This case has arisen out of application U/s 35 of the Consumer Protection Act, 2019.
The case of the complainants is that in a vacation trip they planned return journey from Srinagar to Delhi on a Spicejet Airline Flight No:SG8475 scheduled to depart at 9:10 AM & reached Delhi at 10:35 AM on 18.03.2023 & then to Kolkata by Rajdhani Express but after their arrival at Srinagar Airport the Airport staff told complainant No:1 that the flight was late by 2 hrs due to “technical/operational difficulties”, then told that the Flight will depart at 12:20 PM & on completion of formalities complainant received boarding passes at 11:50 PM but the flight landed at 1:30 PM & departed at 2:30 PM and reached Delhi at about 4 PM and after receiving the luggage they check out from the airport at 4:30 PM, by this time Rajdhani Express from New Delhi Station left away and they were unable to cancel the tickets. Their request for arrangement of stay in Delhi & also arrangement to return Kolkata was denied by O.P & they had to fix a hotel and spend their dinner & breakfast and had to arrange ticket to travel to the city, then they reached their destination 03 days late. They were denied of reasonable refreshment as checked-in passengers, for delay of nearly 06 hrs & for service deficiency complainant sent a letter dated 05.06.2023 which evolve no response. Hence, this case praying for railway ticket price Rs.8,667/-, hotel rent & other expenses Rs.25,000/-, compensation of Rs.1,00,000/- for harassment, mental pain & agony and litigation cost of Rs.25,000/-.
The O.Ps did neither appear nor contest the case.
Complainant No:1/Palash Das submits memo of evidence by affidavit & examined himself as P.W.1 & submits few documents kept in record.
Points for consideration:-
- Whether there was/ is any deficiency in service on the part of the O.Ps which gives rise cause of action to file the case?
- Whether the complainants are entitled to get relief(s) as prayed for?
D e c i s i o n w i t h r e a s o n s
It appears that for a trip in Kashmir complainants booked ticket vide PNR No-QEZEGG for return journey from Srinagar to Delhi on Spicejet Airline Flight No:SG8475 scheduled to depart Srinagar Airport at 9:10 AM & reached Delhi at 10:35( a journey of 1h:25 m) with 3 other passengers of another Chakraborty family.
Whatever, Complainant No:1 stated that Spicejet Airline Staff told him that the flight was late by 2 hrs due to “technical/operational difficulties” cannot be considered as “deficiency in service”.
Boarding Passes show that Seat No:8D,E,F in Spice jet Flight No-SG8475 were issued to the complainants depicting boarding time 11:50 AM, depart from Srinagar Airport 12:20 PM, arrive at Delhi Airport 02:00 PM dated 18.03.2023.
According to complainant but the flight didn’t arrive even after it’s schedule arrival time & landed at 1:30 PM & departed at 2:30 PM are oral version of P.W.1 only, having no corroboration, which cannot and should not rebut the time (s) as depicted in boarding passes, in other words, such contention of P.W.1 do not stand. Similarly, that flight’s staff denied access to food & water of on boarding passengers also do not stand, in absence of any document viz complaint, representation etc.
Except oral evidence of P.W.1 other evidence brought on record that complainant’s reached Delhi Airport at 4:00 AM and after receiving luggage check out from Airport at 4:30 PM.
It appears that Train Ticket from New Delhi to Katihar JN. Dated 18/03/2023 departure 16:20 dated 18.03.2023 was booked through online vide PNR 2253524798 in Train No/Name 12424/DBRT Rajdhani. The complainant did not produce Account details through which said online ticket was booked and similarly whether it was cancelled or not, only to be ascertained from said account.
According to P.W.1 he with his family had to fix a hotel and spent their dinner and breakfast & also had to arrange a ticket to travel to the city and reached their destination 03 days late. The complainant did not produce any bill of hotel or bill for dinner/breakfast. P.W.1 cleverly omitted the word “breakfast” in his memo of evidence because it would be in the morning of 19.03.2023 but alternative ticket was booked through online at 7:12 PM on 18.03.2023 i.e on the same day from Delhi (DLI) to Malda Town (MLDT) dated 18.03.2023 departure 23:40 vide PNR 2738906219 in Train No/Name 15657 Brahmputra Exp, arrived 00:05 dated 20.03.2023 i.e at 12:05 hrs in midnight of 19.03.2023, arrival after about 3 hrs & odd of same day of previous ticket which cannot be considered as severe ordeal or 03 days late as alleged.
In terms of delay of domestic flight for more than 6 hrs requires refreshment provision which is not attracted in this case.
The complainant described a date 05.06.2023 as cause of action where he wrote to O.P.No:2 only claiming train fare stating that scheduled departure time was 12:20 PM from Srinagar Airport & scheduled arrival time at Delhi Airport at 2:00 PM on 18.03.2023 but due to the delay of flight we (they) could not board their scheduled Rajdhani Express at 16:20 PM. In that letter he did not specifically mentioned the departure & arrival time of the flight, in other words, as disclosed in the petition of complaint, is nothing but after thought. Such representation was not addressed to O.P.No:1 & O.P.No:3. Besides, said letter which was send by Post on 05.06.2023 whether served on O.P.No:2 or not, that we could not find as Postal Track Consignment Report is not produced.
Under above facts & discussion, we are of the view that the complainant (s) have failed to prove deficiency in service on the part of O.Ps, although they were consumer of Spicejet Airlines, thus they are not entitled to get the relief (s) as prayed for.
In the result the case dismissed.
Hence, it is
O R D E R E D
that the C.C-41/2023 be and the same is dismissed ex-parte.
Let a copy of this order be given to the parties free of cost.
