Tripura

West Tripura

CC/24/2015

Sri Dipankar Chakraborty. - Complainant(s)

Versus

Spicejet Ltd. & 2 others. - Opp.Party(s)

Mr. B.Sutradhar,Mr.S. Das, Mr.D. Bhattacharya.

11 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-   24   of   2015

Dipankar Chakraborty,
S/O- Late Manik Lal Chakraborty,
Kadamtali, Krishnanagar,
Agartala, West Tripura.            ...........Complainant.

             ___VERSUS___

1. Spicejet Ltd.,
Corporate Head Office, 
319 Udyog Vihar, Phase- IV,
Gurgaon- 12206,
Haryana,

2. Station Manager,
Spice Airports, Agartala (IX-A),
Airport Authority of India,
Civil Airport, Agartala,
PIN- 799009.

3. Hindustan Tour & Travels,
07, L.N.  Bari Road,
Agartala- 799001.            .........Opposite parties.
    

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant    : Sri Samar Das, 
                  Sri Bidyut Sutradhar,
                  Advocates.

For the O.P.            : Authorized Representative 
                  of the Spicejet.
                                                    
JUDGMENT  DELIVERED  ON:  11.04.2016
J U D G M E N T

        This case was filed by one Dipankar Chakraborty against Spicejet Ltd. The case of the petitioner in short is that on 04.07.14 the petitioner purchased up and down ticket for availing journey from Agartala to Kolkata and from Kolkata to Agartala return. On the date of journey on 15.12.14 Spicejet informed by SMS that flight was canceled. Petitioner already purchased ticket for journey from Howrah to Hydrabad for treatment. So, he purchased ticket from Air India by paying Rs.24,500/-. But lastly Spicejet informed that flight is rescheduled not cancelled. So, petitioner had to cancel Air India flight and went to Kolkata on 15.12.14 at 5.50 P.M. The return journey Spicejet informed through SMS that flight from Kolkata to Agartala cancelled as scheduled on 31.12. Complainant then purchased 3 tickets from Air India for Rs.31,734/-. Out of that Rs.7,500/- was refunded by O.P. No.1 and 2 Spiecjet. Complainant suffered financial loss for Rs.27,840/-. He was harassed and there was complete deficiency of service by O.P. Therefore, petitioner  claimed Rs.1,28,740/-. 

        O.P. No.1 and 2 filed W.S., denying the claim. It is contended that company reserved right for cancellation for delay of flight. Carrier is not liable for damage as occasioned by delay. The departure time was reschedule and no damage was caused to the petitioner. There was no deficiency of service by the O.P. Therefore, O.P. prayed for dismissal  of the complaint. 

        On the basis of assertion denial made by the parties following points cropped up for determination.
        (I) Whether the petitioner suffered loss by the cancellation of ticket and reschedule of the flight?
        (II) Whether there was deficiency of service by the Spicejet, O.P?

        Claimant petitioner side produced Air ticket of 15.12.14, copy of Itinerary information 15.12.14, 24.12.14, boarding pass on 15.12.14, copy of E ticket, service, copy of prescription Hospital bill Exhibited and marked Exhibit-1 to Exhibit-8. 
        Petitioner also examined one witness i.e., Dipankar Chakraborty claimant petitioner of this case. 

        O.P. on the other hand produced photocopy of terms of carriage, notification of Director of Civil Aviation requirement as Annexure 1, 2 are not exhibited. 
        O.P. also examined one witness Pankaj, Senior Manager, Legal and corporate. 

        On the basis of all these evidence on record we shall now determine the above points.
        
    Findings:
        We have gone through the up and down tickets of flight No- SG 840 from Agartala to Kolkata. Availed journey from Agartala to Kolkata in the same flight. Departure time 5.50. For 3 nos. of tickets of Air India dated 15.12.14 booked on 31.12.14. From perusal of all these tickets it is evident that the availing journey from Agartala to Kolkata and return from Kolkata to Agartala tickets for 3 passengers was purchased. It is also not denied by the O.P. that information about the cancellation of flight on 15.12.14 was given by Spicejet on same date. The petitioner was in need to go to Kolkata on 15.12. to avail journey by from Howrah to Hydrabad. Railway reservation tickets are also produced to support that journey by train was on 16.12.14. So, petitioner was in need to go to Kolkata on 15.12. to avail journey from Howrah to Secunderabad on 16.12.14. The picture is very clear from the evidence of complainant and the tickets as produced. 

        Petitioner was misguided by SMS sent by the Spicejet and due to that he purchased the tickets from Air India for availing journey on 15.12 to catch the train scheduled to go to Secunderabad on 16.12. Prescription also produced to support that petitioner was in need to go to Secunderabad for treatment. Therefore it is evident that petitioner was harassed along with 2 members of the family by the wrong information of the Spicejet. So, the O.P. is to pay the amount of cancellation charge to go to Kolkata on 15.12.14 by Air India. 

        We have gone through the tickets and it is found that the petitioner along with two members purchased tickets from Spicejet for return journey on 31 December 2014 but that flight was also canceled. It is true that O.P. reserved the right to cancel and information about the cancellation was given well ahead. So, petitioner had to purchase tickets from Air India for availing journey on the same date. The price of air tickets from Air India were higher as he had to purchase it on urgent basis because of sudden cancellation. So, the difference of the price he is entitled to get from the Spicejet who canceled the flight without any reason. O.P. is to refund the amount that was taken for journey from Kolkata to Agartala along with difference that the petitioner had to pay to Air India. The contention of the O.P. is that they had contractual obligation to pay the amount of the damage. It is true that petitioner is not entitled to get actual damage caused by the cancellation of the flight or rescheduling the flight. But the petitioner is entitled to get compensation for the deficiency of service of the O.P. 

        From the evidence as produced by the petitioner and the O.P. it is transpired that there was deficiency of service by the Spicejet. Rescheduling of the flight was informed on the date of flight. Firstly it was informed that flight was canceled thereafter rescheduling was done. At the time of return journey also flight was canceled. As a result petitioner had to purchase the ticket at high price on urgent basis because petitioner had to come back with the family members on 31.12.14. He suffered huge damage, mental agony because of the deficiency of service. Therefore, petitioner is entitled to get compensation for deficiency of service. Both the points are decided accordingly in favour of the petitioner. 

        In view of our above findings over the two points we have taken the decision that the petitioner suffered because of the deficiency of service of the O.P. Spicejet. There was mental harassment for such rescheduling on the last moment. Petitioner therefore, will get cancellation charge of air India ticket Rs.4500/-.  Petitioner purchased the air India ticket at the time of return journey as flight on 31.12. was canceled. He purchased the 3 tickets for Rs.31,740/- whereas the cost of the spice jet tickets were about 7,000/-. Petitioner is entitled to get this difference of Rs.31,740/- - Rs.7000/- = Rs.24,740/-. There was no deficiency of service in case of journey on 31.12 because on 23th December the matter of cancellation was informed. So, in this case petitioner entitled to get only actual loss sustained by the petitioner. In addition, petitioner is entitled to get Rs.15,000/- for the deficiency of service by O.P. Thus, in total petitioner is entitled to get Rs.24,740/- + Rs.4,500/- + Rs. 15,000/- +  Rs.5000/- for cost of litigation. We direct the O.P. Spicejet to pay this amount Rs.49,240/- to the petitioner within 2 months, if it is not paid it will carry interest @ 9% P.A.      

                     Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, WEST TRIPURA.