid fight and no alternative flight arrangement for the scheduled date of journey i.e. 05/01/2013 or thereafter was provided by the OP.

Constrained of such circumstances the complainant again booked 2 tickets for himself and for his wife for Air India flight no. 020 from Delhi to Kolkata on 04/01/2013 to reach Kolkata on 05/01/2013 for the fixed engagement. The said flight was scheduled to depart at 14:30 to arrive Kolkata at 16:45 for which a amount of Rs. 17,616/- was paid, the additional expenses of Rs. 7,467/- was borne by the complainant for booking Air India flight.

The complainant sent letter dated 30/01/2013 to the OP requested to refund the additional expenses of Rs. 7,467/- on account of deficiency on the part of OP for abrupt cancelling the flight without making a provision of alternative flight for the date of journey or even thereafter. No reply from the OPs was received. Thereafter the legal notice dated 14/03/2013 was served mentioning the inconvenience and harassment against to the complainant due to deficiency in service of the OPs. Following prayer has been made:-

1. Direct the OP to pay a sum of Rs. 7,467/-to the complainant towards the additional cost and expense which the complainant was compelled to incur on account of the deficiency in the service rendered to him by the OP,
2. Award exemplary cost of litigation in favour of the complainant and against the respondent since the respondent has driven the complainant to this available litigation. (Had the respondent responded to the communication received by it for and on behalf of the complainant, this litigation could possibly have been avoided).
3. Pass any other such further Order(s) as the Hon’ble Forum may deem fit and proper in the interest of equity and justice.

 

The OP filed the version denying all allegations and also claim of the complainant. It is stated that due to severe fog, the OP was constrained to cancel the flight.  The complainant filed evidence. The matter was listed for OP evidence on various dates but despite opportunities no evidence was filed and ultimately on 16/03/2016 the defense of the OP was struck off. The OP though filed evidence thereafter on 14/07/2016 is of no consequence after its defense was struck off.

We have perused the record and considered the submissions made before this Forum with relevant provisions of Law.

In view of the facts and circumstances of the case, when the complainant could travel on the same day through Air India flight departing just 10 min. later i.e. at 14:30 on 05/01/2013 the cancellation of flight due to severe fog bas no basis. The defense taken by OP is with respect of totally without substance and holds no water and after that the testimony of the complainant has remain unrebutted.

We are of the considered view that there is gross deficiency in service on the part of the OP in abruptly cancelling the flight without making provision for alternate flight. Holding the OP to be deficient in service, we allow the complaint and award a sum of Rs. 7,466/- in favour of the complainant alongwith an interest @9% interest from the date of filing of the complaint. The compensation of Rs. 10,000/- including litigation cost is also awarded in favour of the complainant. OP shall comply within 30 days from the date of  receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on  19/12/2018.

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

File be consigned to record room.

 

 

                                        (ARUN KUMAR ARYA)

                                                             PRESIDENT

             (NIPUR CHANDNA)                                                              (H M VYAS)

       MEMBER                                                                              MEMBER