Date of filing : 29.06.2018
Judgment : Dt.28.02.2019
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complaint is filed under Section 12 of the Consumer Protection Act, 1986 by Mr. Om Prakash Gupta alleging deficiency in service on the part of the Opposite Party ( referred as OP hereinafter ) namely Zoom Air ( Zexus Air Services Pvt. Ltd.)
Case of the complainant in brief is that the complainant booked one Air ticket of Zoom Air flight from Kolkata to Delhi for his daughter Ms. Lavanya Gupta on 26.06.2018 by paying Rs. 8,501/- through credit card of the complainant which was scheduled to take off on 01.07.2018 but on 30.06.2018 one person, claiming himself representing on behalf of Zoom Air, informed over telephone to the complainant that the flight had been cancelled on the ground of technical difficulties and receiving such intimation the complainant requested the person to make alternative flight ticket for travelling, but the person remained silent, and, as such the complainant had to book another flight ticket of Spicejet for 01.07.2018 by incurring expenditure of Rs. 19,031/- to meet up the required urgent need of her daughter.
The complainant has further stated that subsequently an amount of Rs. 8501/- has been credited to his account by Zoom Air but it was intimated by the OP that the ticket of the said carrier company has been cancelled only on the initiative of the complainant. It is specific allegation of the complainant that he contacted the OP through e-mail and letters by post stating that such act of the OP caused harassment, monetary loss and mental agony but no reply had been sent by the OP and, again, the complainant issued reminder but that too did not yield any fruitful result and, therefore, the complainant by filing the instant consumer complaint prayed for directions upon the OP to refund the excess amount the complaint had to pay for purchasing the Air ticket of Spice Jet i.e. ( Rs. 19031 – 8501 ) = Rs. 10530/-, to pay Rs. 70,000 towards compensation, to pay Rs. 10,000/- towards cost of litigation and other reliefs.
The complainant annexed copy of Air ticket of Zoom Air, copy of Air ticket of Spicejet. Condition of refunds against flight cancellation, letter dt. 17.07.2017 issued by the complainant, reply dt. 18.07.2017 issued by the Zoom Air, Mail to the OP from the end of the complaint.
Notices were served but the OP did not turn up, therefore, the case proceeded exparte against the OP vide Oder No.6 dt. 12.10.2018.
Decision with reasons :
The complainant claimed to have booked Air ticket of Zoom Air on 26.06.2017 for his daughter by paying Rs. 8501/- through his credit card and the date of journey was fixed on 01.07.2017.
In support of his averment the complainant filed a copy of e-ticket receipt wherefrom it appears that an Air ticket was booked on 26.06.2017 for Ms. Lavanya Gupta on payment of RS. 8,501/-.
The complainant has stated that he had booked another air ticket of Spicejet Airlines on 30.06.2017 owing to the cancellation of flight of Zoom Air. A copy of air ticket of Spicejet Airlines have been filed in support of such contention of the complainant wherefrom it appears that the complainant paid Rs.19,031/- for booking of that air ticket on 30.06.2017 which was scheduled to take off on 01.07.2017. On perusal of the Clause D of the terms and condition i.e. ‘Refunds against flight cancellation/delay etc as provided under flight cancellation’ it appears that in case of cancellation of flight occurs due to extraordinary circumstances beyond the control of Zoom Air no compensation shall be payable to any of the affected passenger.
In the instant case the complainant has stated that he was informed that the flight was cancelled owing to technical difficulties. Had the complainant filed entire documents of terms and conditions it would have been possible to ascertain explanation/definition of technical difficulty as per conditions laid down by Zoom Air.
It further appear from clause no D of the terms & conditions No.(D) there are some other Clauses stating the criteria for refunding the amount paid by the complainant.
The complainant has stated that an amount of Rs. 8501/- was credited to his account after about 18 days from the date of cancellation but no documentary evidence has been filed to show when the amount has been credited to his account. It is further alleged by the complainant that the Airlines took initiative to refund the amount mis-representing that cancellation of booking of ticket was done on initiative of the complainant. It appears from mail dt. 18.07.2017 issued by the Zoom Air which runs as “Upon your kind request we proceeded with cancellation of your itinery” that the Airlines hold that the cancellation as initiated by the complainant but, at the same time they had refunded Rs. 8501/- without deducting any cancellation charge which was to have been deducted as per terms of condition of Zoom Air.
The complainant has alleged that even on receiving request from the end of the complainant the Zoom Air did not make any alternative arrangement for travelling by Air which they were liable to provide.
On further perusal of condition D it appears that as per said terms of conditions the Airline was to provide air ticket in alternative flight in case of not providing intimation to the traveller before 3 hours of scheduled departure of the flight.
In the instant case admittedly the complainant received intimation regarding cancellation of the flight in the evening of 30.06.2017 and the scheduled departure of the flight was at 2.55 p.m. on 01.07.2017. It is, therefore, clear that the complainant received information of cancellation of the flight more that 3 hrs. Prior to scheduled departure and , therefore, as per said condition the Carrier Company was not liable to provide alternative arrangement and, thus, is not deficient in providing service.
In the result consumer complaint does not succeed.
Hence.,
Ordered
That CC/388/2018 is dismissed exparte without cost .
