Chandigarh

DF-II

CC/811/2022

MR. KRISHNA MOHAN - Complainant(s)

Versus

SPICE JET LTD., THROUGH ITS PROPRIETOR/MANAGING DIRECTOR/PARTNER - Opp.Party(s)

SHUBHKARMAN SINGH GILL

02 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	811 of 2022
Date of Institution	:	09.12.2022
Date of Decision	:	02.11.2023

 

                     

            

 

1]  Krishna Mohan, IAS (Retd.), age 69 years son of Sh.Brij Mohan,

2]  Sarita Mohan, aged 68 years wife of Sh.Krishna Mohan,

Both residents of H.No.729, Sector 8, Chandigarh.

                 ...  Complainants

Versus

 

Spice Jet Ltd., through its Proprietor/Managing Director/Partner, 319, Udyog Vihar, Phase IV, Gurugram 122016, Haryana

 …. Opposite Party

 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                  MEMBER

 

Argued by:

Sh.Shubhkarman Singh Gill, Counsel for the complainant Sh.Gaurav Bhardwaj, Counsel for OP (OP already exparte)

 

PER B.M.SHARMA, MEMBER

 

         Concisely put, the complainants booked & purchased air-tickets of IndiGo Airlines for the route Chandigarh to Goa via Delhi on 4.11.2022 for Rs.23,414/-, Spice Jet Airlines for route Goa to Mumbai on 07.11.2022 for Rs.12,249/- and return journey from Mumbai to Chandigarh on 9.11.2022 through Go First Airlines for Rs.9,005/-.  However, the flight for the route Goa to Mumbai schedule on 7.11.2022 was delayed due to operational reasons, but since the complainants had to attend the time bound engagements in Mumbai, they had to book alterative flight i.e. IndiGo Flight No.6E-5231 on 7.11.2022 for an amount of Rs.38,626/- i.e. Rs.26,377/- in excess over & above the cost of original Specie Jet Flight for the said route.

         It is submitted that the complainants had to reach Mumbai by the afternoon of 7.11.2022 because they had to attend time bound engagement which had been fixed well in advance, therefore, they had to cancel their flight from Goa to Mumbai and booked tickets on Indigo Flight for that day for Rs.38,626/- and hence the complainant had to pay Rs.26,377/- in excess.  It is stated that the said flight was merely delayed due to ‘Operational Reasons” but no cogent & valid reason was given for the delay in flight. Thereafter, the complainants requested the OP to refund the said excess amount but to no avail.  Hence, this complaint has been preferred.

 

2]       Despite due service, the Opposite Party failed to put in appearance and as a result, the OP was ordered to be proceeded against exparte vide order dated 13.3.2023. However, the ld.Counsel for the OP, who appeared later on, was permitted to argue the case vide order dated 06.10.2023.

 

3]       The complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the parties and perused the entire record. 

 

5]       The perusal of the file reveals that the main grievance of the complainants is that their flight dated 7.11.2022 from Goa to Mumbai was delayed at a short notice by the OP and once the complainants made alternative arrangement of travel, the OP has not compensated the cost of fresh tickets purchased by them, rather refunded the amount only to the extent they earlier charged.

 

6]       It is undisputed that the flight of OP was delayed due to which the complainants had to make alternative arrangement and due to last minute booking, the complainants had to pay an amount of Rs.38,626/- whereas the cost of the air-ticket of the OP which was got cancelled was Rs.12,249/-.

 

7]       It is opined that by not paying the difference amount of Rs.26,377/- incurred by the complainants on purchase of new air tickets of another airlines due to delay of the scheduled of the OP, the OP has indulged into unfair trade practice. 

 

8]       In view of above discussion and findings, the present complaint is allowed against OP with directions to OP-Spice Jet to pay Rs.26,377/- to the complainants along with interest @7% per annum from the date of filing of present complainant till its realization. The OP is also directed to pay to the complainants compensation amount of Rs.10,000/- for causing mental & physical harassment along with litigation cost of Rs.7,000/-. 

         This order shall be complied with by the Opposite Party within a period of 60 days from the date of receipt of its certified copy.

         Certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

02.11.2023                                                           Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER