Tamil Nadu

South Chennai

CC/294/2012

Thomas Findo - Complainant(s)

Versus

The Regional Manager, Spicejet Limited - Opp.Party(s)

M/s Nirmal Roy Sanjeevi

11 Dec 2015

ORDER

                                                                          Date of Complaint  : 10.08.2012

                                                                 Date of Order           :11.12.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  :  PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                :  MEMBER – I

                     DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

                                                     

C.C.No. 294 / 2012

THIS  FRIDAY  11^th  DAY OF  DECEMBER 2015

 

Thomas Findo,

5/13, Professor Sanjeevi Street,

Mylapore,

Chennai 600 004.                                                .. Complainant.

                                                         - Vs-

1. Spice Jet Limited, Rep. by its General Manager, 319, Udyog Vihar, Phase IV, Gurgaon, Haryana 122 016.   2. The Regional Manager, Spice jet Limited, Chennai International Airport, Meenambakkam, Chennai 600 027.   3. The Director, Spice Jet Limited, Murasoli Maran Towers, 73, MRC Nagar Main Road, MRC Nagar, Chennai – 28.                                                    .. Opposite parties.		.. Opposite party.

 

For the complainant                     :   M/s. Nirmal Roy Sanjeevi & another      

For the opposite parties                         :   Exparte   

           Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite parties to refund a sum of Rs.6,146/- and also to pay a sum of Rs.4,00,000/- towards mental agony and loss of reputation and also to pay a sum of Rs.20,000/- as cost of the proceedings to the complainant.  

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Even after receipt of the notice, the opposite parties did not file written version.  Hence, the opposite parties were set exparte on  23.9.2013.    The complainant filed proof affidavit.  Exhibits A1 to A5 were marked on the side of the complainant.  

2.     Perused the complaint, and the documents Ex.A1 to Ex.A5  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.  

 

3.      The complainant contended that he is a professional accountant and post graduate in international Master Business Administration from United Business Institute, Belgium, Europe and founder and Managing Director of TAV consultant  Private Limited.   He was to attend the final meeting in the Director General of Defense Estate, Ministry of Defense New Delhi.  In order to attend the said meeting he booked an air  ticket for his journey from Chennai – Delhi – Chennai on 8^th January 2012 by flight No.SG308 with the opposite parties costing a sum of Rs.12,293/-.    The departure of the flight was at 19.45 hours and the complainant reached the Air port in time and checked in.    The opposite parties issued him boarding pass and allotted seat No.35F but the boarding gate number was not mentioned in the pass.  When he enquired the staff he was directed to go to gate No.6 and wait for announcement.   He also approached the opposite parties twice between 6.30 pm and 7.15 p.m.  But he was asked to wait for some time. As there was no call from the opposite parties when he enquired them   they informed that the boarding was closed and he would not be allowed to take the flight. 

4.     The complainant further contended that he suffered tremendous mental agony and professional loss as he was not allowed to board the flight.   His repudiation was also spoiled since he could not attend the meeting.    When he sent the notice to the opposite parties they replied that they were unable to contact him.   The opposite parties issue confirm ticket and they disregard the passenger like the complainant.   This is an unfair trade practice by the opposite parties.  Hence the complaint filed to refund the sum of Rs.6,146/- and for compensation and cost of the complaint.   

5.     The contention of the complainant that he booked the ticket with the opposite parties from Chennai to Delhi is evidenced through Ex.A5 and Ex.A1 also reveals that the opposite parties issued boarding pass to the complainant.  On perusing Ex.A1 it reveals that as per the contention of the complainant the gate No. was not mentioned in the boarding pass.  

6.     The contention of the complainant that when he reached  the Airport and have found that the gate No. was not mentioned in the gate pass he enquired the staff and he was directed to go to Gate No.6 and wait for announcement.    Since there was no announcement or call from the opposite parties he enquired the staff but he was informed that the boarding was closed in some other gate, his request for alternative arrangement was  replied by the opposite party by demanding a sum of Rs.21,000/- for alternative flight, hence he could not turn up to Delhi and registered a complaint with the opposite party on 8.1.2012 for which they gave an acknowledgment and he had sent notice to the opposite parties through Email dated 18.1.2012 for which the opposite parties replied through email are all evidenced through Ex.A1 to Ex.A4.   

7.     As such the contention of the complainant that the act of the opposite party  in not  allowing him  to board the flight inspite of his holding a confirmed ticket and being arrived in time amounts to deficiency of service due to which he could not attend the important meeting in Delhi and suffered professional loss and mental agony is acceptable.

9.     Whereas the opposite parties have not appeared before this forum after receipt of notice and failed to give any contra evidence to defend their  case.

9.     The above facts and documents produced by the complainant proves that the opposite parties committed deficiency of service and there by caused mental agony to the complainant.  

10.    Therefore we are of the considered view that the complainant is entitled to claim refund of the air ticket from Chennai to Delhi a sum of Rs.6,146/- as well as compensation from the complainant.   Since the compensation claimed by the complainant is exorbitant, we are inclined to grant reasonable compensation of a sum of Rs.10,000/-.

11.    In view of the discussions made above we are inclined to allow the complaint in part.   The opposite parties are jointly and severally directed to refund a sum of Rs.6,146/- to the complainant and also to pay a sum of Rs.10,000/- as compensation and to pay a sum of Rs.2500/- as litigation charges to the complainant. 

 

In the result, the complaint is partly allowed.   The opposite parties are jointly and severally directed to refund a sum of Rs.6,146/- (Rupees Six thousand one hundred and forty six only)   and also to pay a sum of Rs.10,000/-  (Rupees Ten thousand only) as compensation and to pay a sum of Rs.2500/- (Rupees Two thousand and five hundred only) as litigation charges to the complainant within six weeks from the date of this order failing which the  above amounts   shall carry interest at the rate of 9% per annum from the date of order  passed till the date of realization. 

                Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 11^th  day of  December   2015.

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1- 8.1.2012        - Copy of Boarding pass with the counterfoil.

Ex.A2- 8.1.2012        - Copy of Acknowledgment.

Ex.A3- 18.1.2012      - Copy of Complaint sent by mail.

Ex.A4- 19.1.2012      - Copy of reply sent by opposite party.

Ex.A5- 3.12.2011      - Copy of ticket & General information. .  

 

 

Opposite parties’ side documents: -    .. Nil ..   (exparte)

 

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.