BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 392 of 2018
Date of Institution: 29.5.2018
Date of Decision :23.1.2019
Deepinder Singh S/o Late Sh.Kanwaljit Singh R/o H.No. 147, SG Enclave, Majitha Road, Amritsar
Complainant
Versus
The Spice Jet Ltd., 319, Udhog Vihar Phase IV, Gurgaon, through its Principal Officer/Chief Executive Officer
Opposite Party
Complaint under section 12 and 13 of the Consumer Protection Act, 1986
Present: For the Complainants : Sh.Munish Kohli,Advocate
For the Opposite Party : Sh.Ajay Mehta,Adv.
Quorum
Sh.Charanjit Singh, President
Sh. Anoop Sharma, Member
Ms. Rachna Arora, Member
Order dictated by:
Sh.Charanjit Singh, President.
1. Sh.Deepinder Singh, complainant has filed the instant complaint under section 12 & 13 of the Consumer Protection Act on the allegations that he is practicing advocate doing the said profession for his self employment and livelihood go to Delhi for professional work to appear before the Hon’ble National Commission and for that purpose many a times travel by air from Amritsar to Delhi and back the same day to save time. On 12.4.2018 complainant was to go to Delhi for appearing before the Hon’ble National Commission the same day in certain matters and return the same day. For that purpose, for return from Delhi, the complainant got booked his airline ticket of opposite party vide flight No. SG-2515 vide PNR No. FFM67R through online Ease My Trip portal for a sum of Rs. 1726/- which was booked alongwith the ticket from Amritsar to Delhi as well. The flight from Delhi was to start at 18:45 hrs from Delhi and to reach Amritsar at 20.00 hrs, the same evening. The ticket was booked by the complainant well in advance from Amritsar to Delhi and back on 16.2.2018 . On 22.3.2018 Mr. Updip Singh, co-passenger of the complainant got a call from the opposite party that the flight in question has been rescheduled to 14:15 hrs in the afternoon the same day for going from Delhi to Amritsar due to change of season. After receiving the call from the opposite party the complainant was shocked as it was very difficult for him to arrange for alternate mode of transport from Delhi to Amritsar for the date fixed and the air fare for the schedule date had gone up exorbitantly . Sh.Updip Singh, co-passenger then sent a mail to customer care of opposite party which was replied the next day that the complainant may opt for next available flight within 7 days before or after the date of flight booked or get full refund. The request for arranging for flight of some other airline around the time or to compensate the complainant for inconvenience was declined . Under constrained circumstances, the complainant was left with no other option but to book another ticket for return journey from Delhi to Amritsar for 12.4.2018 with Indigo Airlines starting Delhi at 21.30 hrs for Rs. 2544/-.The said ticket was booked jointly with another passenger Mr. Deepinder Singh and thus travelled back to Amritsar on 12.4.2018 at 21.30 hrs instead of 18.45 hrs as the tickets of other airlines around the time for which ticket was booked with opposite party were too costly. On purchase of fresh ticket, the complainant got the ticket with opposite party cancelled for which the refund was sent after many days . The aforesaid acts of the opposite party in rescheduling the flights in question without any valid reason is an act of deficiency in service, unfair trade practice and malpractice and is not sustainable in the eyes of law. Vide instant complaint, complainant has sought for the following reliefs:-
(a) Opposite party be directed to make payment of the another ticket purchased by the complainant i.e. Rs. 2544/- alongwith interest @ 15% p.a from date of purchase till realization ;
(b) Compensation to the tune of Rs. 75000/- alongwith adequate litigation expenses may also be awarded to the complainant.
