Chandigarh

DF-II

CC/588/2015

Ranju Aery - Complainant(s)

Versus

SpiceJet Ltd. - Opp.Party(s)

Gaurav Bhardwaj Adv.

30 Nov 2015

ORDER

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

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Consumer Complaint  No	:	588 OF 2015
Date  of  Institution	:	16.10.2015
Date   of   Decision	:	30.11.2015

 

 

 

 

 

Ranju Aery w/o Sh.Abnesh Dhadwal, R/o #2361, Sector 19-C, Chandigarh.

 

             …..Complainant

Versus

 

Spicejet Ltd., 319, Udyog Vihar, Phase-IV, Gurgaon-122016, Haryana through its Managing Director/Authorised Signatory.

….. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      :     Sh.Gaurav Bhardwaj, Advocate       

 

For Opposite Party(s)   :     OP exparte.

 

 

PER JASWINDER SINGH SIDHU, MEMBER

 

 

          As per the case, the complainant booked air tickets online from Chandigarh for a holiday to Bagdogra along with her family members.  The tickets were booked through yatra.com from New Delhi to Bagdogra for 23.6.2015 and return journey from Bagdogra to Kolkata and connecting flight of the Opposite Party airlines from Kolkata to New Delhi for 30.6.2015 and an amount of Rs.70,900/- was paid by the complainant through debit card (Ann.C-1 & C-2).

         It is averred that on her return journey, when the complainant along with her family member were waiting at Kolkata airport for boarding the Flight No.SG-256 of Opposite Party to New Delhi on 30.6.2015, she was shocked to know that the flight of the Opposite Party has been cancelled. That the staff of the Opposite Party refused to provide any arrangement inspite of the request that she and her husband had to joint duty on 1.7.2015.  Ultimately, the complainant had to purchased the air tickets of Jet Airways from Kolkata to Mumbai with connecting flight to New Delhi departing at 21:40 hrs, by spending Rs.80,885/- (Ann.C-4, C-5 and C-6 Colly.).  It is also averred that the complainant was having a harrowing time in arranging the cash and she had to arrange the same from her relative in Kolkata.  After reaching Mumbai, she again boarded the connecting flight to New Delhi.  It is pleaded that on reaching New Delhi, the Volvo Bus was also missed and as such they had to board another bus with great difficulty in order to reach Chandigarh to joint duty on time, but she got late. 

         It is pleaded that on getting information from AAI (Airport Authority of India) under RTI Act, 2005, vide Ann.C-9, dated 3.9.2015, it revealed that 129 flight were scheduled for departure from Kolkata Airport on 30.6.2015, out of which 128 flights departed, with seven flights being late and the sole flight of the Opposite Party was cancelled due to operational reasons.  It is also pleaded that the airport was opened and the flights were departing and the Opposite Party cancelled its flight due to reasons best know to them.   It is asserted that the Opposite Party neither refunded the fare of Rs.20,000/- for the Kolkata-New Delhi Sector nor made any alternate arrangement for the complainant. Hence, this complaint has been filed alleging the said act & conduct of the Opposite Party as gross deficiency in service and unfair trade practice.

 

2]       Opposite party did not turn up despite service of notice, hence it was proceeded against exparte vide order dated 20.11.2015. 

 

3]       Complainant led evidence in support of her contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the record. 

 

5]       The complainant had planned a holiday trip to Bagdogra along with her family members, through yatra.com portal.  The said journey was planned in a phased manner i.e. the complainant booked a direct flight from New Delhi to Bagdogra. However, for her returned journey, the same was planned with a break in journey via Kolkata to Delhi.  All the air tickets for her entire to & fro journey were confirmed i.e. for a travel from New Delhi to Bagdogra on 23^rd June,2014 and Bagdogra to Kolkata on 30^th June were with Indigo Airlines, whereas the journey from Kolkata to New Delhi was booked with Spicejet i.e. Opposite Party.  All the payment towards the booking of these air tickets were made by the complainant and the relevant bank account statement to have been placed on record (Ann.C-1 to C-6). 

