Punjab

Faridkot

CC/19/105

Mangat Arora - Complainant(s)

Versus

Jet Airways Limited - Opp.Party(s)

Ashu Mittal

22 Jul 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

C.C. No. :                   105 of 2019

Date of Institution:       15.04.2019

Date of Decision :         22.07.2019

 

Mangat Arora Advocate aged about 54 years, son of Tehal Singh r/o Opposite Jain School, Near Baba Farid, Faridkot, Tehsil and  District Faridkot.

...Complainant

Versus

1. Jet Airways (India)  Limited, c/o Indira Gandhi International Airport, Terminal 3, New Delhi-110037 through its MD.
2. Jet Airways (India)  Limited, Corporate Office Siroya Centre, Sahar Airport Road, Andheri (East), Mumbai-400099 through its MD.
3. Happy Easygo Private Limited, First Floor, Plot No.883, Phase V, Udyog Vihar, Gurugram, Haryana, 122016, through its MD.

                                            ....Opposite parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh  Ajit Aggarwal, President,

Smt  Param Pal Kaur, Member.

 

Present:      Sh Ashu Mittal, Ld Counsel for complainant,    

                  OPs Exparte.

 

ORDER

(Ajit Aggarwal, President)

                                                          Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops

 

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seeking directions to OPs to refund Rs.15,831/- alongwith interest and for further directing OPs to pay Rs.50,000/- as compensation for mental agony and  harassment suffered besides litigation expenses.

2                                                                Briefly stated, the case of the complainant is that his daughters study and reside in Sydney, Australia and in January, 2019, they came to India to see their parents and for going back, they were to board Air India Flight No. A I-301 from Indira Gandhi International Airport, New Delhi on 2.03.2019 at 13.15 (1.15 P.M). It is pertinent to mention here that Air Lines expect and ask passengers to come to Air Port about three hours prior to scheduled time of flight. It is submitted that for going to New Delhi Airport at scheduled time and for connecting with Air India Flight, complainant contacted OP-3 and on their assurance that fly time from Amritsar to New Delhi is 9.05 AM on 2.03.2019 and it would reach New Delhi at 10.45 am, complainant got booked two seats and made payment of Rs.15,831/-through his credit card. Flight no. AI-301 was to fly at 13.15 (1.15 PM ) and complainant was expecting to reach Indira Gandhi Airport, New Delhi much in advance through the flight of OPs, but he was surprised to see the e-mail sent by OPs on the mobile of her daughter which stated that scheduled time of flight of OPs has been changed from 9.05 to 10.05 meaning thereby flight from Amritsar would take off at 10.05 and it would reach Airport at New Delhi at about 12.00 and that time was not suitable for the daughters of complainant to board next flight for Sydney and thereupon, complainant  sent  e-mail  vide  which complainant duly informed them that new scheduled time given by OPs  does not suit his daughters for boarding flight to Sydney and made request for refund of Rs.15,831/- charged by them from complainant. Thereafter, complainant sent several e-mails to Ops requesting them to refund the amount of Rs.15,831/-, but

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did not pay any heed to hear his genuine requests, which amounts to deficiency in service and trade mal practice on their part. He has prayed for accepting the complaint alongwith compensation and litigation expenses besides the main relief. Hence, the  instant complaint.

3                                                The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 16.04.2019, complaint was admitted and notice was ordered to be issued to the OPs.

 4                                                   Notice containing copy of complaint and relevant documents was issued to Ops, but same has not been received back undelivered. Acknowledgment might have been lost in transit. Case has been called out many times but despite repeated calls, nobody appeared in the Forum on behalf of Ops either in person or through counsel on the date fixed, therefore, all the OPs were proceeded against ex parte vide order dt 19.06.2019.   

5                                                To prove his case, Ld counsel for complainant tendered in evidence affidavit Ex.C-1, documents Ex C-2 to C-9 and then, closed the evidence.

