Tamil Nadu

South Chennai

CC/259/2016

Ganesapandi Proprietor, M/s.Shree Ambica Agencies - Complainant(s)

Versus

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

Siva Suyambu, B.Priyadharshini

18 May 2017

ORDER

                                                                        Date of Filing :   11.07.2016

                                                                        Date of Order :   18.05.2017

DISTRICT CONSUMER DISPUTE 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            

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.259/2016

THURSDAY THIS 18^th DAY OF MAY 2017

 

Ganesapandi,

Proprietor,

M/s. Shree Ambica Agencies,

No.37/19, II Floor,

Siva Vishnu Complex,

Natesan Street,

T.Nagar, Chennai 600 017.                   ..Complainant

 

                                              ..Vs..

 

CEO,

M/s. Spice Jet Ltd.,

No.319, Udyog Vihar,

Phase IV,

Gurgaon 122 016.                                  ..Opposite party

 

For the Complainant                   :    M/s. Siva. Suyambu & another         

For the opposite party                 :    Exparte.

 

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II      

This complaint is filed by the complainant against the opposite parties to refund a sum of Rs.10,076/- with interest and also to pay Rs.75,000/- towards mental agony and Rs.5,000/- as cost of the complaint.

 

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

      The complainant submit that he booked  E-Ticket for travel from Chennai to Tuticorin and Tuticorin to Chennai for himself and three others persons on 17.11.2014 for travelling on 20.11.2014 in flight No.SG 1084.   The complainant cancelled the said travel ticket on 18.11.2014 and rebooked for the travel on 21.11.2014 in Flight No.SG 3597.  He paid the cost of the ticket Rs.26, 048/-.  

2.     The complainant further submits that due to bad weather the opposite party cancelled the flight on 21.11.2014.   The complainant and his friends could not travel in the said flight.    The opposite party refunded part of ticket amount of Rs.12, 012/- to the complainant on 25.3.2015  by retaining Rs.10,076/-.   

3.     Aggrieved by this act of opposite party  the complainant had issued a legal notice to the opposite party on 21.4.2011 demanding payment of Rs.10,076/- with interest. But the opposite party neither sent any reply nor settled the amount. As such, the act of the opposite party amounts to deficiency in service which caused mental agony and severe hardship to the complainant.     Hence the compliant. 

4.     Since the opposite party remained exparte this Forum decided to dispose this compliant fully on merits with available documents

5.     In such circumstances, in order to prove the allegation made in the complaint,  the complainant submitted the proof affidavit  as his evidence, and also Ex.A1 to Ex.A5 are marked.

 

6.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite party as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

7. Point Nos. 1 & 2 :-

The complainant is an individual filed a complaint against the opposite party (Spice Jet Ltd.)demanding deficiency of service as per section 2(i) (o) and 2(i)g of CP Act.  He booked e-ticket for travel from Chennai to Tuticorin for himself and 3 others on 17.11.2014 to depart on 20.11.2014 in Flight No.SG 1084 and cancelled the said ticket and rebooked for the travel on 21.11.2014 in flight No.SG 3597 by paying the consideration of Rs.26,048. 

8.     Due to bad weather the Opposite Party cancelled the flight schedule to depart on 21.11.2014.  Hence said passengers could not fly.  It is contended that the opposite party refunded Rs.12,012/- by retaining Rs.10,076/-.

9.     The aggrieved Complainant issued legal notice to the opposite party on 3.8.2015 seeking refund of Rs.10,076/- along with interest from 21.11.2004 (Ex.A5) but there is no response from opposite party.  Hence he filed this complaint on 11.7.2016 seeking remedy from this forum to direct the OPPOSITE PARTY to pay   Rs.10076/- as refund along with 24% interest)and pay compensation of Rs.75000/- for mental agony and cost Rs.5,000/-

10.    Pursuant on Ex.A1 to Ex.A5 and complainant’s proof affidavit, written arguments, the opposite party neither appeared nor submitted the written version, in spite of several opportunities given to the opposite party did not appeared before this forum.  

A citation in,

 

(2000) 1 Supreme Court cases 66

Civil appeal No.8701 of 1997 decided on 2.11.1999.

It is described, C.P. Act 1986 – Sections. 2(1) (g) and (o) deficiency in service- test to ascertain -onus of proof on whom lies-tortuous acts and deficiency in service.

11.    In view of the definition of “service” and “deficiency” in Sec. 2 (1) (o) and (g) of the Consumer Protection Act 1986 “deficiency in service cannot be alleged without attribute in fault, imperfection, short coming or inadequacy in the quality, nature and manner of performance which is required to the performed by the person in pursuance of the contract or otherwise in relation to any service.   The burden of proving the deficiency in service in upon the person who alleges it“.

12.    Based on the above citation and on perusal of available documents, the said complaint is within the territorial and pecuniary jurisdiction and the cause of action is within Chennai and the case was taken for file.   It is directed   that the complainant had not executed travel and retention of the balance amount by the opposite party is not legal, the balance amount demanded by the complainant has to be refunded. We, hereby direct the opposite party to pay a sum of Rs. 10,076/- with interest of 12% and also to pay a sum of Rs.5,000/- towards cost of the complaint and no compensation is provided, the points 1 & 2 are  answered accordingly.

        In the result, the complaint is partly allowed.  The opposite party is directed to pay a sum of Rs.10,076/- (Rupees ten thousand and seventy six only) with interest at the rate of 12% p.a. from the date of complaint i.e. 11.07.2016 to till the date of this order i.e. 18.5.2017 and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as cost to the complainant.     

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.       

              Dictated by the Member-II to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the  18^th    day  of  May  2017.

 

MEMBER-II                                                                        PRESIDENT

Complainant’s  documents:

Ex.A1- 17.11.2014         -  Copy of Ticket to travel on 20.11.2014.

Ex.A2- 18.11.2014   Copy of Cancellation and rebooking for travel on

                              21.11.2014.

Ex.A3-         -       -  Copy of cancellation and modification of Ticket for travel on

                              21.11.2014.

Ex.A4- 30.11.2014 -  Copy of Master card account payment of ticket fare to

                              Opposite party’s agent make my trip India Pvt.

Ex.A5- 3.8.2015    -  Copy of legal notice.

 

Opposite party’s  documents:   .. Nil.

 

 

MEMBER-II                                                                        PRESIDENT