Tamil Nadu

South Chennai

CC/464/2014

M/s.Malar Karthikeyan - Complainant(s)

Versus

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

M/s.S.Radha Devi

20 Oct 2016

ORDER

                                                                           Date of Complaint  : 13.11.2014

                                                                 Date of Order         : 20.10.2016

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,               :  PRESIDENT                     

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

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

                                                     

C.C.No. 464/ 2014

THIS THURSAY  20^TH DAY OF OCTOBER 2016

 

Mrs. Malar Karthikeyan,

C-2-J, Cee Dee Yes Apartments,

Regal Palm Gardens,

Velacherry,

Chennai – 42.                                               .. Complainant.

                                                         - Vs-

 

The Managing Director, Spice Jet Ltd., 319, VDYOG VIHOR, Phase IV, Gurgaon 122 016, Harayana, India.

 

For the complainant             :    M/s. S.Radha Devi & others          

For the opposite party          :    Exparte.    

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite party  to refund a sum of Rs.8416/- and also Rs.8416/- towards another flight charge and also to pay a sum of Rs.2,00,000/- for deficiency in service and Rs.1,00,000/- for mental agony and Rs.25,000/- as cost of the complaint.

2.     Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version.  Hence the opposite party was  set exparte on 4.4.2016

3.     Perused the complaint, and the documents Ex.A1 to Ex.A6  filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant’s counsel.  

4.     The complainant contended that she booked a ticket to travel from Chennai to Pune on 27.5.2012 through opposite party’s flight  for a sum of Rs.8,416/- to attend official training programme and the ticket No. is EEHQAA.   The complainant had reported to the Airport well in advance at 04:50, when she approached the counter for receiving the boarding pass the representative of the opposite party informed that check-in time had already closed and refused to issue the boarding pass.    In spite of repeated demands made by her the opposite party refused to make necessary arrangement to board the flight.    The opposite party had sold the complainant’s ticket to someone for higher amount and wasted her time unnecessary in her busy schedule.  

5.     The complainant further contended that she had no other option except to book in other flight in Jet Airways to travel from Chennai to Pune which was unnecessary expenditure.   On 5.6.2012 she sent a email to the opposite party for which they sent the reply email dated 6.6.2012 stating that “ Check-in closes 45 minutes prior to the schedule departure of the flight and further stated that no show ticket is forfeited.  The opposite party had forfeited the ticket amount for no fault on her side.   She also issued legal notice to the opposite party on 14.5.2014 which was received by them but did not sent any reply.   Thus the opposite party committed deficiency in service.  Hence the complainant filed the above complaint for refund of the entire ticket fare of Rs.8416/- and also another flight charge of Rs.8,416/- in Jet Airways along with interest and Rs.2,00,000/- for deficiency in service and Rs.1,00,000/-towards mental agony and also cost of the complaint.

6.     It is the case of the complainant that she booked a ticket in the opposite party flight on 27.5.2012 and paid a sum of Rs.8,416/- as ticket fare.   Whereas the complainant had raised grievance that she could not travel in the opposite party flight on 27.5.2012 since the representative of the opposite party refused to issue the boarding pass stating that check-in already closed, though she reported to the Airport well in advance at 04:05 when the departure time was 04.50 hours.   Even after repeated request by the complainant the opposite party failed to allow her to board the flight or make any alternative arrangement.   Since she had to attend an important training at Pune she had to book another flight in Jet Airways by paying a sum of Rs.8,416/- which was unnecessary expenditure.    Though she sent a complaint through email and also legal notice the opposite party failed to refund the amount and caused monitory loss and mental agony to her.  

7.     It is not denied by the opposite party in their email that the complainant had booked a ticket in their flight on 27.5.2012 Ex.A1 i.e the ticket issued by the opposite party also proves the same.  It is also not denied by the opposite party that she paid a sum of Rs.8,416/- as ticket fare.  Since the opposite party refused to accommodate her she booked another ticket in Jet Airways by paying a sum of Rs.8,416/- which is also  evidenced through Ex.A2.  As per the contention of the complainant she reported to the Airport at 04:05 hours well in advance of the departure time and she also sent a complaint through email for which the opposite party sent reply email by stating that the complainant reported after counter closure and the ticket was declared as no show, as per Spice Jet Policy the amount on a no show ticket is  forfeited.   But the opposite party had not appeared before this forum to refute the contentions of the complainant and produced any record to substantiate their reply email, but remained exparte.  Hence the contention of the complainant that she reported in Airport well in advance is acceptable.   Moreover Ex.A6 reveals that the complainant had to undergo a training progamme at Pune.  The opposite party on receipt of complaint and the legal notice ought to have replied or refunded the amount of Rs.8,416/- being the flight fare paid by the complainant.  But the opposite party failed to do so and thereby committed deficiency in service.  

8.     Therefore considering the facts and circumstances of the case it is clear that the opposite party refused to accommodate the complainant and also failed to make any alternative arrangements in some other flight and also failed to refund the amount paid by her and the act of opposite party in forfeiting the air ticket amount of Rs.8,416/- amounts to deficiency in service.   As such the opposite party is liable to refund air ticket fare of Rs.8,416/- along with interest at the rate of 9% p.a. from the date of legal notice i.e. 13.5.2014 to till the date of payment.   However the complainant’s claim for refund of Rs.8,416/- being the flight fare in Jet Airways is not sustainable.   Since interest is awarded and considering the facts and circumstances of the case we are not inclined to grant any compensation.

9.     As discussed above we are of the consid­ered view that the opposite party is directed to refund the air ticket fare of Rs.8,416/- along with interest at the rate of 9% p.a. from the date of legal notice i.e. 13.5.2014 to till the date of payment and also to pay a sum of Rs.2,500/- as cost of the complaint to the complainant. 

        In the result the complaint is partly allowed.  The opposite party is directed to refund the air ticket fare of Rs.8,416/- (Rupees Eight thousand four hundred and sixteen only)  along with interest at the rate of 9% p.a. from 13.5.2014 to till the date of payment and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) as cost of the complaint to the complainant within six weeks from the date of this order. 

        Dictated directly by the Member-I to the Assistant and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this 20^th   day of  October   2016.

 

MEMBER-I                    MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 27.5.2012 - Copy of Ticket in Spice Jet.

Ex.A2- 27.5.2012 - Copy  of Ticket in Jet Airways.

Ex.A3- 15.6.2012 - Copy of Email.

Ex.A4- 13.5.2014 - Copy of legal notice.

Ex.A5- 13.5.2014 - Copy of Ack. card.

Ex.A6- 10.4.2012 - Copy of letter from the New India Insurance

                           Company to the complainant.

 

Opposite party’s Exhibits:-  .. Nil ..   (exparte)

 

 

MEMBER-I                     MEMBER-II                             PRESIDENT.