Tamil Nadu

South Chennai

Cc/186/2013

Dr.Henry Suresh David - Complainant(s)

Versus

M/s.Spice Jet Limited - Opp.Party(s)

V.Manisekaran

18 Dec 2018

ORDER

                                                                        Date of Filing  : 10.09.2014

                                                                          Date of Order : 18.12.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.186/2013

DATED THIS TUESDAY THE 18^TH DAY OF DECEMBER 2018

                                 

Dr. Henry Suresh David,

S/o.  Shri. D. John Rose,

Old No.2/ New No.7, First Street,

Vedachalam Nagar,

Near Samiyar Madam,

Ashok Nagar,

Chennai – 600 078.                                                      .. Complainant.                                                

 

          ..Versus..

 

1. M/s. Spice Jet Limited,

Represented by its Chairman,

Murasoli Maran Towers,

No.73, MRC Nagar Main Road,

MRC Nagar,

Chennai – 600 028.

 

2. The Airport Manager,

M/s. Spice Jet Limited,

Kamarajar Terminal,

Meenambakkam,

Chennai – 600 027.                                                 ..  Opposite parties.

          

Counsel for the complainant           : M/s. V. Manisekaran  & another

 

Counsel for opposite parties 1 & 2 :  Party in person

 

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay the cost of ticket amounting to Rs.3,339/- and to pay a sum of Rs.1,00,000/- towards compensation for mental agony, discomfort etc, to pay a sum of Rs.2,600/- towards the taxi fare paid by the complainant at Nagarcoil to  pickup him from Trivandrum Airport to Nagarcoil with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he booked a ticket through Make My Trip.com for performing his journey on 11.04.2013 from Chennai to Thiruvananthapuram in flight No.AG-3271 in order to attend an important meeting at Nagarkoil.   The complainant submits that he reached the airport at 4.40 hours and obtained his boarding pass at 4.55 hours.  After due security check up, the complainant registered his baggage at the boarding counter SG 1011 and original bag No.126552 MAA and was waiting near gate No.4 to board the flight.  The complainant submits that there was no guidance to the complainant for the proper performance of the journey.   He went through the gate No.4 which landed into the ground floor after hectic search of the correct gate number through which he has to board the flight.     The complainant submits that he received two phone calls through his mobile and was informed that he is called for security check and the process is going on.  As soon as completing the process, he was advised to reach gate No.4 through ramp to the ground floor.  The complainant submits that due to the declaration of ‘Gate No show’ to the complainant he missed a very important function and wasted some amount towards taxi charges and it caused mental agony.    Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties state that the complainant had purchased tickets of aircraft of the opposite parties for travelling from Chennai to Trivandrum for 11.04.2013, with schedule time of departure as 05:55 hours.  It is further submitted that the scheduled time of the flight was 05:55 hours and the flight was on right time.  The staff of the answering opposite party, who reported at counter at 04:50 hours.  The boarding pass also clearly and specifically contained the number of Boarding Gate i.e. H4.  A specific direction was also given to the complainant by the staff of the Respondent present at the boarding Pass counter.   Later, the complainant came back to the Boarding counters at about 05.15 hours to give a baggage for check in.  Though the counters were closed for the said flight, however, the baggage was taken for check in, at the specific request of the complainant.   It is submitted that even till next 5-7 minutes, the complainant did not report at Boarding gate to catch the flight.  Last call was made to the complainant at 05:50 hours and the complainant finally came to the Boarding Gate at 05:54 hours and at that time, the gates had been closed and the complainant had been declared ‘Gate No Show’ and rest of the passengers boarded the flight.  The opposite parties state that it is due to his own negligence and careless conduct that the complainant has missed the flight and as such the opposite parties is not at all liable to answer the said claim of the complainant.  Hence the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  In spite of sufficient time is given, the opposite parties has not come forward to file proof affidavit to prove the contentions raised in the written version and hence it is treated as ‘No Proof Affidavit’.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.3,339/- being the cost of the ticket as prayed for?

