Punjab

Sangrur

CC/474/2018

Tejinder Singh - Complainant(s)

Versus

Spicejet Ltd. - Opp.Party(s)

Sh.Kuldeep Kumar Jain

18 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR .

                                                                        Complaint No. 474

 Instituted on:   19.11.2018

                                                                         Decided on:     18.10.2019

 

Tejinder Singh Bhangu aged abut 63 years S/O S. Lal Singh R/O H.No.27, Type-V, SLIET Campus, Longowal, Tehsil and District Sangrur.

                                                          …. Complainant.   

                                                 Versus

Spicejet Ltd. 319, Udyog Vihar, Phase-IV, Gurgaon, Haryana Pin 122016 through its CEO.

             ….Opposite party 

Counsel for the complainant  : Shri Kuldeep Jain,Adv.              

Counsel for the OP                 : Shri Surinder Mohan, Adv.

 

Quorum                                           

Shri Amrinder Singh Sidhu, President

Shri Vinod Kumar Gulati, Member

 

ORDER BY:     

Shri Amrinder Singh Sidhu, President.

1.             The complainant filed this complaint pleading that on 10 March, 2018 the complainant got booked two seats for traveling from Chandigarh to Srinagar for 29.3.2018 and return flight from Srinagar to Chandigarh for 2.4.2018 for himself and his wife through online portal of OP and paid Rs.13,882/- (Rs.6748+Rs.7134). It is further averred that during reservation/booking process, the complainant was surprised that without opting the option of Spice Assurance, the same was automatically selected and Rs.98/- each were shown in payment information and were got charged from the complainant. It is further averred that the OP charged convenience fee to the tune of Rs.450/- each from the complainant. The complainant complained about the same to the OP by sending email dated 12.3.2018 which was duly replied on 13.3.2018. It is further averred that the complainant reserved/booked seats number 17E and 17F for return flight on 2.4.2018, but the complainant and his wife were not given the allotted seats at Srinagar airport and the OP wrongly and illegally issued boarding passes for seats number 25E and 25F at the airport and complaining about the same the complainant sent email dated 26.4.2018 which was duly replied on 27.4.2018 and informed that the amount of Rs.99/- and Rs.200/- regarding seat fee would be refunded but the same was not refunded. Thus, the complainant has prayed that the Opposite party be directed to refund to the complainant an amount of Rs.196/- wrongly charged form the complainant as Spicejet Assurance and also to refund Rs.299/- (Rs.99+Rs.200) to the complainant charged as seat fee from Chandigarh to Srinagar and further to pay Rs.50,000/- on account of compensation for mental tension, pain and agony and an amount of Rs.11,000/- on account of litigation expenses.

2.             After the notice being served upon the opposite party, the opposite party appeared through Advocate Shri Surinder Mohan and filed written version. In written version taking preliminary objections that the present complaint is not maintainable, that the complainant has no cause of action, that the complaint is false, frivolous and concocted one. It is admitted that a total amount of Rs.13,882/- was charged from the complainant for the above said tickets and the break up of the same was duly reflected in the ticket itself. It is admitted that the complainant sent email on 12.3.2018 which was duly replied on 13.3.2018 and all the doubts of the complainant were cleared.  Further it is stated that during boarding when it was found that the said two seats have been booked in duplicate, the complainant and his wife were adjusted on other seats i.e. seats no. 25E and 25F and on account of the above said mistake on the part of the OP, the OP felt apologetic in response to the mail and an amount of Rs.299/- was refunded to the complainant on 27.4.2018. On merits, it is stated that the complainant pre booked his seats and selected seats numbers 17E and 17F for return flight on 2.4.2018 and the aforesaid two tickets were already booked by other two passengers, but due to technical issues, the same was not updated on the system of the OP, as such, when it was found that said two seats have been booked in duplicate, the complainant and his wife adjusted on other seats i.e. 25E and 25F and the amount of Rs.99/- and Rs.200/- were funded to the complainant on 27.4.2018. Lastly, the OP has prayed for dismissal of the complaint with costs.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-10 and closed evidence. The opposite party has produced documents Ex.OP/1 to Ex.OP/2 and closed evidence. 

4.             We have gone through the pleadings of the parties and documents placed on record by the parties as well as heard the arguments advanced by the learned counsel for the parties.

