Chandigarh

DF-II

CC/463/2020

Vipan Sharma - Complainant(s)

Versus

Spice Jet Ltd. - Opp.Party(s)

Arjun Kundra

26 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	463 of 2020
Date  of  Institution	:	17.09.2020
Date   of   Decision	:	26.10.2022

 

 

 

 

1]  Vipan Sharma s/o Late Sh.B.A.Sharma,

2]  Sangina Sharma w/o Sh.Vipan Sharma,

3]  Vansh Vashisht s/o Sh.Vipan Sharma,

All residents of H.No.155, Sector 51-A, Chandigarh PIN- 160047    

             …..Complainants

 

Versus

1]  SpiceJet Ltd., 319, Udyog Vihar, Phase IV, Gurgaon (now Gurugram) PIN 122016 Haryana, India through its Directors/Authorized Signatory

2]  Goibibo, Ibibo Group Pvt. Ltd., Goibibo.com, 19^th Floor, Tower A. B, C, Epitome Building No.5, DLF Phase-2, Sector 24, Gurugram, Haryana 122002 India through its Directors/Authorized Signatory.

    ….. Opposite Parties

 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.B.M.SHARMA                     MEMBER 

                                                        

 

 

Argued by:- Sh.Arjun Kundra, Advoate for complainant

 None for OP No.1.

 Sh.Gaurav Rana, Advocate for OP No.2.

 

PER B.M.SHARMA, MEMBER

 

         The case of the complainants briefly is that they in order to visit the Holy City of Shirdi, booked air-tickets of OP No.1 Airlines, through OP No.2, for onward & outwards journey i.e. for 27.12.2019 from Delhi – Shirdi and for 29.12.2019 from Shirdi to Delhi, by making payment of Rs.16,600/- and Rs.14,649/- respectively and the same were confirmed by OP No.1 Airlines (Ann.C-2 & C-6). It is stated that the complainants had also made booking of Shatabdi Train from Chandigarh to Delhi for 27.12.2019, Hotel Stay in Shirdi for one night at Hotel Temple Tree for 27/28.12.2019 and booking for return journey from Delhi to Chandigarh via Volvo Bus for 28.12.2019. However, on reaching Delhi Airport well in time, after getting check-in and being issued Boarding Passes and standing in the queue to board the plane, suddenly the officials of OP No.1 Airlines closed the boarding gates and informed the complainants that their flight from Delhi to Shirdi has been cancelled.  It is submitted that staff of OP No.1 did not give any reason for cancellation of flight.  Further, the OP No.1 did not make any alternative arrangement/flight to reach Shirdi nor offered any hotel/accommodation or stay in Delhi nor made any arrangement for return journey of complainants to Chandigarh. It is also submitted that having no option, the complainants were forced to return to Chandigarh and as such, they had to purchase on spot fresh air tickets in emergency of Air Asia by paying an amount of Rs.17,682/- (Ann.C-4) for Delhi to Chandigarh flight.   It is pleaded that when the complainants agitated the matter with the OPs, they raised a false ground that the flight was cancelled due to bad weather.  It is submitted that due to above said deficiency act & conduct of the OPs, the complainants have to suffer financial loss, mental agony and physical harassment. Hence, this complaint.

 

2]       The OP No.1 has filed reply and while admitting the factual matrix of the case, stated that due to “Bad Weather” at Shirdi, the OP was constrained to cancel the flight No.SG-946 from Delhi to Shirdi.  It is submitted that in view of “Bad Weather at Shirdi”, and as per the directions of ATC, the OP had to cancel the flight in question and intimation about the said cancellation was sent to the complainants by way of e-mail and SMS on their email id and mobile number on 27.12.2019 at 12.38 hours. It is submitted that the complainants were given an option to seek full refund or get an alternate flight by contacting the reservation helpline, but the complainants did not seek the assistance of OP for availing alternate flight and as such, full refund of Rs.16,660/- along with Rs.399/- was processed to the complainants by remitting the said amount on 9.1.2020 through travel agents i.e. OP No.2.  It is also submitted that the complainants were ‘No Show’ for the next day’s flight from Shirdi to Delhi and OP No.1 has the right to forfeit the said amount, but as a goodwill gesture, the OP No.1 refunded the entire ticket amount of Rs.14,649/- to the complainants through OP No.2 i.e. their travel agent on 28.12.2019 itself.  It is asserted that since the flight in question was cancelled due to “Bad Weather at Shirdi” and the OPs have already refunded the entire ticket amount along with ticket amount of return flight, which was neither cancelled nor boarded, there is neither any deficiency nor any negligence on the part of the answering OP.

 

         The OP No.2 has filed reply and while admitting the factual matrix of the case as a matter of record, stated that the sole grievance of the complainants is against OP No.1.  It is submitted that answering OP has duly issued the desired confirmed flight bookings on the desired date to the complainants and after the issuance of the confirmed flight bookings, the answering OP is discharged of its obligations qua the bookings and service provider. It is submitted that the complainants did not disclose that the answering OP has duly processed the complete refund amounting to Rs.31,589/- dated 3.1.2020 for both the onwards and return sector flight bookings.  It is stated that answering OP has duly performed all its duties by issuing the concerned flight bookings and by further processing the refund at the instance of cancellation by OP No.1, hence no further liability or deficiency is attributed towards OP No.2.  Denying other allegations, OP No.2 has prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have gone through entire documents on record.

5]       From the documents & evidence on record, it is clear that the complainants had already received the refund of their cancelled air-tickets for onwards from Delhi to Shirdi as well as fare of return journey from Shirdi to Delhi through OP Airlines scheduled for 27^th & 29^th Dec., 2019 respectively by the month of Jan., 2020, whereas the present complaint has been filed in Sept., 2020. 

6]       The claim of the complainants that their flight from Delhi to Shirdi scheduled for 27.12.2019 through OP Airlines was cancelled without any reason is not justified.  In our view, the OP has rightly cancelled the flight in question due to “Bad Weather” at Shirdi as well as per the directions of ATC in this regard.  It is opined that as the reason for cancellation of the flight in question was beyond the power and control of the Airline, no deficiency in service is made out against OP Airline. 

7]       Further, as per Clause 1.4 and 1.5 of Civil Aviation Requirements issued by DGCA, the airline is not liable to pay compensation in respect of cancellations and delays which are attributable to ATC (Air Traffic Control), meteorological conditions, unexpected flight safety shortcomings, operational and technical reasons etc. or any other causes that are beyond the control of the airline but which effect their ability to operate flights on schedule. Similar is the position in the present case, therefore, the complainants are not entitled to any compensation.

8]       In the light of above observations, we are of the considered view that no case of any deficiency in service is made out against the OPs.  Therefore, the present complaint being without merit is hereby dismissed. No order as to costs. Pending application(s), if any, also stands disposed of accordingly.

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

Announced                                                     

26^th October, 2022                           

                                                                        Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

 (B. M. SHARMA)

MEMBER