2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony, Rs.2,600/- towards taxi fare and cost of Rs.5,000/- as prayed for?

5.      On point:-

The opposite parties after entering appearance, filed their written version but neglected to file proof affidavit to prove the contentions raised in the written version.  The complainant filed his written arguments.   Heard the complainant also.  Perused the records namely the complaint, written version, proof affidavit of the complainant and documents.   The learned Counsel for the complainant contended that he booked a ticket through Make My Trip.com for performing his journey on 11.04.2013 from Chennai to Thiruvananthapuram in flight No.AG-3271 in order to attend an important meeting at Nagercoil.  Ex.A1 is the confirmed Air ticket.  Further the contention of the complainant is that he reached the airport at 4.40 hours and obtained his boarding pass at 4.55 hours.  After due security check up, the complainant registered his baggage at the boarding counter SG 1011 and original bag No.126552 MAA and was waiting near gate No.4 to board the flight as per Ex.A2.  Further the contention of the complainant is that there was no guidance to the complainant for the proper performance of the journey.   Hw went through the gate No.4 which landed into the ground floor; after hectic search of the correct gate number through which he has to board the flight.   But it is seen from the written version of the opposite parties that “The boarding pass also clearly and specifically contained the number of Boarding Gate is H4.  A specific direction was also given to the complainant by the staff of the Respondent present at the boarding Pass counter.   Later, the complainant came back to the Boarding counters at about 05.15 hours to give a baggage for check in.  Though the counters were closed for the said flight, however, the baggage was taken for check in, at the specific request of the complainant” resulting the delay in reaching the boarding gate.  The complainant has suppressed the said facts and has not given reasonable answer either through the proof affidavit or at the time of argument proves that the complainant himself committed the delay in reaching the correct boarding gate specified in the pass.  On a careful perusal of the proof affidavit of the complainant, it reads as follows “.. during security check at 05.30 hrs, CISF personnel asked me to part with my medical accessories and medicine which were not allowed to accompany the baggage and I readily accepted to do so.  In the process, I realized that the time was running out and without any guidance I went through gate No.4 which landed into the ground floor after hectic search of the correct gate; proves that the complainant has not followed the procedure of Airport Authority in relation to the boarding of passengers in the Aircraft. 

6.     Further the contention of the complainant is that he received two phone calls through his mobile and was informed that he is called for security check and the process is going on.  As soon as completing the process, he was advised to reach gate No.4 through ramp to the ground floor.   But the complainant himself taken back the baggage and for due compliance resulting the delay of his own.   Further the contention of the complainant is that due to the declaration of ‘Gate No show’ to the complainant he missed a very important function and wasted some amount towards taxi charges which caused mental agony.  The complainant is claiming a sum of Rs.3,339/- towards the cost of the ticket, Rs.2,600/- towards the taxi fare and a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.5,000/-.  But on a careful perusal of records, the declaration of ‘Gate No show’ by the opposite parties with regard to boarding of passengers in the flight was done as per the stipulated time strictly.  The complainant himself was very late after committing repeated process of taking the baggage.  There is no deficiency in service on the part of the opposite parties.   Considering the facts and circumstances of the case, this Forum is of the considered view that the complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 18^th day of December 2018. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

 

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	13.03.2013	Copy of ticket ID  NF 2202425540585
Ex.A2	11.04.2013	Copy of baggage booking slip issued by Spice Jet Airlines at the time of boarding
Ex.A3	11.04.2013	Copy of Expedite baggage slip when he received back the baggage in the evening
Ex.A4	11.04.2013	Copy of email lodged by the complainant
Ex.A5	12.04.2013	Copy of reply mail received from Spice Jet Ex.A6	13.04.2013	Copy of notice by the complainant
Ex.A7	20.04.2013	Copy of notice issued by the Counsel for complainant

 

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS:- No Proof Affidavit

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT