Andhra Pradesh

Chittoor-II at triputi

CC/12/2018

N.C.S.M. Prasad - Complainant(s)

Versus

The Office in Charge - Opp.Party(s)

In person

19 Sep 2018

ORDER

Filing Date: 17.02.2018

Order Date:19.09.2018

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

WEDNESDAY THE NINETEENTH DAY OF SEPTEMBER, TWO THOUSAND AND EIGHTEEN

 

 

 

C.C.No.12/2018

 

 

Between

 

 

1.         Sri.N.C.S.M.Prasad,

S/o. late. N.Subbarao.

 

2.         Smt.E.Indira Priyadarsini,

            W/o. N.C.S.M.Prasad.

 

3.         Sri.N.Sudeep Chandra,

            S/o. Sri.N.C.S.M.Prasad.

 

4.         Sri.N.Pradeep Chandra,

            S/o. Sri.N.C.S.M.Prasad.

 

            All are residing at:

            D.No.1-5-581, Balaji Colony,

            Tirupati – 517 502.                                                              … Complainants.

 

And

 

 

1.         The Office Incharge,

            M/s. Spice Jet Limited,

            Tirupati Airport,

            Tirupati – 517 520,

            Andhra Pradeash.

 

2.         M/s. Spice Jet (Airlines) Limited,

            Represented by Nodal Officer /

                        Chief Executive Officer,

            # 319, Udyog Vihar, Phase-IV,

            Gurgoan – 122 016,

            Haryana.                                                                                …  Opposite parties.

 

 

 

 

 

            This complaint coming on before us for final hearing on 29.08.18 and upon perusing the complaint and other relevant material papers on record and on hearing Sri.N.C.S.M.Prasad, party-in-person for complainant, and opposite parties remained ex-parte, and having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section –12 of C.P.Act 1986, by the complainants alleging as follows:  

            2.  The complainants are consumers within the definition of Consumer Protection Act, as they travelled in Spice Jet Airlines by purchasing flight tickets on 26.06.2017 through online reservation system by paying Rs.12,260/- towards journey from Chennai to New Delhi and also return journey on 31.07.2017. On 28.07.2017 they travelled in Spice Jet flight No.SG 106 from Chennai to Delhi with PNR No.EFLCXE. The travel charges of Rs.12,260/- paid through credit card bank account No.4624900000246891 with Bank of Baroda, Tirupati main branch. They received an SMS on 27.07.2017 from Spice Jet informing that the flight dt:28.07.2017 is on schedule and asked them to report for check-in 120 minutes prior to departure time. Hence, they engaged a taxi from Tirupati to reach Chennai airport well in advance. But after reaching to airport, they came to know that the flight is delayed by 90 minutes. Instead of 1.00 p.m., the flight started at about 2.30 p.m. Thus they had to wait for nearly 210 minutes in Chennai airport without breakfast and lunch. They were allotted seat Nos.25 A, B, C and D respectively. As the baggage cupboards meant for keeping luggage in the flight for seat Nos.25 A,B,C and D were filled with some other luggage of Spice Jet flight crew, they could not find place to keep the luggage in other cupboards. The Airhostess advised the complainants to keep their luggage at their feet. Therefore, they suffered like anything due to inconvenience caused, as they could not move their legs for three hours journey because the luggage was kept at their feet. In addition to that they faced house flies menace for three hours during flight journey. On 31.07.2017 during return journey also, they faced the same problem. Two notices dated 04.08.2017 and 28.11.2017 were issued by the complainants to Spice Jet management vide postal receipt Nos. RN574311445IN and RN487932145IN but there was no response from them. The complainants sent a complaint on the same issue to Director General of civil Aviation (DGCA), New Delhi, vide letter dt:25.10.2017 for which they received a reply along with explanation given by Spice Jet airlines. The DGCA suggested the complainant to complain to statutory bodies as per rules. Thus, there is deficiency in service and unfair trade practice on the part of opposite parties, as such the complainant is seeking refund of the entire fare amount of Rs.24,520/- paid to opposite parties, in addition to Rs.4,00,000/- towards compensation for deficiency in service and litigation expenses of Rs.8,000/-.

            3.  Though notice was issued to opposite parties 1 and 2 by this Forum, they did not appear before the Forum to file written version. Hence, they were set exparte on 28.05.2018.

            4.  Complainant No.1 was authorized by other complainants to represent on their behalf and he filed chief affidavit narrating the facts as stated in the complaint. Exs.A1 to A11 are marked. Written arguments filed and oral arguments heard.

            5.  The point for consideration is whether there is deficiency in service on the part of opposite parties 1 and 2? If so, to what extent the complainant is entitled for the reliefs sought for?

            6.  Point:-  In order to prove that the complainants travelled in Spice Jet flight on 28.07.2017, Ex.A1 photocopy of online ticket dt:26.06.2017 and Ex.A2 flight boarding pass (original copy 4 in number) are filed. The said documents clearly show that complainants travelled from Chennai to Delhi on 28.07.2017. Ex.A3 is photos and videos taken in flight on 28.07.2017 to show the house flies menace and keeping luggage at their feet. Ex.A4 is original copy of flight boarding pass 3 in number towards return journey from Delhi to Chennai on 31.07.2017. Ex.A5 is photos taken in the flight showing luggage at their feet in return journey on 31.07.2017. These documents shows that inconvenience was caused to the complainants during their journey. Show cause notice dt:04.08.2017 was sent to Spice Jet management along with postal receipt No.RN574311445IN, and the same is marked as Ex.A6. Letter dt:07.10.2017 sent to Spice Jet Ltd. with postal receipt No.RN574061765IN is marked as Ex.A7.  Complaint dt:25.10.2017 which was sent to Director General of Civil Aviation (DGCA) along with postal receipt No.RN574064055IN is marked as Ex.A8. Reply letter dt:28.11.2017 sent by DGCA along with explanation letter submitted by Spice Jet  is marked as Ex.A9. Final notice dt:28.11.2017 issued to Spice Jet airlines along with postal receipt No.RN487932145IN is marked as Ex.A10. Statement regarding Bank of Baroda credit card account of complainant No.1 from which the flight charges were paid on 26.06.2017 through online payment is marked as Ex.A11.