5.             The learned counsel for the complainant has contended vehemently that on 10 March, 2018 the complainant availed the services of the OP and got booked two seats for traveling from Chandigarh to Srinagar for 29.3.2018 and return flight from Srinagar to Chandigarh for 2.4.2018 for himself and his wife through online portal of the OP and paid an amount of Rs.13,882/- (Rs.6748+Rs.7134). It is further contended that during reservation/booking process, the complainant was surprised that without opting the option of Spice Assurance, the same was automatically selected and Rs.98/- each were shown in payment information and were got charged from the complainant. It is further argued that the OP charged convenience fee to the tune of Rs.450/- each from the complainant. The complainant complained about the same to the OP by sending email dated 12.3.2018 which was duly replied on 13.3.2018. It is further contended that the complainant reserved/booked seats number 17E and 17F for return flight on 2.4.2018, but the complainant and his wife were not given the allotted seats at Srinagar airport and the OP wrongly and illegally issued boarding passes for seats number 25E and 25F at the airport and complaining about the same the complainant sent email dated 26.4.2018 which was duly replied on 27.4.2018 and informed that the amount of Rs.99/- and Rs.200/- regarding seat fee would be refunded but the same was not refunded, as such the learned counsel for the complainant has contended for acceptance of the complaint with costs.

6.             On the other hand, the learned counsel for OP has contended that a total amount of Rs.13,882/- was charged from the complainant for the above said two tickets and the break up of the same was duly reflected in the tickets itself. It is further admitted that the complainant sent email on 12.3.2018 which was duly replied on 13.3.2018 and all the doubts of the complainant were cleared.  Further it is contended that during boarding when it was found that said two seats have been booked in duplicate, the complainant and his wife were adjusted on other seats i.e. seats no. 25E and 25F and on account of the above said mistake on the part of the OP, the OP felt apologetic in response to the mail and an amount of Rs.299/- was refunded to the complainant on 27.4.2018. The learned counsel for the OP has lastly contended for dismissal of the complaint with special costs.  

7.             It is admitted case of the parties that the complainant availed the services of the OP by getting booked two seats for traveling from Chandigarh to Srinagar on 29.3.2018 and return flight from Srinagar to Chandigarh for 2.4.2018, but the grievance of the complainant is that the OP charged an amount of Rs.98/- each i.e. Rs.196/- without any reason as the OP automatically selected option of Spice Assurance and to support this contention the complainant has produced on record Ex.C-2 copy of tickets containing all the details.  Further the complainant has produced Ex.C-8 to Ex.C-11 copies of emails exchanged between the complainant and the OP.  Though the case of the OP is that they have refunded an amount of Rs.299/- to the complainant, but the OP has not produced any such documentary evidence on record to show that the amount of Rs.299/- has been refunded to the complainant.  It is worth mentioning here that it is the admitted case of the OP that they wrongly got booked two return flight seats i.e. 25E and 25F and in lieu of that the complainant and his wife were offered two other seats i.e. 17E and 17F. But the fact remains that the OP is deficient in its service by not keeping the word of giving the allotted seats to the complainant. To support this case, the reliance can also be taken place on the judgment pronounced by the Hon’ble Punjab State Commission in case titled Minali Mittal versus M/s. Jet Airways and others in Consumer Complaint No.820 of 2017 decided on 23.7.2018.  In the circumstances, we find it to be a clear cut case of deficiency in service on the part of the OP.

8.             In view of our above discussion, we allow the complaint of the complainant and direct OP to refund to the complainant an amount of Rs.495/- (Rs.196/- + Rs.299/-) along with interest @ 9% per annum from 10.3.2018 till realization. The OP is further directed to pay to the complainant an amount of Rs.10,000 in lieu of compensation for mental tension, agony, harassment and an amount of Rs.5000/- on account of litigation expenses. This order be complied with by the opposite prays within 30 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

9.             This complaint could not be decided and order could not be pronounced within stipulated time period because post of President is vacant since 7.8.2018 and Lady Member since 16.09.2018. The President is doing additional duty only for two days a week.

                        Pronounced.

                        October 18, 2019.

 

        (Vinod Kumar Gulati)                  (Amrinder Singh Sidhu)

                   Member                                       President