DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1099/2016
D.No.____________________ Dated: _________________
IN THE MATTER OF:
SHAMIK NAG S/o LATE Sh. SUNIL KUMAR NAG,
R/o J-D 16-D, SFS FLATS,
DAKSHINI PITAMPURA,
NEW DELHI-110034. … COMPLAINANT
Versus
1. SPICEJET LTD.,
319, UDYOG VIHAR, PH-IV,
GURGAON-122016 (HARYANA).
2. SH. NITIN JAIN,
TRAVELOSHIP TOUR & HOLIDAYS,
G-14, AGGARWAL E-MALL, SECTOR-7,
ROHINI, NEW DELHI-110085. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 19.10.2016 Date of decision: 04.01.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant for his vacation travel in September-2016 had booked through OP-2 the air-tickets from New Delhi to Leh by flight no. G8-
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195 of GO Airlines scheduled to depart on 14.09.2016 from New Delhi at 05:15 a.m. and scheduled to arrive at Leh at 06:35 a.m. and return air-ticket from Srinagar to New Delhi by flight no. SG-188 of OP-1 scheduled to depart on 26.09.2016 from Srinagar at 14:40 hours and scheduled to arrive at New Delhi at 16:05 hours.The complainant further alleged that there was a continuous curfew in Srinagar city and its suburbs for 3 months following the killing of few militants on 08.07.2016 which unrest is continuing even today and in view of the severe and widespread unrest, the complainant wanted to abort the trip and through several e-mails the complainant requested Spicejet Airlines to cancel the ticket and give a full refund of the money paid towards its cost and the complainant had also given an additional alternate option to Spicejet Airlines to arrange for the return from Leh instead from Srinagar in an alternate flight, should OP not wish to give a full refund and the airlines initially kept on parrying the matter of a full refund and insisted that the complainant get back to them in this matter by the second week of September-2016 and the complainant informed Spicejet Airlines that unless given a full-refund for the cost of the tickets, the complainant would have no choice other than planning ahead for the trip instead of wasting the money and moreover, as outbound flight was with a different airlines (Go Air),
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the complainant informed the Spicejet authorities that arranging for a refund from them at any later stage would not be possible without levy of huge monetary penalties and Spicejet Airlines still did not accede to request for full-refund and hence the complainant to go ahead with the trip. The complainant further alleged that a few days prior to scheduled departure from New Delhi to Leh, the complainant came to know from an e-mail of Spicejet Airlines that OP had cancelled the flight no. SG-188 dated 26.09.2016 from Srinagar to New Delhi and OP had unilaterally booked the complainant in a different flight no. SG-183 from Srinagar to New Delhi without even seeking the consent of the complainant in the matter and immediately the complainant got in touch with them again and since the complainant had already made the arrangements for stay in Leh and Zanskar, the complainant requested Spicejet to follow the DGCA rules and regulations in the matter and make available an acceptable alternate arrangement for the travel back to New Delhi at no additional cost to the complainant. However, OP-1 refused to follow the rules and regulations framed by the Directorate of the Director General of Civil Aviation in the matter of cancellation of flights by the operating airlines and alternate arrangements to be made for taking care of the travel needs of the booked passengers and the complainant went ahead with the trip and in Leh the complainant came to know
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that no public or private transport to Srinagar was plying from Leh and its suburbs and the few private vehicles that risked a run mostly ended up with their window panes getting shattered with stones with sticks and it made little sense to take such a big risk and go to Srinagar for catching the flight with hotels and petrol-pumps all shut in the city, availability of food and shelter a big question mark due to the continuous curfew not to say the risks of injury and in the meantime, due to the surge-pricing policy of the airlines industry the cost of return ticket from Leh to New Delhi had zoomed to above Rs.15,000/- and the only other way to return to New Delhi was by road via Manali and via the high mountain passes which generally receive the season’s first snowfall by the third week of September and the passes generally close for travel any time after the middle of September depending on the amount of the snowfall. The complainant further alleged that the complainant was advised bythe hotel people in Leh to make an early move and take the road route to New Delhi via Manali and the complainant had to return to New Delhi by road which also cost a huge sum by way of accommodation, transport and food. The complainant further alleged that all the other airlines that fly the domestic sector in India have given an option of full-refund to their guests who were scheduled to travel to/from Srinagar during the disturbed period and Spicejet Airlines has not given a full-refund for the cost of the
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ticket and even after OP cancelled their flight in which the complainant was booked for travel, OP did not make available to an acceptable alternate option as per the rules and regulations framed by the DGCA in all cases of cancelled flights by the operating carrier and as a consequence, the complainant was compelled to spend considerable sum of money for return by road from Leh to New Delhi which journey was long, tiresome and indeed back-breaking, Spicejet Airlines continues to keep the amount that the complainant paid to them for the cost of the ticket.
