Tamil Nadu

South Chennai

216/2010

R.Jeyaraman & Bharathwaj - Complainant(s)

Versus

Spice Jet, Managing Director - Opp.Party(s)

Messrs Aruna Ganesh & K.Sivasubramanian

15 Feb 2017

ORDER

                                                                        Date of Filing :   25.05.2010

                                                                        Date of Order :   15.02.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT            

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

               DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.216/2010

WEDNESDAY THIS  15^TH  DAY OF FEBRURAY 2017

 

1)  R. Jayaraman,

S/o. Ratnaswamy,

2-B, Ayshwarya Villa, 

17, Sadasivam Street,

East Gopalapuram,

Chennai 600 086.

 

2. Mr. Bharathwaj,

S/o. R. Jayaraman,

2-B, Ayshwarya Villa,

17, Sadasivam Street,

East Gopalapuram,

Chennai. 600 086.                                             ..Complainants

                                              ..Vs..

 

Spice Jet Ltd.,

Rep. by its Managing Director,

Near Steel Gate Bus Depot,

Terminal I,

Indira Gandhi International Airport,

New Delhi 110 037.                                            ..Opposite party.

 

For the Complainants                 :    M/s. Aruna Ganesh & others       

For the opposite party                 :    Exparte.

 

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 This complaint is filed by the complainant against the opposite party  to pay a sum of Rs.1,00,000/- towards compensation for the mental agony and harassment suffered by the complainants and also to pay a sum of Rs.2,500/- towards cost of the complaint 

The averment of the complaint are brief as follows:

          The 2^nd complainant is the son of the 1^st complainant.  The 2^nd complainant pursuing higher education in USA came to Chennai and had to leave for Pune urgently on 16.6.2008 for the purpose of his internship.  On 14.6.2008 the 1^st complainant purchased a ticket in Spice Jet flight from Chennai to Pune to depart in the early hours of 16.6.2008.   The 1^st complainant used his HDFC Bank international credit card for purchase of the ticket through internet for a sum of Rs.4,224/- and was debited to his account.    The transaction was approved by the HDFC Bank and the 2^nd complainant also received the confirmation SMS on his mobile phone on 14.6.2008 confirming the booking in the 2^nd complainant’s name.   Based on his confirmation the complainants obtained a print out of the ticket.  

2.     On 16.6.2008 when the 2^nd complainant reached the Chennai Airport at 4.30. a.m he was informed that his ticket has been cancelled and inspite of showing the print out of the confirmed ticket he was not allowed to board the flight.     The 2^nd complainant was to reach Pune that morning for an important assignment which was vital to his educational carrier.  The 2^nd complainant also tried to impress the opposite party that failure to reach Pune would cause serious consequence and will affect his further studies.   

3.     The 2^nd complainant contacted the 1^st complainant who informed to the officer that the conduct of cancelling confirmed ticket is illegal and improper but they gave evasive reply.    Since the 2^nd complainant did not have enough cash to purchase another ticket he was forced to use his debit card to purchase the said ticket for Rs.4,724/- by incurring additional expense.    Thus the confirmed ticket has been unilaterally cancelled without any information or reference to them.  Therefore the complainants suffered mental agony and harassment.  

4.     The complainant had addressed the opposite parties officers on 29.9.2009, 10.10.2008 13.12.2008 and 12.1.2009 seeking an explanation for their act.    The opposite party also sought for details of the complainants for which the complainant also furnished the same.    Thereafter the 1^st complainant received a reply dated 19.6.2008 served on during the 1^st week of January 2009 stating that the confirmed ticket was cancelled as it was made through a non Indian credit card and the card holder has to be one of the passengers and on cancellation the booking amount was refunded to the credit card and the pricing of the tickets on the airline depends upon the availability of the seeds and therefore the available fare was charged in respect of the 2^nd ticket purchased by the 2^nd complainant.   

5.     Even at the time of booking of the 1^st ticket it was made clear and the opposite party was aware that the card holder was not one of the passenger and booking was confirmed.    If the present stand were to be accepted the opposite party ought not to have accepted the booking.   Having accepted the booking and confirmed the same it is not open to the opposite party to cancel the booking unilaterally without prior notice or intimation.   Therefore the act of the opposite party amounts to deficiency in service and hence the complaint is filed.

6.     Inspite of receipt of notice the opposite party did not appear before this forum and therefore they were set exparte.

7.     Though the opposite party remained expate this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

8.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainants as their evidence, and also Ex.A1 to Ex.A8  are marked. 

