Date of Filing 18.10.2023

                                                                                                             Date of Disposal: 31.01.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                          …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                                ……MEMBER-I

               THIUR.P.MURUGAN, M.Com, (ICWA), BL.,                                                                     ……MEMBER-II

CC.No.108/2023

THIS WEDNESDAY, THE 31^st DAY OF JANUARY 2024

1.Mr.M.Dhanasekar,

    S/o.M.Muthusamy (late),

    Residing at D2-263,

    Brigade Xanadu Aspiro,

    No.1, Chanakyan Main Road, Nolambur,

    Chennai 600 095.

2.Mrs.Latchoumy,

    W/o.M.Dhanasekar,

   Residing at D2-263,

   Brigade Xanadu Aspiro,

   No.1, Chanakyan Main Road, Nolambur,

   Chennai 600 095.                                                                                 ......Complainants.

                                                                                   //Vs//

1.Spice Jet Limited,

   Terminal 3 at Delhi Airport,

   Having its registered office at

   Indira Gandhi International Airport (DEL),

   Delhi 110037.

2.Spice Jet Limited,

   Head Office,

   No.320, Udyog vihar Phase IV,

   Gurgaon 122016.                                                                            ……Opposite parties.

Counsel for the complainants                                        : Mr.M.Kumaresan, Advocate.

Counsel for the opposite parties.                                    : Exparte.

This complaint coming before us on various dates and finally on 23.01.2024 in the presence of Mr.M.Kumaresan, counsel for the complainants and opposite parties were set exparte for non appearance and upon perusing the documents and evidences of complainant’s side this Commission delivered the following:

ORDER

PRONOUNCED BY THIRU.P.VINODH KUMAR, MEMBER-I

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties with regard to rescheduling the flights of the complainants without assigning proper reason along with a prayer to pay a sum of Rs.1,07,465/-to make good the loss incurred on account of the unfair trade practice and deficiency in service on the part of the opposite parties, to pay a sum of Rs.2,00,000/- towards compensation for the mental agony and hardship caused to the complainants along with Rs.1,00,000/- towards litigation expenses.

Summary of facts culminating into complaint:-

2. The complainants decided to spend the holiday during the month of May at Srinagar with their family.  On 25.04.2023 the complainants booked return flight from Srinagar to Chennai for the travel on 18.05.2023, leaving Srinagar at 15:55 hours.  The schedule was most convenient one as the holidays for vacation were to end on 18.05.2023.  Both the complainants and their son have to return to Chennai on 18.05.2023 to attend the offices and school interview of their son on 19.05.2023 respectively.  On 27.04.2023, the opposite party rescheduled the flight from Srinagar to Chennai via Mumbai instead of Delhi and the same was communicated to the 1^st complainant through text message.  Hence the complainants cancelled the tickets and rescheduled their flight from Srinagar at 16:00 hours.  Thus the flight from Delhi to Chennai through Air India was fixed for the 20:40hours flight giving three and half hours layover at Delhi.

3. However the complainants were informed rescheduled flight timings on 18.05.2023 from 16:00 hours to 16:35hours.  Subsequently the opposite party rescheduled the flight timing from 16:35 to 17:50 hours.  The flight arrived at Delhi 19:20 hours.  The complainants reached the Air India gate at 07:55 pm to board their flight scheduled at 20:40 hours.  The Air India denied the boarding as it completed the boarding process.  The Air India refused to refund the ticket price.

4. The flights at Delhi on 19.05.2023 were exorbitantly high and the complainants were forced to stay back in Delhi and were able to return only on 20.05.2023.  The opposite party issued delay certificates to the complainants.  The act of rescheduling the flight caused severe hardship, mental agony and stress to the complainants.  The complainants incurred Rs.1,07,465/- due to rescheduling the flights by the opposite party as per table below;

5. The complainants registered a complaint with the opposite party on 31.05.2023.  The opposite party replied on 01.06.2023 with compensatory voucher for Rs.1000/- each to the complainants.  The opposite party committed unfair trade practice and deficiency in service for rescheduling the flights of the complainants without assigning proper reason.  Hence the complaint.

6. On the side of the complainant proof affidavit was filed and documents marked as Ex.A1 to Ex A11 were submitted. Even after receipt of notice from this Commission, the opposite parties had not chosen to appear before this commission to put forth their defence in the claim made by the complainants.  Hence the 1^st opposite party set exparte on 28.12.2023 and the 2^nd opposite party set exparte on 05.01.2024 for non filing of written version within the mandatory period.

