West Bengal

Bankura

CC/7/2021

Sri Sibesh Banerjee - Complainant(s)

Versus

The Chief Manager, Spicejet Airways - Opp.Party(s)

17 Nov 2022

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 07 / 2021

Date of Filing : 28.06.2021

Before:

1. Samiran Dutta                Ld. President.      

2. Rina Mukherjee               Ld. Member. 

3.  Sudhakar Ghosh             Ld. Member.

 

For the Complainant: Ld. Advocate Purnananda Bandyopadhyay

For the O.P. None

Complainant    

Sri Sibesh Banerjee, Village- Palashtala, P.O.Junbedia, P.S.& District- Bankura, Pin- 722 101, Mobile No.9734283067

 Opposite Party 

1. The Chief Manager, Spicejet Airways, Customer Care, Spicejet Ltd., 319, Udyogvihar, Phase-IV, Gurgaon, PIN- 122 016.

2. Ms.Tinha Sethi, Nodal Officer, Spicejet Airways, 319, Udyogvihar, Phase-IV, Gurgaon, PIN- 122 016.

                                         

FINAL ORDER / JUDGEMENT

     C.C. No.07/2021

Order No.13                                                                             

Dt. 17-11-2022

 

The case is taken up  for Ex-Parte hearing.

Hazira is filed on behalf of the complainant through lawyer by filing Vokalatnama.

No step is taken by the O.P. who is found absent on repeated call.

It appears from the record that in spite of availing sufficient opportunity to contest the case the O.P. did not prefer to make their appearance or file any W.V. in this case.

                                                                                                                                                                         Contd…..p/2

 

Page 2

The petitioner along with his wife and son booked three e-ticket for Rs.13,717/- through O.P. No.1 for their journey on 06/04/2021 from Durgapur Kazi Nazrul Islam Airport  to Chennai Airport in connection with their medical treatment but on arrival in due time to avail of the flight they found  to their utter surprise that the scheduled flight was not at all available on 06-04-2021. The complainant  party had also hotel booking on 06-04-2021 at Chennai with advance of Rs.3,379/-.  Though the O.P. No.1 authority arranged their journey through flight on the next date i.e. 07-04-2021 but the complainant and his family members had tremendously suffered physically and mentally with pecuniary loss for not availing of the scheduled flight on 06-04-2021 resulting in denial of urgent treatment at Chennai. The complainant has therefore prayed for refund of the e-ticket value of Rs.13,717/- with Hotel booking charge of Rs.3,379/- accompanied by compensation Rs.5 Lac for deficiency in service and harassment and mental pain and agony.

In support of the claim the complainant has filed an affidavit –in- chief enclosing all the relevant documents.

Prima facie case of the complainant is proved. The O.P. No.1 is to compensate the loss and damage to the complainant for their deficiency in service.  Considering the arrangement of journey by O.P. No.1 on the  next date i.e.07-04-2021 the complainant is not entitled to get refund of the e-ticket value of Rs.13,717/-. However the complainant is entitled to get Hotel Booking charge of Rs.3,379/- along with compensation of Rs.1,15,000/-

 

Hence it is ordered……..

 

That the case is allowed Ex-Parte against O.P. No.1 and dismissed against O.P. No.2.

            O.P. No.1 is directed to pay to the complainant Rs.3,379/- together with Rs. 1,15,000/- within  one month from this date failing which the complainant  may recover the same through execution process.

Let a copy of this order be given to both the parties free of cost.

 

                                   __________________                                   ________________                     ________________

                               HON’BLE   PRESIDENT                           HON’BLE    MEMBER              HON’BLE    MEMBER