Delhi

North East

CC/485/2014

Diwan Rana - Complainant(s)

Versus

Spice Jet Ltd. - Opp.Party(s)

27 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

 

Complaint Case No. 485/14

 

CORAM:        Hon’ble President Sh. N.K. Sharma

                        Hon’ble Member Sh. Nishat Ahmad Alvi

 

In the matter of:

Diwan Rana

801/16-A, Vijay Park

Maujpur, Delhi-53.                                                                                        Complainant                                       

           

Versus

Spice Jet Ltd

319, Udyog Vihar,

Phase IV, Gurgaon-122016.                                                                Opposite Party

 

                                                                                      DATE OF INSTITUTION: 06-12-2014

                                                                                      DATE OF DECISION      : 27-01-2016

Order

 

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

 

1. By way of present complaint complainant has alleged that he booked, six tickets in OP’s flight from Delhi to Srinagar on 23^rd July 2014 and return tickets for 29^th July 2014. On 23^rd July 2014 three passengers reached at 8:05 AM but they were not allowed to board on the flight scheduled to depart at 9 AM for Srinagar. Complainant went to reservation counter for getting the booking changed for the same day but reservation counter shown its helplessness and asked to contact call centre team. Call centre team too shown their inability to help, suggesting either to go for cancellation or to purchase fresh tickets for Rs. 19000/-. Complainant opted for getting cancellation for 23^rd July 2014 against which OP refunded 1380/- on 24^th July 2014, after deducting cancellation charges. Complainant purchased fresh tickets from other operator for Rs. 15789/- in different flight to Srinagar, the same day.
2. To return from Srinagar when complainant reached Airport on 29^th July 2014 it was informed by the OP that the system is showing the tickets as cancelled and refused to provide boarding passes. Complainant was forced to buy extra tickets for Rs. 19149/- for return journey. After reaching Delhi the complainant informed OP to owe for wrong cancellation of 29^th July 2014 tickets.  OP blamed the complainant himself by telling that cancellation was on complainant’s request only and it shall release Rs. 2370/- as refund for the same. This amount was credited in complainant’s account on 2^nd August 2014. The complainant, against this wrong cancellation, was not redressed by the OP even after several requests. OP also refused to share audio of the conversation dated 23^rd July 2014 between him and OP’s call centre. Aggrieved for the deficient service, on the part of OP, complainant has claimed refund of Rs. 34938/- from the OP alongwith apology and Rs. 1000/- as litigation cost.
3. OP, by filing its reply, specifically denied complainant’s version of reaching at boarding counter at 8:05 a.m. and boarding counter showing its helplessness and its request to call OP’s centre. OP also denied refund of Rs. 1380/-. As per OP complainant reached the boarding counter after departure time from Delhi. While for cancellation request is to be made an hour in advance. There was no request for cancellation of ticket for 23^rd July 2014 but for the cancellation of return flight ticket scheduled for 29^th July 2014. Accordingly return tickets were cancelled and the complainant was given refund of Rs. 3750/- after deducting cancellation charge etc. OP states to rely upon the recording of conversation available with OP. Plea of bar of jurisdiction is also raised by the OP stating that as local office of OP is at IGI Airport, Delhi, Gurgaon and Shekh Sarai forums have jurisdiction.
4. Both the parties filed their respective evidence by way of affidavits.
5. Heard both the parties and perused the record.
6. Complainant has filed copies of the confirmed tickets, fresh tickets taken under compulsion, acknowledgement of the complaint lodged, entire e-mail communications between the two and the legal notice, in support of his contentions while OP has placed no document in its support.
7. Admittedly in spite of confirmed tickets complainant was not allowed to travel in OP’s Airlines from both sides and OP has refunded Rs.3,750/- against cancellation of tickets.  Only dispute between the two remains of particular tickets cancelled and occasion of refund of Rs.3,750/- i.e. cancellation of only return tickets or both – and refund of Rs.3,750/- against cancellation of, return tickets only or both.  
8. To satisfy these queries there are two material evidences. Firstly, statement of account of both the parties and recording of conversations between the two on 23^rd July 2014. None of the parties have filed their respective statements of account in support of their claims. Now the only evidence remains recording of conversation. Record show that inspite of complainant’s repeated requests OP did not share the same with the complainant nor filed it on record in spite of claiming reliance thereon.   Non filing whereof, as well as filing statement of accounts, seems deliberate and intentional on the part of OP.
9. Complainant’s own admission of receipt of Rs. 1380/- against cancellation of 23^rd July 2014 flight show that cancellation was on his own request and not due to any fault of the OP in as much as admittedly other three members were allowed to board on the flight that very day itself.  Further non filing of recording by OP on record and filing of purchase tickets of other flight by the complainant on 29.07.2014 shows that cancellation of return tickets was not on complainant’s request but due to fault of the OP itself.  In case return tickets would have cancelled on complainant’s request OP had credit refund earlier and nor after 29.07.2014.  
10. We are of the view that complainant has no right of claim against cancellation of tickets for flight on 23.07.2014 while OP was deficient in service by wrongful cancellation of return tickets for the flight from Sri Nagar to Delhi on 29.07.2014.
11. Therefore, holding OP guilty of deficiency in service only with respect to return tickets on 29.7.15, we direct the OP to pay to the complainant an amount of Rs.19,149/- alongwith interest thereon @ 12% per annum since 29.07.2014 till the date of full payment.    We also grant a compensation of Rs.5,000/- and Rs.2,000/- as litigation cost to be paid by the OP to the complainant.
12. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. 
13. File be consigned to record room.
14. Announced on   27.01.2016

                                     

 

             (N.K. Sharma)                                                                      (Nishat Ahmad Alvi)          

             President                                                                                        Member