Chandigarh

DF-II

CC/378/2014

Dr. Sukhchain Singh Bhullar - Complainant(s)

Versus

SpiceJet Ltd. - Opp.Party(s)

Pradeep Bhanot & Karambir Singh, Adv.

04 Feb 2015

ORDER

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

============

Consumer Complaint  No	:	378 of 2014
Date  of  Institution	:	24.07.2014
Date   of   Decision	:	04.02.2015

 

 

 

 

Dr.Sukhchain Singh Bhullar, MBBS ENT Specialist, aged about 64 years, S/o Late Sh.Wazir Singh, resident of H.No.3004, Ajanta Enclave, Sector 51-D, Chandigarh 160047

 

 

             …...Complainant

Versus

 

1]  SpiceJet Ltd., through its CEO, #319, Udyog Vihar, Phase-IV, Gurgaon 122016 Haryana.

 

2]  Rohit Badhwar, AIRPAK INTERNATIONAL, SCO 71-73, 1^st Floor, Cabin No.16, Sector 17-C, Chandigarh 160017 Deleted vide order dated 10.10.2014

 

  …...Opposite Parties

 

BEFORE:  MRS.MADHU MUTNEJA     PRESIDING MEMBER

SH. JASWINDER SINGH SIDHU   MEMBER

           

 

Argued By: Sh.Pradeep Bhanot, Counsel for the complainant.

Sh.Vishal Madam, Counsel for the Opposite Party-1 (Opposite Party-1 exparte).

Opposite Party-2 deleted.

 

 

PER MADHU MUTNEJA, MEMBER

 

1]      This complaint was initially filed against two Opposite Parties. Opposite Party No.2 had also filed reply along with annexures.  But later, on a statement made by the complainant on 10.10.2014, the name of Rohit Badhwar (Opposite Party No.2) was deleted from the array of Opposite Parties.

 

2]       The complainant, who is a medical practitioner in the field of ENT, had been invited to conduct an examination at a Medical College at Nanded (Maharashtra). He had accordingly booked two return flights of the Opposite Party with Scorpion Travels for departure on 2^nd June, 2014 from Chandigarh to Delhi at 9.45 A.M. with arrival at Delhi at 10:50 A.M.; and from Delhi to Hyderabad at 1:20 AM with arrival at 3:35 P.M..  Return was scheduled for 4.6.2014 (Annexure A-3, A-6). Scorpion Travels had further booked these tickets through AIRPAK INTERNATIONAL (Opposite Party No.2 since deleted).

         When the complainant reached the Chandigarh Air Terminal at 8.00 AM to board the Chandigarh- Delhi Flight, he was surprised to know that the flight had been cancelled. He accordingly lodged a complaint at the terminal. Thereafter, the complainant travelled to Delhi by Taxi at his own expenses.  Due to the delay, his flight to Hyderabad was also missed and he had to be accommodated to an alternate flight SG 239 with departure at 7:55 P.M.

         On reaching Delhi, when the complainant checked in at the Flight Terminal, he realized that the flight was two hours late.  The flight eventually took off from Delhi at 9:35 P.M. and landed at Hyderabad around 11:40 P.M. The complainant thus had to stay overnight at a Hotel in Hyderabad at his own expenses, though the College at Nanded was to provide suitable accommodation. The complainant has alleged that he could not reach Nanded before 1.00 P.M. as he had to travel from Hyderabad to Nanded having distance of 250 KMs.  The entire process of the examination was thus held up due to the delay caused by him. The complainant has alleged that he was on a very important academic engagement, but because of his late arrival, it created a very bad impression about him amongst his     co-examiners and medical students. The complainant has further alleged that on his return, he contacted the Opposite Parties for refund of the air ticket amount for the cancelled ticket.  But Opposite Party did not comply. He accordingly send a legal notice seeking refund of the money along with damages but the OPs have not even bother to reply.  Thus, the complainant has filed the instant complaint claiming the refund of the ticket money along with taxi fare and damages to reputation.

         The complainant has further stated that the return trip was as per schedule. He thus traveled from Hyderabad to Delhi and from Delhi to Chandigarh without problem. 