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version taking certain preliminary objections therein inter alia that the present complaint filed by the complainant is not maintainable ; that in the present case the complainant booked a ticket from Delhi to Amritsar on 16.2.2018 with date of travel as 12.4.2018 on flight No. SG 2515. The total cost of the ticket was Rs. 1364/- and the ticket was booked through Easy Trip Planners. The schedule time of departure of flight from Delhi to Amritsar was 18:45 hrs. It was submitted that the opposite party had to reschedule the said flight on account of change in schedule due to arrival of summer season in March 2018. It was submitted that every year in March and October, the schedules of every airline are changed, as per the directions of DGCA and AAI. It was submitted that as per the changed schedule, the timings of the flight in question had been changed and instead of 18:45 hrs the said flight i.e. SG 2515 was rescheduled to 14:40 hrs. It was submitted that intimation in this regard was given to all the passengers including the complainant on or about 20.3.2018 by way of e-mail, sms and making call. It was admitted case of the complainant that he was informed about change in schedule. It was submitted that after receipt of the said intimation, the complainant contacted the staff of the opposite party and informed that changed schedule is not convenience to him. He requested the opposite party to either provide alternate flight to him and his other friend in the evening or book two fresh tickets in any other airline. It was submitted that none of the said option was feasible and as such the complainant was requested either to avail the said ticket within +(-) 7 days to cancel the tickets and get full refund. It was submitted that on 10.4.2018 the complainant got the tickets cancelled through agency and thereafter entire ticket amount was transferred in the agency account. It was submitted that once the complainant himself has cancelled the ticket and has opted for full refund, he is not entitled to any damages or compensation on account of pre-ponement of flight which was on account of directions of DGCA/AAI on account of introduction of summer schedule. As such the complaint filed by the complainant is not only frivolous and vexatious but is also concocted and misconceived. On merits, opposite party has taken the similar pleas, as such there is no need to reproduce the same. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Sh. Munish Kohli,Adv.counsel for the complainant tendered into evidence in rejoinder affidavit of the complainant Ex.CB alongwith documents Ex.C-1 to Ex.C-3 and closed the evidence on behalf of the complainant.
4. On the other hand opposite party alongwith written version filed affidavit of Vijay Roy, DGM-Legal Ex.RW1 and documents Ex.RW1/1 to RW1/3 .
5. We have heard the Ld.counsel for the parties and have carefully gone through the record on the file.
6. Ld.counsel for the complainant has vehemently contended that the complainant is an Advocate and on 12.4.2018 he was to go to Delhi for appearing before the Hon’ble National Commission the same day in certain matters and return the same day and for that purpose , for return from Delhi, the complainant got booked his airline ticket of opposite party vide flight No. SG-2515 vide PNR No. FFM67R through online Easy My Trip portal for a sum of Rs. 1726/- which was booked alongwith the ticket from Amritsar to Delhi as well. It has further been contended that the flight from Delhi was to start at 18:45 hrs from Delhi and to reach Amritsar at 20.00 hrs, the same evening. But, however on 22.3.2018 co-passenger of the complainant got a call from the opposite party that the flight in question has been rescheduled to 14:15 hrs in the afternoon the same day for going from Delhi to Amritsar due to change of season. After receiving the call the complainant approached the staff of the opposite party and requested them to make arrangement for alternate mode of transport from Delhi to Amritsar for the date fixed and the air fare for the schedule date had gone up exorbitantly . The said co-passenger then sent a mail to customer care of opposite party which was replied the next day that the complainant may opt for next available flight within 7 days before or after the date of flight booked or get full refund. However, the request for arranging for flight of some other airline around the time or to compensate the complainant for inconvenience was declined . The complainant having no other alternative had to book another ticket for return journey from Delhi to Amritsar for 12.4.2018 with Indigo Airlines starting Delhi at 21.30 hrs for Rs. 2544/-. The said ticket was booked jointly with another passenger Mr. Deepinder Singh and thus travelled back to Amritsar on 12.4.2018 at 21.30 hrs instead of 18.45 hrs as the tickets of other airlines around the time for which ticket was booked with opposite party were too costly. On purchase of fresh ticket, the complainant got the ticket with opposite party cancelled for which the refund was sent after many days . Ld.counsel for the complainant has contended that the act of the opposite party in rescheduling the flights in question without any valid reason is an act of deficiency in service, unfair trade practice which has caused lot of mental tension, inconvenience as well as financial loss to the complainant.
