2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the tickets were booked in the names of Rajat Jaiswal, Ritika Jaiswal and Child Divit Jaiswal for travelling to Pune from Delhi on 03.09.2021 vide PNR No.1J1SYE and return flight on 07.09.2021 for the said passengers, vide same PNR. The tickets were booked on 17.08.2021 with the travel dates, as stated above. It was submitted that the tickets were not got booked directly by the complainants, but through travel agency namely Trip Jack Pvt. Ltd., It was further submitted that the total amount charged for the said tickets was Rs.17,006/-. It was submitted that the entire amount was paid to the opposite party by the said travel agency. It was submitted that on account of change in schedule and technical/operational reasons, the flight from Pune to Delhi was preponed i.e. as against the actual scheduled travel time of 105 hours, the said flight was pre-poned to 0820 hours. It was submitted that the said change in schedule was duly intimated to the complainant by the opposite party by sending an email at the provided email address and also by sending sms at the provided mobile number. The complainant had accepted the said fact in the complaint also. It was submitted that the complainant contacted the opposite party by reaching out to the customer care as well as by e-mail and though the opposite party was not obliged to pay any compensation, of any nature, whatsoever to the complainant, however, as a goodwill gesture, the complainant was provided with travel voucher worth Rs.1000/-, which complainant accepted without any protest or demur. It was submitted that the complainant himself was unable to reach the airport in the morning and as such, through the travel agent, the complainant booked alternate flight on the next day in the morning i.e. on 08.09.2021 and travelled by the same. It was submitted that the said flight was booked without charging any extra amount, though the ticket of the said flight were being sold at higher rates. The complainant alongwith his family members boarded the said flight and travelled to his destination. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–Spicejet Ltd.. with the prayer to: make payment of Rs.1,55,355/- (Rs.1,05,355/- as per point 7 of this notice plus Rs.50,000/- towards mental agony and harassment with the complainant and his family.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Rajat Jaiswala, Annx.C-1 – main ticket, Ex.C-2 – edit booking, Ex.C-3 - spicejet Flight notification, Ex.C-4 – email dated 06.09.2021, Ex.C-6 – complaint regarding flight No. SG8184 . Ex.C-7 to 9 - mobile boarding pass, Ex.C-10 - Manage booking in app,, Ex.C-11 - tax invoice, Ex.C-12 – legal notice, Ex.C-13 & 14 – postal receipts,,Ex.C-15 - Complaint regarding flight NO. SG8184(legal notice), Ex.C-16 – Auto reply – case No. 07878634, Ex.C-17 –postal receipt.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party EX.RW-1 – affidavit of Shri Vijay Roy, General –Legal, Spicejet Ltd., 319, Phase-IV, Udyog Vihar, Gurugram,
6. In this case, the complainant booked a spicejet confirmed return ticket from Delhi to Pune (Dep. 03.09.2021, 08:40 hrs. Flight No. SG8185) and Pune to Delhi (Dep. 07.09.2021, 17:05 hrs. Flight No.SG8184) with vide PNR No. 1J1SYE on 17.08.2021, 16:40 Hrs. for three persons i.e. 1 Rajat Jaiswal (Self), 2. Ritika Jaiswal (Wife), 3, Divit Jaiswal (son infant). The complainant had travelled on 03.09.2021, 08:40 hrs. from Delhi to Pune through flight No. SG8185. On 06.09.2021, 05:40 pm his travel agent got a email from Spicejet Limited that the complainant’s flight had been changed from SG8184 to SG8937 for 07.09.2021 (Pune to Delhi) and whose timing was 08:05hrs. The complainant had planned his travel according to his planning’s and comfort and the complainant was not able to reach the airport prior i.e 08:05hrs..
7. Keeping in view of the above, the Commission is of the opinion that the opposite party has re-scheduled the programme of their flights. By re-scheduling of the programme, the complainant has suffered a lot of money on changed schedule for the hotel and taxis and also lose his customers because he is an Advocate by professional. No doubt it was duly informed by the opposite party for re-scheduling for their programme of the flight of the airline but it was not duly informed by the opposite party in proper time. Opposite party have called the complainant late night and the flight was re-scheduling for early morning which shows the deficiency in service on their part. Hence, the complaint is allowed.
8. Opposite party is directed to refund the paid money to the complainant after deduction of the taxes and GST. Opposite party is also directed to pay Rs.3300/- as compensation for causing mental agony & harassment alognwith Rs.3300/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 15.06.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