2. On these allegations the complainant has filed the complaint against OP for the mental harassment and deficiency in service and the complainant seeks to recover all the costs and expenses incurred by the complainant for return by road from Leh to New Delhi together with a full refund of the entire amount paid by the complainant to Spicejet Airlines for the cost of air-ticket plus the costs and expenses of litigation and the penal amount for harassment and mental agony.
3. Notices to OPs were issued through speed post for appearance on 30.01.2017 and as per track reports OP-1 & OP-2 have been served on 23.11.2016&09.02.2017 respectively. As none has appeared on behalf of OPs, accordingly, OPs were proceeded ex-parte vide order dated 30.03.2017. However, on 19.07.2017, Sh. Rishi Kant Mishra,
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Advocate for OP-1 appeared and filed memo of appearance but on subsequent dates none for OP-1 appeared.
4. In order to prove his case the complainant filed his affidavit in evidence and has also filed written arguments. The complainant also placed on record copies of print-outs of communication dated 06.08.2016, 07.08.2016 (2), 08.08.2016, 10.08.2016 (2), 20.08.2016 (4), 21.08.2016 (4), 22.08.2016, 24.08.2016 (2), 27.08.2016 (2), 30.08.2016 (2), 31.08.2016, 01.09.2016 (2), 05.09.2016 (2), 07.09.2016 (4), 09.09.2016 (3) & 13.09.2016 through e-mail between the parties. The complainant also filed copy of air-ticket from Srinagar to New Delhi for journey to be performed on 26.09.2016 by flight no. SG-188 of Rs.1,759/- issued by OP-1. The complainant also filed copy of Civil Aviation Requirements Section 3-AIR Transport Series ‘M’ Part IV issue I dated 06.08.2010. The rule for cancellation of flight is provided in Sec-3.3. For the sake of convenience the same is reproduced here as under:
“3.3.1 In order to reduce inconvenience caused to the passengers as a result of the cancellations of the flights on which they are booked to travel, airline shall inform the passenger of the cancellation atleast two weeks before the scheduled time of departure and arrange alternate flight/refund as acceptable to the passenger. In case the passengers are informed of the cancellation less than two weeks before and upto 24 hours of the scheduled time of departure, the airline shall offer alternate flight allowing them to depart within 2 hours of their booked scheduled time of departure.
3.3.2 Passengers who have not been informed as per the provisions contained in para 3.3.1, the airlines shall provide compensation in addition to the refund of the air ticket in accordance with the following provisions:
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a), b), c). ……….
3.3.3 No financial compensation shall be payable to the passengers who elect to travel to their destination on an alternate flight, the airline shall provide them with reasonable facilities during the period that they are required to wait at the airport for the alternate flights in accordance with para 3.7.1 (a).
Para 3.7 provides as under:
3.7 Facilities to be offered to passengers:
3.7.1 Passengers shall be offered free of charge the following:
a) Meals and refreshments in relation to waiting time.
b) Hotel accommodation when necessary (including transfers).”
5. This Forum has considered the case of the complainant in the light of evidence of the complainant and documents placed on record. The evidence of the complainant has remained consistent and undoubted and there is nothing on record to disbelieve the case of the complainant. As OP-1 has failed to file the reply/written statement and to contest the case of the complainant, it shows that OP-1 has no genuine defence and has not disputed the case of the complainant that there was a continuous and massive unrest in Srinagar and its suburbs and there was a continuous curfew for almost 3 months following the killing of few militants. Accordingly, following the guidelines of DGCA, OP-1 ought to have acceded to the request of the complainant for full refund of the price of the air-ticket. It is expected that a passenger who has booked a ticket for vacation trip is also required to make hotel arrangement. Further, the complainant vide his various communications through e-mail has also opted for booking of his ticket from Leh to New Delhi
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instead of Srinagar to New Delhi and OP-1 was under a duty to book the ticket of the complainant in an alternative flight from Leh to New Delhi instead of alternative flight from Srinagar to New Delhi.
6. However, as the OP-1 has failed to provide full refund of air-ticket to the complainant and has also failed to accommodate the complainant in an alternative flight from Leh to New Delhi and the OP-1 is held guilty of deficiency in service.
7. Accordingly, OP-1 is directed as under:
i) To pay to the complainant an amount of Rs.1,759/- being the amount of the ticket from Srinagar to New Delhi.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant whichincludes litigation cost.
8. The above amount shall be paid by the OP-1 to the complainant within 30 days from the date of receiving of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 4thday of January, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
