J U D G E M E N T
Mr. Sankar Kumar Ghosh, Hon’ble President ─ This consumer complaint under section 12 of C.P. Act, 1986 has been filed by the complainants against the OPs named above alleging deficiency in service and unfair trade practice on the part of the OPs.
Complainants’ case, in brief, is as follows: - That Complainant No. 1 along with his wife, Indrani Chatterjee, Complainant No. 2 are the individuals and consumers of OP No. 1, Spicejet Limited is an airlines company incorporated under the companies act.
That complainants with an intention to pass Puja Vacation of 2018 at Tripura came to contact with Tripura Tourism Development Corporation who conduct various Package Tours of which complainants on 06/03/2018 booked one Package Tour named “Discover Tripura” for 8(eight) days 7(seven) nights from 16/10/2018 to 23/10/2018 by pay a sum of Rs.17,850/- only and on the very next day of book complainant No. 1 from his personal computer for himself and for Complainant No. 2 booked two tickets (Round Trip to & fro) from the site of Spicejet Limited, Flight No. SG-263 from KolkataT2 to Agartala for 16/10/2018 (Travel Date) at 8.35am (Dep. Time) and two Return Tickets for Flight No. SG-277 from Agartala to KolkataT2 for 23/10/2018 (Travel Date) at 10.10am (Dep. Time) and OPs then and then gave confirmation number (PNR): JBZEXG with the remarks: Confirmed and accordingly Complainant No. 1 made payment of Rs.8,254/- by his Visa Card on the same day against said PNR.
That complainant further stated that long after five months from the date of Confirmed Booking of to and fro Tickets from the OPs, Complainant No. 1 received one mail on 27/08/2018 at 10.03am with a text that “due to Schedule change, flight SG-263 dt. 16-10-2018 from Kolkata to Agartala has been cancelled. ……………..” and Complainant No. 1 after receiving the mail send a reply main at 12.52pm to the OPs on the same day asking them to arrange alternative flight on the same day but no response received by Complainant No. 1 from the end of the OPs. Beside mail when Complainant No. 1 tried to contact with Reservation Helpline, Operator says that line does not exist. All these are clear from the corresponding mails. Further, Complainant No. 1 received one mail on 31/08/2018 at 1.50pm from the OPs with a text that “Due to Schedule change, flight SG-277 dt. 23-10-2018 from Agartala to Kolkata has been cancelled ……………..” and complainants being bewildered at the whimsical attitude of the OPs on the same day i.e. on 27/08/2018 hunt up for train reservation to save the conducted Package Tour but no reservation available from 14/10/2018 onwards due to Puja Rush and complainants get return ticket from Agartala to Howrah on AC 3 Tier (3A) of 23/10/2018 in Train No. 12504 (JI,SAFAR EXPRESS) at a total Fare of Rs.4,180/- only and complainants being frustrated and having no other alternative way on 28/08/2018 booked another airline flight (No. 6E 139) of INDIGO from Kolkata to Agartala for 16/10/2018 (Dep. Time 07.30) at a cost of Rs.11,330/- only and complainant under such circumstances sent a Notice to the OPs under Registered Post with A/D on 19/09/2018 at both the Registered Office as well as Corporate Head Office with a demand of Rs.5,00,000/- for deficiency in service, unfair trade practices and mal-practices, negligence committed, mental agony, harassment, torture and sufferings. OPs have duly acknowledged the same.
Under such compelling circumstances complainants have incurred a loss of Rs.23,764/- due to deficiency in service as well as mal-practices on the part of the OPs and complainants have to undergo mental tortures, harassment and mental strain due to cancellation of flight as well as non-return of flight booking money of Rs.8,254/- and thus, complainants prayed from this Commission that they are entitled to recover a sum of Rs.5,00,000/- only from the OPs (Rs.8,254/- the amount lying with the OPs since 07/03/2018 being air fairs plus Rs.15,510/- fpr airfare of another airline and train fare plus Rs.4,00,000/- as compensation for mental torture, harassment and physical strain plus Rs.76,236/- as interest for withholding the money since 07/03/2018 till date of payment with 18% interest, legal expenses and correspondences and miscellaneous charges).
Finally under such compelling circumstances and finding no other alternative way complainant filed this case before this Commission(formerly Forum) praying for direction upon the OPs to pay to the complainant a sum of Rs.10,00,000/- only along with interest @ 12% which complainant paid for Flat Booking and for completion purpose and complainant also prayed for direction upon OPs to pay compensation to the complainant a sum of Rs.8,00,000/- only towards mental agony and harassment and complainant also prayed for direction upon OPs to pay litigation cost and other relief(s) to the complainant.
OP Nos. 1, 2 & 3 have contested the case by filing W/V denying material allegations and contented inter alia that: -
OP No. 1 is the Public Limited Company incorporated under the Companies Act, 1956 having its registered office outside the territorial jurisdiction of this Learned Forum and also OP No. 2 is the same company engaged in the business of operation of aircraft for air transportation services and operating from its Corporate Office which is situated outside the territorial jurisdiction of this Learned Forum and also OP No. 3 is the Chairman and Managing Director of the company working for gain outside the jurisdiction of this Learned Forum.