 

3]       Opposite Party No.1 was initially proceeded exparte on 17^th Sept., 2014.  Thereafter, Opposite Party No.1 went in appeal against the order before the Hon’ble State Consumer Disputes Redressal Commission, UT, Chandigarh. The Hon’ble State Consumer Disputes Redressal Commission, UT, Chandigarh was pleased to remand back the case to this Forum, subject to a cost of Rs.3000/-.  A direction was given to this Forum to afford a reasonable opportunity to Opposite Party No.1 to submit Vakalatnama and written reply.  Though, since the cost was paid by Opposite Party No.1, reply was not filed, hence the Opposite Party No.1 was proceeded exparte once again on 22.12.2014 when none appeared on its behalf. 

 

4]       Complainant led evidence in support of his contentions.

 

5]       We have heard the ld.Counsel for the complainant and have also perused the record. Opposite Party No.1 is exparte and Opposite Party No.2 has been deleted from the array of Opposite Parties.

 

6]       The complainant is aggrieved as though he had booked tickets with the Opposite Party No.1, he has not been able to reach Nanded for his professional assignment on time. As per the tickets booked by him, the complainant was to reach Hyderabad at 3:35 P.M. on 2.6.2014 after which he was to go to Nanded by road.  Unfortunately, due to cancellation of flight from Chandigarh to Delhi, the complainant had to travel to Delhi by taxi. In the process he missed his scheduled Delhi - Hyderabad flight, and had to take later flight from Delhi to Hyderabad. This flight was also delayed and he reached Hyderabad only late in the night.  Choosing not to travel during the night, the complainant could not reach the destination (Nanded) before 1.00 P.M. Alleging that the entire process has caused him immense harassment and loss of reputation, the complainant has claimed refund of the amount paid besides compensation. 

 

7]       Annexure A-3 & A-6 are separate copies of e-ticket issued by Opposite Party No.1 and Scorpion Travels respectively to the complainant.  Also placed on the file by Opposite Party No.2 (now deleted) are Ann.1, 2 & 3, along with reply. It can be seen from the annexures that the total cost of the four flights were Rs.18,599/- out of which Rs.5935/- has been refunded by AIRPAK INTERNATIONAL (Opposite Party No.2 - deleted) to Scorpion Travels. But Scorpion Travels has not been arrayed as an Opposite Party, even though the complainant had bought tickets through them. Hence, their version is not on record whether the amount has been refunded to the complainant. Hence, the complainant needs to approach Scorpion Travels for the refund.

         It is however evident that the complainant has been harassed due to cancellation of flight from Chandigarh to Delhi. He also had to take a later flight from Delhi to Hyderabad due to the delay. He has paid Rs.3500/- as taxi fare for travel to Delhi (Ann.4-A).   

 

8]       As reply of Opposite Party No.1 is not on record, we do not know the reason for the cancellation of the flight from Chandigarh to Delhi. But refund against the cancellation has definitely been processed as Opposite Party No.2 (since deleted) has sent the money to Scorpion Travels through whom the tickets have been booked. Due to the unexplained cancellation, the complainant’s entire schedule to Hyderabad was disturbed and he was immensely harassed and delayed. For this we are inclined to hold Opposite Party No.1 deficient in rendering proper service and causing harassment to the complainant.  We thus direct the Opposite Party No.1 to pay a consolidated amount of Rs.15,000/- to the complainant towards costs and compensation for harassment. This order shall be complied with by Opposite Party No.1 within a period of 45 days from the date of its receipt, failing which it shall be liable to pay the awarded amount along with interest @9% per annum from the date of order till realization.

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

Announced

4^th February, 2015

                                      

(MADHU MUTNEJA)

PRESIDING MEMBER

 

 

 

 

 (JASWINDER SINGH SIDHU)

                                     MEMBER

Om      

    

 

                

 

DISTRICT FORUM – II

CONSUMER COMPLAINT NO.378 OF 2014

PRESENT:   None   Dated the 4th day of February, 2015

O R D E R            Vide our detailed order of even date, recorded separately; the complaint has been allowed against Opposite Party No.1.          After compliance, file be consigned to record room.

 

(Jaswinder Singh Sidhu)		(Madhu Mutneja)
Member		Presiding Member