Case of the complainant is that the complainant decided to visit Jammu, accordingly he has booked tickets through Spice Jet Airlines on 05.06.2014 for the journey on 02.12.2014 from Kolkata to Delhi vide flight no. SG621 and from Delhi to Jammu vide flight no. SG226. The return flights were booked on 09.12.2014 from Jammu to Delhi vide flight no. SG229 and from Delhi to Kolkata vide flight no. SG622. The entire air fare through Spice Jet to and fro was charged Rs. 9603/-. It is stated by the complainant that on 18.11.2014 the complainant received an SMS from Spice Jet on his mobile phone that their returned flights from Jammu to Delhi were cancelled and thereafter on 19.11.2014 it was further informed by the Spice Jet through SMS that the flights from Kolkata to Delhi and Delhi to Jammu were also cancelled due to operational reasons. Under such circumstances the complainant was compelled to buy tickets to and fro for his journey from Air India at a much higher rate of Rs. 24455/-. Thereafter the complainant tried to contact the Spice Jet Airlines authority but his call were not at all attended. It is further stated by the complainant that the complainant find out the cancelled flights duly departed from the airport at the given date and time and also reached its destination at Jammu at the given time and date and the same thing happened regarding the cancelled flights from Jammu to Delhi to Kolkata. The complainant tried to contact the OP through their given phone number but he failed to contact with them. It is further stated by the complainant on 24.02.2015 he found out that Spice Jet had deposited only an amount of Rs. 5,739/- to his account. The complainant finding no reason to deposit such amount filed this case praying direction upon the OP to pay the actual amount of Rs. 28,319/- along with compensation Rs. 50,000/- and litigation cost of Rs. 15,000/-.
OP has contested this case by filing W/V denying and disputing all the material allegations leveled against them stating that the date of journey from Kolkata to Jammu was 02.12.2014 and date of journey from Jammu to Kolkata was 06.12.2014 and the change of winter schedule was made effective on 18.10.2014 for which they re-scheduled and cancelled the said flights. It is further submitted by the OPs that the said change in schedule is to be complied with mandatorily by all the airlines and they intimated to this effect to all the passengers including the complainant and accordingly the amount equivalent to booking of tickets was refunded to the complainant. As such, the OPs have no negligence or deficiency in providing services to the complainant. As such they prayed for dismissal of the case.
Points for determination
- Whether the OP airlines deficient in providing service.
- Whether the complainant is entitled to get relief as prayed for.
Decision with reasons
All the points are taken up together.
Admitted fact is that the complainant booked a ticket of Spice Jet by paying an amount of Rs 9,603/ for the journey on 02.12.2014 from Kolkata-Delhi-Jammu which has been cancelled and informed by the OP on 28.11.2014. The OP-Spice Jet refunded Rs. 5,739/- out of total consideration of Rs. 9,603/- paid by the complainant.
The complainant has alleged that after cancellation of journey by OP-Spice Jet the OP refunded only Rs. 5739/- whereas he paid Rs. 9,603/- to the OP and he had to incur a sum of Rs. 24,455/- for booking of tickets from another airways.
On the other hand, OP has defended on the plea that on account of change of winter schedule they had to re schedule and to cancel the flight in question.
On perusal of the document it appears that the complainant booked the tickets on 05.06.2014, date of journey was 02.12.2014, change of flights schedule was made effective on 18.10.2014, OP intimated the fact of cancellation to the complainant on 28.11.2014. It is observed that OP had intimated the complainant about the cancellation of flights only 4 days prior to the journey whereas the change of flight schedule was made effective 40 days before the date of intimation made by them. Had the OP intimated the cancellation of booked flights immediate after it made effective, the complainant did not book the tickets at a higher price rate.
Complainant averred that the OP refunded only a part of consideration paid by him. On the contrary the OP submitted that as per the “terms of carriage” OP has an authority to delay or cancel the flight for which they could not be made liable and accordingly they have adduced the “terms of carriage”. On perusal of the said “terms of carriage” it appears from para 49 clause a that in case of delay or cancellation of flight at the point of origin the passenger shall have the right to choose a refund; or a credit-shell for future travel on Spice Jet although the OP has failed to make refund of the total consideration paid by the complainant. These acts of the OP amounts to deficiency in service on their part.
Since the act of the OP compelled the complainant to book tickets at a higher price rate, OP is liable to pay compensation and litigation cost to the complainant.
All the points are disposed of accordingly.
In the result the complaint case succeeds.
Hence, it is,
Ordered
that the complaint case being no. RBT/CC/329/2020 is allowed against the OP with cost.
OP is directed to refund Rs. 3,864/- to the complainant within 1 month from this date of order. Op is further directed to pay Rs. 30,000/- as compensation and Rs. 20,000/- as litigation cost to the complainant within 1 month from this date of order failing which entire amount shall carry interest @12%p.a.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and Corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
