Haryana

StateCommission

A/1281/2018

VINOD AND ANOTHER - Complainant(s)

Versus

HOLIDAY TRIANGLE AND OTHERS - Opp.Party(s)

SANJEEV GOYAL

26 Apr 2023

ORDER

                                     STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

First Appeal No. 1281 of 2018

  Date of Instituion:21.11.2018

                Date of order:26.04.2023

                                      APPEAL No.1281 of 2018

IN THE MATTER OF:

 

1.      Vinod Kumar S/o Sh.Shiv Dayal Vijay, R/o Infront of Old Police Station, Street No.2, Newai, District Tonk, Rajasthan 304021.      

2.      Nehay Vijay Wife of Sh.Vijay Kumar, R/o Infront of Old Police Station, Street No.2, Newai, District Tonk, Rajasthan 304021.

                                                                                       .….Appellants

Versus

1.      Holiday Triangle Travel Private Limited, through its Managing Director, having its Corporate office at Plot No.29, 3^rd & 4^th Floor, Dynamic House, Maruti Industrial complex, Sector 18, Gurugram 1220015, Haryana.

2.      Mr. Ashok Aashish, Senior Travel Consultant, Sales & Operations, Holiday Triangle Travel Pvt. Ltd. having its Corporate office at Plot No.29, 3^rd & 4^th Floor, Dynamic House, Maruti Industrial complex, Sector 18, Gurugram-1220015, Haryana.

3.      Anupreksha Jain, Travel consultant, Sales & Operations, Holiday Triangle Travel Pvt. Ltd. Having its corporate office at Plot No.29, 3^rd and 4^th Floor, Dynamic House, Maruti Industrial Complex, Sector 18,gurugram 1220015, Haryana.

4.      Rajni Sharma, Fantabulous, B-2, Strawberry Hills, Chotta
Shimla,Shimla (HP) 171002. (given up vide order dated 30.08.2022)

…..Respondents

CORAM:    S.P.Sood, Judicial Member.

 

 

Present:-    Mr.Sachin Ohri, Advocate for the appellants

                   Mr.Kanisth Ganeriwala, Advocate for the respondents.

                  

O R D E R

S.P. Sood, Judicial Member:

 

          The brief facts of the present case as alleged by the complainants are that they booked a holiday package for six nights and seven days for Thailand through respondent No1’s agent Fantabulous Holidays, which included air fare, transfer, accommodation, sightseeing and meals. Complainants paid Rs.70,500/-.  This booking was done on 26.02.2018. As per the tickets shared with complainants the departure of the flight was scheduled at 21:45 of 25.04.2018 from Jaipur International airport for Bangkok.  Thereafter they also received the Thai Air Asia tickets & final voucher of trip from Ops on 23.04.2018 and as per schedule they reached the designated airport on 25.04.2018 at about 19:40 p.m. but were shocked to find that the said flight timings were changed from 21:45 to 21:15 PM and even counter was also closed by the carrier people.  On inquiry, it was revealed that flight timing was rescheduled by the carrier but the same was not conveyed and  this is how complainants were left with no option but to book the next flight.  Accordingly, they booked the tickets for Jaipur to Bangkok in next day’s morning flight dated 26.04.2018 through Make My Trip which it cost them Rs.25250/-.  Upon complaint, the air asia informed telephonically that they had changed the timings since 13.03.2018 and information about this was duly given to the traveler.  Complainant sent a mail on 16.05.2018 when the final voucher alongwith air tickets were made available  to the complainants after 40 days of the said mail dated 23.04.2018 with the timings of departure to be 21.45 hours.  It was the duty of the Ops to provide tickets giving out the correct timings of the flight departure, but, they failed to do so. The Ops have shown highly deplorable, irresponsible and negligent act and conduct and thereby resulting into great hardship to the complainants and thus they were guilty and responsible for acute deficiency in service, hence the complaint.

2.      The District Commission, Gurgaon after taking into consideration entire material available on record dismissed the complaint vide order dated 19.09.2018 at the stage of admission.

3.      Feeling aggrieved by the order of learned District Commission, Gurgaon, complainants-appellants have preferred this appeal.

4.      The arguments have been advanced by Mr.Sachin Ohri, Advocate for the appellants as well as Mr. Kanisth Ganeriwala, Advocate for the respondents. With their kind assistance the entire appeal record has been properly perused and the record examined.

5.      Learned counsel for the appellant argued that they booked tour package through website of OP and as per the tickets, the flight was to depart from Jaipur on 25.04.2018 at 21:45 p.m., but, they reached  at airport at 19.40 P.M. and were shocked to see that departure timing was changed from 21:45 PM to 21:15 PM and due to this reason, the counter was also closed by the air carrier and this is how complainants missed the flight. The complainant again booked the tickets for Jaipur to Bangkok morning flight dated 26.04.2018 from Make My Trip and it cost them Rs.25250/-.  It was responsibility of the Ops to have informed them at least five days prior from the journey or at least a day before the journey.

6.      Learned counsel for the respondent argued that complainants reached at the airport at 19.40 pm as per the version of complainants, whereas the flight timing was 21.15 p.m. and as per the rules the complainants should have reached the airport at least two hours before departure of flight.  The complainants themselves have violated the terms and conditions of the general rules. The complainants were not entitled for compensation.

7.      It is admitted that the complainants booked the tour package through the website of OP and as per the ticket, flight was to depart from Jaipur on 25.042018 at 21.45 p.m.  It was also admitted that  timings of flight was changed from 21.45 p.m. to 21.15 p.m. as per the booking details (page 28 of the appellate file).    As per the rules of Airport authority of India, the person who has to board any flight should reach two hours before departure of the flight. Even otherwise, also the complainants have not produced any evidence to show that they reached at airport at 19.40 p.m.  The learned District Commission has rightly dismissed the complaint.

8.      The learned District Commission has rightly dismissed the complaint of the complainant. The State Commission finds no reason or ground to interfere with the order of learned District Commission. Hence, the appeal being devoid of merits, stands dismissed.

9.      Application(s) pending, if any, stand disposed of in terms of the aforesaid Order.

10.    A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The Order be uploaded forthwith on the website of the commission for the perusal of the parties.

11.    File be consigned to record room.                  

 

26^th April, 2023

 

                                                                                                            S.P.Sood

                                                                                                            Judicial Member                                                                                                                 Addl. Bench            

S.K. Pvt. Secry.