7. On the other hand ld.counsel for the opposite party has vehemently contended that the complainant booked a ticket through Easy Trip Planners from Delhi to Amritsar on 16.2.2018 with date of travel as 12.4.2018 on flight No. SG 2515 and a fare of Rs. 1364/- was charged from the complainant . It was admitted that the schedule time of departure of flight from Delhi to Amritsar was 18:45 hrs. However, the opposite party had to reschedule the said flight on account of change in schedule due to arrival of summer season in March 2018 as per the directions of DGCA and AAI. It was submitted that as per the changed schedule, the timings of the flight in question had been changed and instead of 18:45 hrs the said flight i.e. SG 2515 was rescheduled to 14:40 hrs. In this regard intimation was given to all the passengers including the complainant on or about 20.3.2018 by way of e-mail, sms and making call which the complainant himself admitted . It was submitted that after receipt of the said intimation, the complainant contacted the staff of the opposite party and informed that changed schedule is not convenience to him. He requested the opposite party to either provide alternate flight to him and his other friend in the evening or book two fresh tickets in any other airline. It was submitted that none of the said option was feasible and as such the complainant was requested either to avail the said ticket within +(-) 7 days to cancel the tickets and get full refund. It was submitted that on 10.4.2018 the complainant got the tickets cancelled through agency and thereafter entire ticket amount was transferred in the agency account. It was submitted that once the complainant himself has cancelled the ticket and has opted for full refund, he is not entitled to any damages or compensation on account of pre-ponement of flight which was on account of directions of DGCA/AAI on account of introduction of summer schedule. As such there is no deficiency in service on the part of the opposite party.
8.. We have given thoughtful consideration to the rival contentions.
9. There is no denying the fact that the complainant Sh.Updip Singh availed the services of the opposite party through Easy My Trip portal by purchasing ticket vide PNR No. FFM67R and as per the ticket purchased by the complainant on 16.2.2018 he was to travel by air from Amritsar to Delhi and back from Delhi to Amritsar on 12.4.2018 at 18:45 hrs. It was also not denial the fact that the return flight of the complainant from Delhi to Amritsar was rescheduled from 18:45 hrs to 14:15 hrs on account of directions of the DGCA/AAI on account of introduction of summer schedule. In this regard opposite party well informed all the passengers including the complainant on 20.3.2018 which fact was admitted by the complainant as he himself stated in his complaint that Sh.Updip Singh, copassenger got a call regarding rescheduling of the flight to 14:15 hrs on 22.3.2018 i.e. well before the date of journey. As such so much time has with the complainant to arrange other alternate mode of journey . It was admitted by the complainant that on approaching the opposite party the staff of the opposite party told him either to opt for next available flight within 7 days or to get refund. It was also the admitted case of the complainant that after getting the fresh ticket , he got cancelled the ticket with the opposite party . On the other hand the plea of the opposite party that complainant got the ticket cancelled on 10.4.2018 and thereafter the entire ticket amount was transferred in the agency account. It was admitted case of the complainant that he got refund of the ticket with the opposite party but after many days of the cancellation of the ticket with the opposite party. But, however, the complainant has not made ,Ease My Trip from whom he has got his ticket booked, party to the present complaint to rebut the version of the opposite party that the ticket was got cancelled on 10.4.2018 and the refund was transferred in the agency account . The complainant was informed about the cancellation of the flight well within time prior to the flight and the entire amount of the ticket was refunded to the complainant. The pre-ponement of the flight was made as per instructions of DGCA/AAI due to summer and the complainant was well informed about this and also made refund of the same. However, if the complainant made arrangement of other flight by spending Rs. 2588/- no fault lies with the opposite party as the opposite party by informing the complainant alongwith other passengers regarding pre-ponement of the flight well before the day of journey i.e.on 20.3.2018 duly discharged his duty and offered either to avail the said ticket within +(-) 7 days or to get the refund and complainant instead of availing the journey cancelled the ticket and got the refund. As such no deficiency in service lies upon the opposite party.
10. In view of the above discussion, we find no merit in the complaint and the same is hereby dismissed . Parties are left to bear their own costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