 

6]       The major part of the journey of the complainant’s holiday trip was uneventful.  However, the complainant on her arrival at Kolkota on 30^th June, 2014 was surprised due to unscheduled cancellation of flight of the Opposite Party at the eleventh hour, leaving the complainant and her family members high & dry.  The complainant had planned to join her duty at her office on 1^st July, 2014 and due to untimely scramble created by the cancellation of the Opposite Party’s flight between Kolkata to Delhi, she was compelled to make frantic efforts to search for alternate modes of air travel, so as to reach her office in time on 1.7.2014.  The complainant has claimed that after completion of her holidays, she was not left with sufficient cash to make fresh purchases of alternate air tickets, which according to her were even in excess of the already booked tickets and she even had to arrange money from different quarters in order to purchase alternate tickets for the flights, which were routed via Mumbai.  Therefore, she ended up paying excess amount of money to the tune of Rs.80,885/-. 

 

7]       The complainant has also alleged that leaving apart the fact that she was not informed well in time about the cancellation of her flight from Kolkata to New Delhi by the Opposite Party, rather even the airport staff of the Opposite Party was totally non-cooperative and even blunt to the extent of leaving her to fend for herself, while making enquiries about the alternate mode of air travel back to Delhi.  It would not be out of place to mention here that the ld.counsel for the complainant at the time of arguments has even stated that the complainant’s in-laws, who are old and infirm and the minor son, were more harassed due to hardship faced by them at Kolkata Airport.  Even the alternate flight, which was routed via Mumbai was tiring and took more time than it would have usually taken for them to travel between Kolkata to Delhi. 

 

8]       The complainant has placed on record a copy of Ann.C-9, which is the detail of total number of flights, which were scheduled for departure from Kolkata Airport on 30^th June, 2015 along with the takes of the flights that departed on time, departed late and the only singular flight No.SG-256 of the Opposite Party, which was cancelled was the one the complainant was to travel on.  This information has been sought by the complainant under Right to Information Act, 2005 from airport Authority of India and is duly supplied under the seal and signature of GM, Operations – TM & Nodal Officer, RTI, Netaji Subhas Chandra Bose International Airport, Kolkata.  The allegation of the complainant with regard to the cancellation of the flight due to undisclosed reasons is confirmed from Ann.C-9.  Even the averments of the complainant with regard to the non-refund of ticket fare of the cancelled flight are found to be correct from the contents of the account statements of the complainant as there is no credit entry from the side of the yatra.com portal, compelling us to believe that the Opposite Party was even adamant to the extent of retaining the genuine refund of the complainant, which she was entitled to on account of unscheduled cancellation of flight in question.

  

9]       The complainant in her prayer has even quoted the price of tickets amounting to Rs.80,885/- which had to pay resultant to the unscheduled cancellation of her flight between Kolkata to Delhi and has claimed that she had to shell out excess money on the fresh ticket which were purchased in emergency and that the Opposite Party must refund the excess amount that she had to pay for the purchase of her fresh air tickets in lieu of the one which were already purchased for the flight between Kolkata to Delhi. 

        

10]      The Opposite party though being duly served through registered post dated 21.10.2015, failed to put in appearance on 20.11.2015, thus raising presumption under Sub-clause (2) of Regulation 10 of The Consumer Protection Regulations, 2005, was proceeded exparte. The Opposite party having failed to contest the claim of the complainant, therefore, all the averments of the complainant go unrebutted.

 

11]     In the light of above observations, we are of the concerted view that the Opposite party is found deficient in rendering proper service to the complainant. Hence, the present complaint of the Complainant is allowed against the Opposite Party. The Opposite party is directed as under:-

 

[a] To refund an amount of Rs.80,885/- minus the air fare between Kolkata to Delhi of the cancelled flight along with interest at the rate of 9% p.a. from the date of cancellation of flight i.e. 30.6.2014 till it is paid;

 

[b] To pay an amount of Rs.1,25,000/- to the complainant as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service;

 

[c] To pay litigation expenses to the tune of Rs.10,000/-

 

         The above said order shall be complied within 45 days of its receipt by the Opposite party; thereafter, it shall be liable to pay an interest @18% per annum, on the amount as mentioned at sub-para [a] above from the date of cancellation of flight i.e. 30.6.2014 till it is paid, and also on the amount as mentioned at sub-para [b] above, from the date of filing of the complaint till it is paid, apart from paying litigation expenses.

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

Announced

30^th November, 2015                                                             Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

Om                                                                                                                       

 

 

DISTRICT FORUM – II

CONSUMER COMPLAINT NO.588 OF 2015

PRESENT:   None   Dated the 30th day of November, 2015

O R D E R                        Vide our detailed order of even date, recorded separately, the complaint has been allowed against the Opposite party.                    After compliance, file be consigned to record room.

 

(Priti Malhotra)	(Rajan Dewan)	(Jaswinder Singh Sidhu)
Member	President	Member