It is also stated by the OPs that cancellation of the prescheduled flight booked by the complainant more than six months ago, for to and fro journey from Kolkata to Agartala, in the State of Tripura has arisen within the jurisdiction of this Learned Forum and as such, this Learned Forum has no legal jurisdiction to entertain the complaint of complainant and is required to be returned to complainant without any consideration on merit.
It is also stated by the OPs that confirmation of travel booking issued on 07/03/2018 by OP No. 2 from its office at Gurgaon at Haryana outside the jurisdiction of this Learned Forum, about the booking of two tickets for Complainant Nos. 1 & 2 for journey from Kolkata to Agartola on 16/10/2018 and back on 23/10/2018. The terms and conditions of such booking is annexed in Page No. 10 of the complaint, which was also forwarded with the confirmation of the journey ticket. In Item No. 22 it is expressly mentioned “Flight schedules are subject to change and applicable regulatory approvals” and as domestic airlines the OPs are guided by the carriage by Air Act 1972 and Notification, Rules and Regulation framed there under. It is also stated by the OPs that one of the clauses of the said terms of carriage clearly discloses that “where bad weather or instances beyond Spicejet control has resulted in your flight being cancelled or delayed, Spicejet will try to assist you to get to your destination but will not be liable in any way for delay or cancellation” and OPs also submitted in respect of issuing of e-ticket is a concluded contract between the parties and having accepted the same while booking the tickets, in its totality i.e. including the rules and regulations and notification under which the same is governed and issued shall be considered for determination whether there was any deficiency in service of the OPs as claimed in the complaint of complainant. This contention of the OPs has got approval of the Hon’ble National Commission in Spicejet Vs. Himadri Sharma.
It is also stated by the OP that ticket for journey from Kolkata to Agartala on 16/10/2018 was cancelled on 27/08/2018 and for return journey on 23/10/2018 was cancelled on 31/08/2018 and in both the cases information was passed on the same day with the request to rebook on an alternate flight and as such, the complainant had sufficient time to reschedule the programme without incurring any extra expenditure and as such, OPs are praying for dismissal of the present complaint of complainant with heavy cost.
POINTS FOR DECISION
- Whether the complainants are the consumers to the OPs or not?
- Whether this Commission (formerly Forum) has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any unfair trade practice on the part of the OPs or there is any deficiency in service on the part of the OPs.
- Are the complainants entitled to get relief/reliefs as prayed for?
DECISION WITH REASON
On close scrutiny from the materials on record, it reveals that the complainants are the consumers under Section 2(i)(d)(i)(ii) of the C.P.Act, 1986 to the OPs.
Complainants appear to be the residents of district Howrah whereas OPs are also having their offices in New Delhi and Haryana. Considering the nature of the case and prayers of the complainants it straightway gives clear signal that pecuniary value of the case is within Rs.20,00,000/- i.e. within the limit of this Commission (formerly Forum). So, this Commission (formerly Forum) has territorial/pecuniary jurisdiction to entertain and try this case.
In support of their case complainants have filed evidence on affidavit and filed evidence on reply against the questionnaire of OPs and complainants also filed BNA.
On the other hand, OPs have only filed questionnaire against the evidence of complainant but OPs did not file evidence on affidavit and also not filed BNA.
Going through the materials on record it can be said that complainants have tried to strict upon their contention as they made in the petition of complaint. Whereas it appears that because of non filing of evidence on affidavit by the OPs the version of W/V of the OPs has not at all been proved resulting which at the very basis the case of the OPs has become weak and feeble.
Be that as it may what this Commission is finding in the case record which in fact, is very much supporting the complainants’ case.
Moreover, the contents of BNA on behalf of the complainants will depicts a clear picture about the deficiency in service on behalf of the OPs and this Commission is of the view that there is absolute negligence and deficiency in service on the part of the OPs in rendering proper service to the complainants.
In the above backdrop, this Commission is constrained to hold that complainants have succeeded to prove their case and they are entitled to have their reliefs in commensurate with the actual state of affairs, which is just and reasonable.
Hence, it is,
O R D E R E D
That the instant Complaint Case being No. 418 of 2018 be and the same is allowed on contest against the OP Nos. 1, 2 & 3 with costs.
OPs are hereby directed to pay Rs.8,254/- only to the complainants being the booking money of air return ticket on 07/03/2018 with 9% interest starting from 07/03/2018 till realization of entire amount and OPs are directed to pay the same with 45(forty five) days from the date of this order.
OPs are further directed to pay compensation of Rs.50,000/- to the complainants towards purchase of tickets of another flight, train tickets, mental torture and harassment within 45(forty five) days from the date of this order.
OPs are directed to pay a sum of Rs.10,000/- to the complainants as litigation cost within 45(forty five) days from the date of this order.
Let free copy of this order be given to the parties free of cost.
Dictated & Corrected by me
(Mr. Sankar Kumar Ghosh)
President, DCDRC, Howrah