9.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite  party as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

10.  POINT No. :1                    

          The fact of the case reveals that the 2^nd complainant is the son of the 1^st complainant.  The 2^nd complainant pursuing higher education in USA came to Chennai and had to leave for Pune urgently on 16.6.2008 for the purpose of this internship.    The ticket was booked on 14.6.2008  through the credit card of the 1^st complainant for a  sum of Rs.4224/- which was confirmed by the opposite party and the 2^nd complainant also received the confirmation through SMS in his mobile phone.  The grievance of the complainant is that having taken a print out of the confirmed ticket the 2^nd complainant reached the airport  on 16.6.2008 at 4.30. a.m.  and showed the confirmed to the opposite party but he was not allowed to board the flight  stating that his ticket was cancelled.   Finding no other way the 2^nd complainant purchased another ticket through his debit card for a sum of Rs.4,724/- by incurring additional expense of Rs.500/-.  Therefore the 1^st complainant lodged a complaint to the opposite party for which they replied that the ticket was booked by the 1^st complainant in his credit card, since the 1^st complainant is not a passenger the ticket of the 2^nd complainant was cancelled.  The complainants were also put into mental stress and hardship.  Aggrieved by the act of the opposite party the present complaint is filed seeking damages of Rs.1,00,000/- towards mental agony and harassment.

11.    On  perusing  Ex.A1 it reveals that the ticket is booked through online in the credit card of the 1^st complainant for a sum of Rs.4,224/-.   Admittedly though the credit card was accepted by the opposite party and issued a confirmed ticket on 14.6.2008 the 2^nd complainant was refused by the opposite party to board in the flight even after showing the print out of the confirmed ticket by stating that the ticket is already cancelled.    

12.    If the opposite party has any rule as stated by them in their reply to the complaint given by the 1^st complainant they ought to have not accepted the booking but rejected it.   Whereas failure on their part to do so, and simply refusing to allow  the 2^nd complainant to board the flight without giving any prior intimation is neither acceptable nor sustainable but it is a clear deficiency of service.

13.    Being a student with mind full of anxiety in attending the internship  the manner of act of the opposite party in not permitting the boarding of the 2^nd complainant clearly would have caused mental agony and harassment to the  complainants.

14.    Though the opposite party has credited the ticket amount of Rs.4,224/- in the credit card account of the 1^st complainant, the act of opposite party in not intimating the cancellation of the ticket to the complainants at the earliest point of time is a clear deficiency of service on the part of the opposite party.  

       

15.      It is also found from Ex.A2 that the opposite party had given reply to the 1^st complainant dated 19.6.2008.  Whereas the complainants had evidenced in their proof affidavit that the said reply was received only during the 1^st week of January 2009.  Meanwhile the 1^st complainant has also sent further complaint to the opposite party with respect of cancellation of the ticket at the time of boarding of the flight.    It is also evidenced through Ex.A8 that the complainants had issued  legal notice to the opposite party to compensate them for their deficiency in service.    But the opposite party failed to send any reply.    

16.    It is also found that the 2^nd complainant had purchased another ticket by using his debit card by incurring additional expense of Rs.500/-.  Therefore the contention of the complainant is that due to the act of the opposite party the 2^nd complainant was forced to incur additional expenses is also acceptable.   

17.    Therefore in the light of the above discussion this forum is inclined to hold that the opposite party had committed deficiency in service.  It is also clearly established by the complainants that due to the act of the opposite party they had suffered mental agony and hardship.  Therefore the opposite party is liable to compensate the complainants for causing mental agony.  

18.    Therefore this forum is of the considered view that the complainant has proved the deficiency of service on the opposite party by means of relevant evidence beyond doubts.  Though sufficient opportunity was given the opposite party has not chosen to appear before this forum in order to refute the contention of the complainant.   Therefore this forum can easily draw an adverse inference against the opposite party since there is no any contra evidence.  Thus point No.1 is answered.

19.   POINT NO.2.

As per decision arrived in point No.1, it is also seen that due to the act of the opposite party the complainant suffered mental agony and hardship therefore the complainant is also entitled for a sum of Rs.25,000/- towards compensation for mental agony and hardship  and also a sum of Rs.5,000/- towards cost.  Thus point-2 is also answered accordingly.

In the result, the complaint is allowed in part.  Accordingly the opposite party is directed to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) as compensation for mental agony and hardship due to deficiency of service on the part of the opposite party and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) towards cost to the complainants.

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

              Dictated by the Member-I to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the  15^th  day  of  February  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainants’ side documents:

Ex.A1-  12.7.2008 - Copy of card statement of HDFC Bank.

Ex.A2- 19.6.2008  - Copy of letter from opposite party

Ex.A3- 29.9.2008  - Copy of letter of 1^st complainant.

Ex.A4- 3.10.2008  - Copy of letter from the opposite party

Ex.A5- 10.10.2008         - Copy of letter of 1^st complainant.

Ex.A6- 13.12.2008         - Copy of letter of 1^st complainant.

Ex.A7- 12.1.2008  - Copy of letter of 1^st complainant.

Ex.A8- 9.12.2008  - Copy of legal notice issued by the complainant with

                             postal receipt

 

 

Opposite party’ side documents:   .. Nil.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.