Date of filling: 23.09.2020
Date of order: 23.09.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
FRIDAY THE 23RD DAY OF SEPTEMBER 2022
CONSUMER COMPLAINT NO. 30/2022
1. Mrs. G. Sumathi Govindaraja,
2. Miss. G. Nandhini Govindaraja,
Both are residing at No.12,
5th East Main Road, Gandhi Nagar,
Vellore – 632 006. …Complainant
-Vs-
1. Officer In-Charge, Spice Jet Ltd.,
No. 319, Udyog Vihar, Phase – IV,
Gurgaon – 122016, Haryana,
India.
2. Spice Jet Ltd.,
Rep by its Managing Director,
Domestic Terminal,
New Domestic Terminal Building,
Airport Authority of India,
Chennai. …Opposite parties
Counsel for complainants : Thiru. Shri. G. Giridharan
Counsel for opposite parties – 1& 2 : Set exparte ( 01.07.2022)
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
This complaint has been filed Under Section 35 of Consumer Protection Act 2019. The complainant has prayed this Hon’ble Commission to direct the opposite parties jointly or severally to pay the complainants a sum of Rs.4,00,000/- as compensation for deficiency of service, and to pay a sum of Rs.13,423/- a sum spent by the complainants for the tickets to come to Chennai from Ahmedabad and also to pay a sum of Rs.45,000/- towards costs and expenses of the complaint and other ancillary proceedings.
1. The case of complaint is briefly as follows:
On 25.6.2019, the complainants had booked 2 Air tickets from the opposite party for travelling from Ahmedabad to Chennai on 29/7/2019 the both tickets were confirmed one. The departure time was 11:40 a.m. The complainants had reached the airport at an appropriate time with the online printout of the flight tickets. when they had reached the check-in counter to get their boarding pass to get on the flight, the opposite party’s staff/agent (Mr. Nainesh) had asked the complainants to weigh the baggage belonging to them and accordingly they had also weighed the baggage belonging to them. At that point of time, the weight was more than that allotted to the complainants. Accordingly, the complainants had asked for the assistance of the opposite party’s staff/agent (Mr. Nainesh). Further the opposite party’s staff/agent (Mr. Nainesh) had stated that the complainants need to pay for the excess baggage, for which the complainants had accepted and finally, the complainants where ‘short of Rs.1,000/- (Rupees One Thousand Only). Accordingly the second complainant, had stated that she would let go of the excess luggage behind, which she could not pay and would carry for the amount which they were ready to pay, but to their surprise, the opposite parties staff/agent, drastically changed his attitude and had raised his voice in a hostile manner and No boarding passes where issued to the complainants. The complainants further state the opposite party’s staff/agent had given no solution of any sort to any extent, even though the complainants were ready to part with the baggage which they could not pay and let them board the flight, for which the opposite parties staff did not oblige. Further to an extent on hearing the tone of the opposite party’s staff/agent, the complainants felt that there was a ground of regional difference, condescending behaviour towards the complainants (women folk) and on racial basis. The complainants state that till the last call for passengers neither the opposite parties staff/agent nor any of the support staff at the gate of the opposite parties did issue boarding pass to the complainants in enabling them to Boars to flight, but made them to wait till the flight had left and reported the complainants as “no show”, even though the complainants were at the Airport and at the gate to claim their boarding pass well within the stipulated time. The act of the opposite party’s staff/agent & the support staff in non-issuance of boarding pass & intentionally stalling the complainants from taking the flight trip to Chennai is very much a non-conducive act against the complainant’s interest, which is priority (customer service). Further in evidencing the complainant’s arrival well within the stipulated time the same has been recorded in the CCTV camera maintained by the airport’s authority of India at the airport Ahmadabad. Because of the fault committed by the opposite party’s staff, the hostile tone & unwarranted attitude of the opposite party’s staff/agent, the complainants were made to wait at airport to catch the next flight for 12 hours. To catch the next flight to Chennai again the complainants had been pushed to spend another unnecessary & unwarranted Rs.7,829/- (Rupees Seven Thousand Eight Hundred & Twenty Nine) and wait till 22:35 on the same day and did reach Chennai at 01:00 a.m. via Go Air. The complainants state that, they being to women folk and alone were made to stay for almost 12 hours for no fault of theirs and forced to book even more costlier tickets to return to Chennai that too in the middle of the night. All these happenings where definitely because of acts of the opposite party’s Staff/agent. Aggrieved as against the acts of the Opposite party’s staff & in result suffered by the complainants, No.1 of the opposite parties are jointly or severally directed to pay Rs.13,423/- (Rupees Thirteen Thousand Four Hundred and Twenty Three only) the cost of the Air tickets purchased by the complainants and to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainants. Complainants’ husband had written a letter on 26/8/2019 eliciting his displeasure at the hands of the opposite party’s staff. The same was acknowledged by the second opposite party, but as on date none of the opposite parties have neither complied nor replied to the letter dt:26/8/2019. The complainants had also lodged proper complaint with the General Manager Spice Jet with the acknowledgement. The complaints were received by the Duty Officer. The complainants also sent a mail on 01.08.2019 for which the first Opposite party’s staff had sent a reply on 4/8/2019. Admitting the above said incidents and the complainants were carrying excess baggage but we are ready to let go the excess baggage which they could not pay on this point the first opposite party reply has been silent till date and no explanation has been given. This is clear case of unfair trade practice and deficiency of service adopted by the opposite party’s staff. The support staffs, the complainant’s states that there were several mails sent on 27.09.2019, 31.07.2019, 01.08.2019 and the first opposite party’s staff said reply on 31.07.2019 and 01.08.2019 and 04.08.2019. all these mails replied by the opposite party cleverly does not touch the point why did the opposite party staff behave in a such a hostile rude and inhuman manner. Further why any of the opposite party’s support staff did not give any help in hand at the time of boarding. Further even when the complainants were ready to leave behind the excess baggage which they could not pay for that the silence clearly states that there is mistake on the first opposite party made out on 29.07.2019. The act of the opposite party staff is a clear case of deficiency of service and the opposite parties are answerable to the complainant’s claim. The complainant’s states that for the mental agony and physical stress born by them due to the staff of the opposite party’s act. The complainants hereby restrict the demand to an amount to 4 lakhs as compensation for mental agony and physical stress due to the gross deficiency of service and unfair trade practice. Hence this complaint.
2. The opposite party has received from the notice. But, they failed to appear before this Hon’ble commission to answerer the claim of the complainant. Therefore the opposite parties are called absent set exparte.
3. Proof affidavit of1st complainant filed. Ex.A1 to Ex.A8 were marked. Written argument of complainant filed. Oral argument also heard.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
parties?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
5. POINT NOS.1 & 2: The complainants booked two air tickets from the opposite parties for travelling from Ahmadabad to Chennai on 29.07.2019. The both tickets were confirmed one and the departure time of the flight was 11.40 A.M. and it’s arrival time would be 14.00 P.M. The allegation of complainant is that, when they have reached the checking counter to get their boarding pass to enter into the flight. The opposite parties staffs namely Mr. Ninas hes asked the complainant to weight the packages belonging to them. Accordingly package of the complainant were weighed. It was notice that the complainants package were weighted more than, what was allotted per head. Therefore, the opposite party staff asked the complainant to pay excess duty for excess package. The complainant also had accepted the same. But there is a short of Rs.1000/- for the payment of the excess duty. Since, the complainant could not pay the excess duty, the staffs of the opposite party denied the boarding pass. As a result, the complainant were prohibited from boarding the flights for travelling to Chennai and further, the complainant also contended that the opposite party agent source regional difference and condescending behavior towards the complainants and on brazil basis. The allegation of the complainants are very serious nature, but the opposite party did not appear before this Hon’ble commission and Its shows that they are not care about the right of the consumers at large and being a responsible Air lines this Commission expected that they should appear before this Hon’ble commission. Therefore, we held that by not allowing the complainants for boarding the opposite parties caused mental and physical harassment to the passengers. Therefore, there is deficiency in service on the part of the opposite party. Hence, these Point Nos.1 & 2 are decided in favour of the complainant.
6. POINT NO. 3: As we have decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite parties. The opposite parties are jointly or severally directed to pay Rs.13,423/- (Rupees Thirteen Thousand Four Hundred and Twenty Three only) the cost of the Air tickets purchased by the complainants and to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainants. Hence, this Point No.3 is also answered accordingly.
7. In the result, this complaint is partly allowed. The opposite parties are jointly or severally directed to pay Rs.13,423/- (Rupees Thirteen Thousand Four Hundred and Twenty Three only) the cost of the Air tickets purchased by the complainants and to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainants, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 23rd September 2022.
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAIANNT SIDE DOCUMENTS:
Ex.A1 - Flight tickets in SG 501 for the complainant with Spice Jet
Ex.A2 - Flight Tickets in G8 912 for the complainants with GO Air with
Boarding pass
Ex.A3-26.08.2019 - Copy of Letter to the 1st opposite party with
acknowledgement card 2nd opposite party
Ex.A4 - Tracking report for the letter sent to the opposite parties
Ex.A5 - Copy of the complaint by the 2nd complainant with the GM of
the Spice Jet with the acknowledgement cards No. 33016 &
33017
Ex.A6-29.07.2019 - Mails sent to the 1st opposite party
31.07.2019 showing displeasure at their hands by the
01.08.2019 2nd complainant and her father
Ex.A7-31.07.2019 - Copy of reply given the 1st opposite party to the mail sent
01.08.2019 by the 2nd complainant and her father
04.08.2019
Ex.A8-24.11.2019 - Copy of Legal notice sent by the complainant’s Advocate to
the 1st opposite party
LIST OF OPPOSITE PARTIES SIDES DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
