THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 231 of 2015
Date of Institution : 15.4.2015
Date of Decision : 1.10.2015
Swaraj Singh Chahal, Advocate S/o Sh. Lal Singh Chahal, R/o Mission Compound, 12-Taylor Road, Amritsar
...Complainant
Vs.
The Spice Jet Ltd., 319, Udyog Vihar Phase IV, Gurgaon, through its Principal Officer/Chief Executive Officer
Aaryan Leisure and Holidays Pvt.Ltd., 104, Lawrence Road, Ist Floor, Opp.Nehru Shopping Complex, Amritsar throughb its Principal Officer/Managing Director
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. Updip Singh,Advocate
For the opposite parties : Ex-parte
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member
Order dictated by :-
-2-
Bhupinder Singh, President
1 Present complaint has been filed by Swaraj Singh under the provisions of the Consumer Protection Act alleging therein that he alongwith his wife Mrs.Jagdish Kaur aged about 80- years had to go to Mumbai and got their tickets booked through opposite party No.2 on opposite party No.1 Airlines for 20.12.2014 from Amritsar to Mumbai and return tickets from Mumbai to Amritsar for 11.1.2015 after making payment of Rs. 22,700/-. The tickets were confirmed with PNR No. UB9LGA on Flight No. SG 443 for journey from Amritsar to Mumbai and Flight No. SG442 for the return journey from Mumbai to Amritsar. On 12.12.2014 complainant and his wife came to know that their tickets for 20.12.2014 from Amritsar to Mumbai had been cancelled for operational reasons. The Airlines did not make any alternative arrangement for their journey nor did it refund the amount of the tickets immediately. The complainant was told by the Spice Jet to contact Phone No. 9871803333 for rebooking their seats. The complainant repeatedly tried to contact the said mobile/phone number but to no response. Opposite party No.2 even did not give any satisfactory solution except they charged another ticket for complainant and his wife from Amritsar to Mumbai on Jet Airways flight for 20.12.2014 after taking amount of Rs. 27200/- and gave assurance that the return tickets of the complainant and his wife from Mumbai to Amritsar for 11.1.2015 on Spice Jet were not cancelled. However, after reaching Mumbai , on 23.12.2014 the complainant again came to know that the flight of Spice Jet Airlines for 11.1.2015 had also been cancelled and this time again no alternative arrangement for the return journey of the complainant and his wife was made . The complainant made calls to his friends in Amritsar for the arrangement of the return tickets on some other Airlines, who arranged two return tickets from Mumbai to Amritsar for 11.1.2015 after paying Rs. 25900/- to opposite party No.2. Complainant has alleged that due to cancellation of flights , the complainant had to purchase tickets again for the same journey for Rs. 53,100/-,, whereas the original tickets had costed only Rs. 22,700/-. The complainant and his wife had to undergo a lot of inconvenience, mental agony alongwith financial loss due to the act of the opposite parties. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to make payment of excess amount of Rs. 30,400/- (i.e. Rs. 53100-22700=30,400) with interest @ 18% p.a. Compensation of Rs. 50000/- alongwith litigation expenses were also demanded.
2. Opposite party No.1 did not appear despite service, as such it was proceeded against ex-parte vide order dated 26.5.2015. Initially Sh.Kashyap Mehra, branch manager of opposite party No.2 appeared on 26.5.2015, however, later on none appeared on behalf of opposite party No.2 , as such it was also proceeded against ex-parte vide order dated 12.6.2015.
3. We have carefully gone through the averment of the complainant, arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainan with the valuable assistance of the ld.counsel for the complainant.
