COMPLAINT FILED: 28.08.2008<br /> <br /> <br /> <br /> 17th OCTOBER 2008<br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> <br /> COMPLAINT NO. 1895/2008<br /> <br /> <br /> COMPLAINANT Smt. Shakun Jain,<br /> W/o. Ankit,<br /> Aged about 23 years,<br /> Flat No. 202, Niranjan Nectar,<br /> Kodichikanhalli Main Road,<br /> Near Someshwara Temple,<br /> Billekahalli,<br /> Bangalore – 560 076.<br /> <br /> <br /> Advocate (K.S. Venkataramana)<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. Spice Jet,<br /> (Airlines)<br /> Represented by its <br /> Managing Director.<br /> Branch Outlet at<br /> <br /> Ticket Booking Counter/Branch<br /> Bangalore International Airport,<br /> Devanahalli,<br /> Bangalore Dist.<br /> <br /> <br /> 2. Regd. Office at:<br /> Spice Jet Cargo Complex,<br /> Terminal 1-B, <br /> Indiragandhi International Airport,<br /> Domestic Terminal,<br /> New Delhi – 100 037.<br /> <br /> <br /> 3. Corporate Office at:<br /> Spice Jet,<br /> No. 319, Udyog Vihar,<br /> Phase – IV, Gurgon,<br /> Haryana.<br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant to direct the Opposite Party (herein after called as O.P) to pay a compensation of Rs.44,560/- and for such other reliefs on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> Complainant booked air ticket with the OP so as to travel from Bangalore to Jaipur and back on 26.05.2008. She intended to go to Jaipur on 13.07.2008 and return to Bangalore on 24.08.2008. OP collected the charges of Rs.5,556/- confirmed the ticket. With all that to the utter shock and surprise of the complainant on 01.07.2008 she received an SMS from OP stating that flight is cancelled. Then they sent the E-mail contending “due to operational reasons we have stopped the flights to and fro to Jaipur”. Complainant has already fixed her appointment at Jaipur. Because of this negligent act of the OP she was put to greater hardship, prejudice and harassment. As the complainant has already decided to go to Jaipur on 13.07.2008, she contacted the other airlines, ultimately she booked the ticket at Indigo Airlines at the cost of Rs.10,650/-. For no fault of her, she is made to pay extra, not only that to reach the Bangalore Airport in the odd hours so as to travel through Indigo Airlines she has to spend more in hiring the taxi. The repeated requests and demands made by the complainant to OP to compensate her, went in futile, they refunded only Rs.5,556/- which is unjust and improper. Under such circumstances complainant felt the deficiency in service on the part of the OP. Hence she is advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On appearance, OP filed the lengthy version denying all the allegations made by the complainant in toto. Under clause 17 of the terms and conditions OP has got a right to cancel the flight without assigning any reason. Due to some unavoidable circumstances they cancelled the flight that too due to some operational reasons. With all fairness they did refund the cost of the ticket two weeks prior to date of journey that is on 13.07.2008. So there is no deficiency in service on the part of the OP. It is the choice of the complainant to select the airlines which she prefers to travel, for that she has to pay, OP is not responsible to pay the difference of charges and so also the so called conveyance charges, etc. The claim of the complainant towards mental agony and other expenses is highly exorbitant. The entire complaint is devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has proved <br /> the deficiency in service on the part of the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant had booked an air ticket with the OP so as to travel to Jaipur and back on 26.05.2008. The onward journey is on 13.07.2008 and return journey is on 24.08.2008. OP collected Rs.5,556/- the charges and confirmed the ticket. It is also not at dispute that on 01.07.2008 OP sent an SMS intimating the complainant that the flight to Jaipur is cancelled and due to some operational reasons they have stopped the flights to and fro to Jaipur. According to the complainant she has fixed her appointment at Jaipur from 13.07.2008 till her return journey with various personalities. Because of this untimely cancellation of the flight by the OP she has suffered both mental agony and financial loss.<br /> <br /> 7. On the receipt of the said intimation from the OP complainant checked with other airlines, ultimately booked the ticket with Indigo Airlines on 03.07.2008 by paying Rs.10,650/- that is Rs.5,004/- more than what she has paid to the OP. She suffered this loss because of the carelessness and negligence of the OP. On going through the confirmation letter issued by the OP, on the perusal of the terms and conditions flight delays and cancellation can be made only under 3 circumstances. But the present circumstance and reason assigned by the OP that due to some operational reasons they stopped the flights to and fro to Jaipur doesnot find the place. That means to say there is clear cut violation of the terms and conditions and the promise made by the OP to its customer. The evidence of the complainant appears to be very much natural, cogent and consistent. There is nothing to discard her sworn testimony. As against this unimpeachable evidence of the complainant the defence set up by the OP is a defence for defence sake, just to save their skin out of sin.<br /> <br /> 8. When we go through the time of departure and arrival of Indigo Airlines, it appears to be an odd time for a lady to travel. Naturally it must have caused some inconvenience to her to reach the airport. OP received the said amount on 26.05.2008 and intimated the complainant about the cancellation of the flight after 55 days, thereby accrued a wrongful gain to itself and caused the wrongful loss to the complainant, that too for no fault of her. Further OP says that 2 weeks prior to the schedule date of flight they have refunded the amount. Why they caused so much of delay in refund of the amount and sending an intimation to the complainant about the cancellation of the flight is not known. Here we find the deficiency in service on the part of the OP.<br /> <br /> 9. Having considered the facts and circumstances of the case, complainant for no fault of her, is made to suffer both mental agony and financial loss and inconvenience. In our considered view the justice will be met by directing the OP to pay the difference of amount of Rs.5,004/- which complainant paid to the Indigo Airlines as well as a compensation of Rs.1,000/- and some litigation cost. With these reasons we answer point nos.1 and 2 accordingly and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to pay Rs.5,004/- the difference of ticket amount, Rs.1,000/- as compensation and litigation cost of Rs.500/- in all Rs.6,504/- to the complainant. This order is to be complied within 4 weeks from the date of its communication. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 17th day of October 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> p.n.g. <br />