Points for consideration:-

1)    Whether the alleged deficiency in service and unfair trade practice against the opposite parties has been successfully proved by the complainants?

2)    If so, what relief the complainant is entitled to?

 Point No.1:-

7. It is the case of the complainant that the opposite party rescheduled the flight timings on several times without assigning proper reasons.  Because of the rescheduling, the complainants could not reach Chennai on 18.05.2023 to return their duties and to attend the school interview of their son respectively on 19.05.2023.  The complainants suffered severe hardship, mental agony and stress due to the act of the opposite party.  Hence the complainants filed this complaint.

8. To prove the case the 1^st complainant deposed proof affidavit with 11 documents which were marked as Ex.A1 to Ex.A11. Ex.A1 is the flight tickets booked through Spice Jet Airline, Ex.A2 is the flight ticket booked through Spice Jet Airline from Srinagar to Delhi, Ex.A3 is the flight ticket booked through Air India from Delhi to Chennai, Ex.A4 to Ex.A6 were automated text messages, Ex.A7 is the Delay Certificate issued by the opposite party, Ex.A8 is the flight ticket booked through Indigo Airline from Delhi to Chennai, Ex.A9 is the complaint registered Spice Jet Customer Relations through email, Ex.A10 is the reply mail from Spice Jet to the complaint registered in Spice Jet Customer Relations and Ex.A11 is the Aadhaar cards of the complainants.

9. It is evidenced from Ex.A1 that the complainants booked Air tickets from Chennai to Srinagar travelling on 13.05.2023 and the return journey on 18.05.2023.  Since the opposite parties rescheduled the flight through Mumbai, the complainants cancelled the tickets from Srinagar to Chennai travelling on 18.05.2023 and rescheduled the flight from Srinagar at 16:00hours and to reach Delhi at 17:25 hours as per Ex.A2.  Ex.A3 reveals that they booked Air India flight from Delhi to Chennai on 18.05.2023.  Ex.A4, Ex.A5 and Ex.A6 are the automated text messages by the opposite parties informing the rescheduling of the flight timings.  Ex.A7 is the delay certificate issued by opposite parties.

10. It is seen from Ex.A4, Ex.A5 and Ex.A6 that the opposite parties rescheduled the flight timings without assigning any proper reasons.  The opposite parties used to mention in the messages that the flight is rescheduled due to schedule change or operational reasons. The opposite parties had not chosen to explain the proper reasons to the complainants about such delay.  Ex.A3 is the scheduled flight from Delhi to Chennai at 20:40 hours.  After reaching Delhi Airport, the complainants must be in tension and hurry to catch flight to Chennai.  The complainants suffered hardship and agony in reaching to the boarding gate of Air India flight.  Hence the act of rescheduling the flight timings by the opposite parties definitely might have caused the untold hardship and mental agony to the complainants.  Hence we have come to the conclusion that the act of opposite parties rescheduling the flight timings without attributing any reasons amounts to unfair trade practice and deficiency in service. This point is answered accordingly.

Point No.2:-

11. Since we have come to the conclusion that the opposite parties committed deficiency in service and unfair trade practice for rescheduling the flight without assigning any reasons, the complainants should be compensated for the mental agony and hardship suffered by them.  However, the complainants have not substantiated their expenses with proper documentary evidences.  The complainants failed to provide Air India cancellation tickets and the communications sent to Air India.  Moreover they had not chosen to file hotel bills, salary slips to substantiate their claim.  Hence we are inclined to award Rs.25,000/- towards compensation for mental agony, hardship and stress suffered by them due to unfair trade practice and deficiency in service committed by the opposite parties and Rs.5,000/- towards cost of this proceedings. This point is answered accordingly.

In the result, the complaint is partly allowed against the opposite parties 1 & 2 jointly and severally directing them

a) To pay a sum of Rs.25,000/- (Rupees twenty five thousand only) towards compensation for deficiency in service, pain and sufferings of the complainant;

 b) To pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant.

Dictated by the Member-I to the steno-typist, transcribed and computerized by him, corrected by the Member-I and pronounced by us in the open Commission on this 31^st day of January 2024.

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MEMBER-II                                        MEMBER-I                                              PRESIDENT

List of document filed by the complainant:-

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MEMBER-II                                              MEMBER-I                                      PRESIDENT