6                                                   As there is no rebuttal from OPs side, therefore, ld counsel for complainant advanced arguments. He vehementally argued that daughters  of complainant living in Sydney, Australia came to meet him in India in  January, 2019 and they were to go back by boarding Air India Flight No. A I-301 from Indira Gandhi International Airport, New Delhi on 2.03.2019 at 13.15 (1.15 P.M). As per rules of Air Lines, passengers are required to reach Air Port about three hours prior to scheduled time of flight. Complainant contacted OP-3 and on

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their assurance that fly time from Amritsar to New Delhi is 9.05 AM on 2.03.2019 and it would reach New Delhi at 10.45 am, complainant got booked two seats for his daughters and paid Rs.15,831/-through his credit card. Flight no. AI-301 was to fly at 13.15 (1.15 PM ) and complainant was expecting to reach Indira Gandhi Airport, New Delhi much in advance through the flight of OPs, but he was surprised to see the e-mail sent by OPs on the mobile of her daughter which stated that scheduled time of flight of OPs has been changed from 9.05 to 10.05 meaning thereby flight from Amritsar would take off at 10.05 and it would reach Airport at New Delhi at about 12.00 i.e much later than expected and that time did not suit his daughters to board next flight for Sydney and thus, complainant sent e-mail informing OPs that their new scheduled time does not suit them for boarding flight to Sydney and made request for refund of Rs.15,931/-charged by them from complainant. After that complainant sent several e-mails to Ops with request to refund the amount of Rs.15,831/-, but all in vain as they did not give any response to his requests, which amounts to deficiency in service and trade mal practice on their part. He has prayed for accepting the complaint and stressed on documents Ex C-1 to Ex C-9

7                                              In order to prove his pleadings, ld counsel for complainant brought our attention towards document Ex C-2 and Ex C-3 which are copies of air flight e-tickets that prove the fact that daughters of complainant arrived India from Sydney through Air India Flight No. AI-301 dated 12.02.2019 and 29.01.2019  and they were to go back by boarding Air India Flight No. AI-302 from New Delhi to Sydney on 2.03.2019. Document Ex C-4 further proves the pleadings of complainant that he got booked air ticket worth Rs.15,831/- for going from Amritsar to Delhi and its departure time from Amritsar was 9.05 and arrival

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at New Delhi was on 10.25. Now, Ex C-5 is copy of message received from OPs to daughter of complainant which states that schedule for Jet Airways Flight No. 9W 0795 ATQ DEL 02 Mar 2019 09:05 to 10:25 has been changed. Ex C-6 to Ex C-9 are copies of e-mails that prove the correspondence occurred between complainant and OPs, wherein complainants has made several requests to OPs to refund the amount of Rs.15,831/-which Ops charged from complainant for booking flight from Amritsar to New Delhi. It is observed that as schedule for said flight has been changed by OPs as it is proved from careful perusal of Ex C-5 that shows that schedule for flight through which daughters of complainant were to reach New Delhi was changed and new schedule for going from Amritsar to New Delhi at 10.25 did not suit the daughters of complainant as by going through changed schedule, it would not have been possible for his daughters to reach the destined place New Delhi in time and to board the flight for Sydney in time. It is crystal clear that there is deficiency in service on the part of OPs in not refunding the amount of Rs.15,831/-to complainant schedule for said flight was changed by OPs.

8                                               We have heard the counsel for complainant and have also carefully gone through the pleadings and evidence produced on record by complainant. Grievance of the complainant is that despite repeated requests OPs have not refunded the amount of Rs.15,831/-to complainant which they charged for booking two seats in flight of OPs for going from Amritsar to New Delhi for further boarding the flight from New Delhi to Sydney though they themselves cancelled the same and intimated complainant regarding change of schedule through their message stating that “schedule for Jet Airways Flight No. 9W 0795 ATQ DEL 02 Mar 2019 09:05 to 10:25 has been changed”. Complainant has produced sufficient and cogent evidence to prove his case and all documents

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produced by him are authentic and are beyond any doubt.  Action of OPs in not refunding the ticket prices to complainant amounts to deficiency in service and trade mal practice on the part of OPs and it has caused great harassment to him.

9                                                 We are fully convinced with the evidence and arguments of Counsel for the complainant. The complainant succeeds in proving his case, therefore, complaint in hand is hereby allowed and OPs are directed to refund the amount of Rs.15,831/- alongwith interest at the rate of 9% per anum from the date of payment by complainant to them till final realization and OPs are  further directed to pay Rs.5000/- to complainant on account of compensation for harassment and mental agony suffered by him besides Rs.2500/-as litigation expenses. Compliance of this order be made within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost. File be consigned to the record room. 

Announced in Open Forum

Dated: 22.07.2019

                                                  (Param Pal Kaur)                 (Ajit Aggarwal)  

                                                Member                               President