4. From the record i.e.averment of the complainant and the evidence produced on record by the complainant ,it stands fully proved on record that complainant alongwith his wife Mrs. Jagdish Kaur both senior citizens on 27.9.2014 got their tickets Ex.C-3 booked through opposite party No.2 on opposite party No.1 Airlines to go to Mumbai on 20.12.2014 and return tickets from Mumbai to Amritsdar for 11.1.2015 after making payment of Rs. 22,700/-. The tickets were confirmed with PNR No. UB9LGA on Flight No. SC443 for journey from Amritsdar to Mumbai and Flight No. SG442 for return journey from Mumbai to Amritsar. On 12.12.2014 complainant and his wife received message from opposite party No.1 that the said flight No. SG 443 from Amritsar to Mumbai on 20.12.2014 of opposite party No.1 has been cancelled for operational reasons. The opposite party No.1 did no make any alternative arrangement for the journey of the complainant and his wife nor refunded he amount of tickets to the complainant. However, officials of opposite party No.1 told the complainant to contact Phone No. 9871803333 for rebooking their seats . But all the calls made by the complainant on this number did not respond . Even opposite party No.2 did not give any satisfactory solution to the situation. So the complainant had to buy tickets for the complainant as well as his wife from Amritsar to Mumbai from another airways i.e. Jet Airways flight for 20.12.2014 on payment of Rs. 27,200/- to opposite party No.2 Ex.C-4 invoice Ex.C-5 after assurance that the return tickets of the complainant and his wife from Mumbai to Amritsar for 11.1.2015 on flight of Spice Jet were not cancelled. After reaching Mumbai, on 23.12.2014, the complainant again received information from opposite party No. 1 on his mobile that the flight of Spice Jet Airline for 11.1.2015 from Mumbai to Amritsar had also been cancelled and there was not any alternative arrangement, for the return journey of the complainant and his wife made by opposite party No. 1 as well as opposite party No.2. Again the complainant and his wife had to arrange their return tickets of some other Airlines. The friends of the complainant in Amritsar on 20.12.2014 arranged two return tickets from Mumbai to Amritsar via Delhi for the complainant and his wife for 11.1.2015 on Jet Airways after making payment of Rs. 25,900/- to opposite party No.2 Ex.C-6 invoice Ex.C-7. Opposite party No.2 adjusted a amount of Rs. 22700/- vide invoice Ex.C-7 ; thereby the complainant had to pay Rs. 30,400/- more to opposite party No.2 for arranging alternative tickets of Jet Airways due to cancellation of the flight of opposite party No.1 on 20.12.2014 from Amritsar to Mumbai and for 11.1.2015 from Mumbai to Amritsar. The complainant and his wife, who are Sr. citizens aged about 80 years suffered harassment , inconvenience physically, mentally as well as financially.
5. In order to prove his case the complainant himself proved aforesaid averments of the complaint through his affidavit Ex.C-1 and he also proved on record original tickets Ex.C-3 of opposite party No.1 and the alternative tickets the complainant had to arrange Ex.C-4 and C-6 , invoice Ex.C-5 and C-7 respectively. The evidence produced on record by the complainant remained unrebutted and unchallenged as opposite parties did not file any written version to encounter the complaint nor any person from the opposite parties dared to file any affidavit or stepped into the witness box to rebut the case of the complainant and the evidence produced by the complainant.
6. So from the unrebutted evidence, it stands fully proved on record that due to cancellation of the flight by opposite party No.1 without any rhyme or reason the complainant and his wife who are Sr. Citizens suffered lot physically, mentally as well as financially as they had to purchase alternative tickets of Jet Airways from Amritsar to Mumbai for 20.12.2014 and return journey from Mumbai to Amritsar on 11.1.2015 by spending Rs. 30,400/- in excess. Therefore, opposite parties are liable to refund /pay this amount of Rs. 30,400/- to the complainant. Opposite parties are also liable o pay compensation for harassment suffered by the complainant and his wife.
7. Resultantly we allow the complaint ex-parte with costs and the opposite parties are directed to pay this amount of Rs. 30,400/- to the complainant and also to pay compensation to the tune of Rs. 10,000/- for the harassment suffered by the complainant and his wife due to cancellation of the flight by opposite party No.l. Opposite parties are also directed to pay litigation expenses Rs. 1000/- to the complainant. Copies of the order 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.
1.10.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) Member