            7.  In the written arguments, complainant contended that there is deficiency in service on the part of opposite parties in as much as they were not even allowed to keep their luggage in the cupboards allotted for their seat numbers and they had to keep the luggage at their feet throughout the journey from Chennai to Delhi and in return journey from Delhi to Chennai, much to their inconvenience. He further argued that added to the said inconvenience there was house flies menace in the flight and the same is recorded through video and submitted in the Forum. Further its is contended that they were wrongly informed that flight was in time but infact there was delay of 90 minutes and they came to know about the delay only when they reached the airport and in their hurry to reach the airport they could not even take breakfast on that day and suffered like anything.

            8.  The opposite parties for the reasons best known to them did not contest the case by filing written version .

            9.  Ex.A11 clearly shows that tickets were booked through Bank of Baroda credit card belonging to complainant No.1. The complainant made request for certain information under RTI Act 2005 for which the DGCA office gave reply under Ex.A9 stating that DGCA has not been delegated any powers to settle the disputes between passenger and airline. The complainant No.1 under Ex.A8 brought to the notice of DGCA about their suffering while travelling in the Spice Jet airline. Under Ex.A6 also complainant No.1 brought to the notice of CEO, Spice Jet Ltd. about the deficiency in service committed by Spice Jet authorities. Ex.A9 letter addressed by the office of Nodal Officer, Spice Jet Ltd, to complainant No.1, wherein it is stated that the feedback given by complainant No.1 has been forwarded to the In-Flight head and the staff has been suitably briefed on the incident. Further it is stated that the management would like to apologize for the inconvenience caused to the complainants while travelling on SG 106 Chennai-Delhi dated 28.07.2017 and SG 107 Delhi-Chennai dated 31.07.2017. We are of the opinion that readiness in tendering apology by the Nodal Officer, SpiceJet Ltd., would show that the complainants suffered during their journeys in the SpiceJet flight on 28.07.2017 and 31.07.2017 respectively.

            10.  On perusal of the documents filed by the complainants and going through the complaint allegations, we are of the view that the complainants indeed suffered during their journey in the SpiceJet flight. Hence, we are of the view that inconvenience caused to the complainants, amounts to deficiency in service on the part of opposite parties, otherwise question of apologizing complainants by the Nodal Office of SpiceJet will not arise. Hence, we are inclined to order for refund of the ticket fares to the complainants besides giving Rs.5,000/- towards compensation for undergoing mental agony during the journey by the complainants.

            11.  In the result, complaint is partly allowed directing the opposite parties to refund the entire amount of Rs.24,520/- (Rupees twenty four thousand five hundred and twenty only) towards to and fro flight charges, and also to pay a sum of Rs.5,000/- (Rupees five thousand only) towards compensation to the complainants in lieu of mental agony undergone by them and further directed to pay Rs.2,000/- (Rupees two thousand only) towards litigation expense. The above order shall be complied within six (6) weeks, failing which interest at 9% p.a. shall be paid on the amounts awarded (Rs.24,520 + Rs.5,000) from the date of this order, till realization.                                   

                

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 19^th day of September, 2018.

 

       Sd/-                                                                                                                      Sd/-                                        

Lady Member                                                                                               President (FAC)

 

APPENDIX OF EVIDENCE

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: N. C. S. M. Prasad (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Photo copy of Online Ticket (Flight Charges Bill). Dt: 26.06.2017.
	Original copy of Flight Boarding passes (4 in Number) from Chennai to New Delhi. Dt 28.07.2017.
	Photos and Vedios taken in the flight on 28.07.2017. Showing house flies menace & luggage put at feet.
	Original copy of Flight boarding passes (3 in Number) from New Delhi to Chennai on 31.07.2017.
	Photos taken in the flight showing luggage at our feet in return journey on 31.07.2017.
	Show Cause Notice Dt: 04.08.2017 sent to Spice Jet along with postal receipt No.RN574311445IN Dt: 05.08.2017.
	Letter Dt: 07.10.2017 sent to the Spice Jet along with postal receipt No.RN574061765IN, Dt: 07.10.2017 in original.
	Complaint Dt: 25.10.2017 sent to the Director General of Civil Aviation (DGCA) along with postal receipt No.RN574064055IN dated 26.10.2017.
	Reply Letter Dt: 28.11.2017 sent by the Director General of Civil Aviation along with explanation letter submitted by Spice Jet in original.
	Final Notice Dt: 28.11.2017 sent to the Spice Jet Airlines along with postal receipt No.RN487932145IN Dt: 28.11.2017.
	E-Statement regarding BOBCARDS account of Sri N.C.S.M. Prasad from which the flight charges were paid on Dt: 26.06.2017 through online payment.  Statement Dt:01.07.2017.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

    

                                                                                                                        Sd/- 

                                                                                                                President (FAC)

      // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

          Dist. Consumer Forum-II, Tirupati.

 

  Copies to:-   1.  The complainants.

                        2.  The opposite parties.