Punjab

Sangrur

CC/473/2019

Subhash Chand - Complainant(s)

Versus

Jet Airways - Opp.Party(s)

Sh. Anil Kumar Gupta

14 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No. 473

 Instituted on:   02.09.2019

                                                                         Decided on:     14.09.2023

 

1. Subhash Chand aged about 52 years son of Raghbir Chand;

2. Mamta Rani wife of Subhash Chand;

3. Heena Garg Daughter of Subhash Chand;

4. Manik Garg son of Subhash Chand, all residents of Green City, Sunam, Tehsil Sunam, District Sangrur.

                                                         …. Complainants 

                                                 Versus

Jet Airways, Registered and Corporate Office: Ground Floor, Siroya Centre, Sahar Airport Road, Andheri (East), Mumbai 400099 through its Director.

                                                        ..Opposite party

 

 

For the complainants :       Shri Anil Kumar Gupta, Adv.

For OP                       :       Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

                        Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER

 

1.             Complainants have preferred the present complaint (referred to as complainant in short) against the opposite party on the ground that they availed the services of the OP by getting booked return air tickets from London to Delhi through internet of OP Airlines and OP issued four return tickets in favour of the complainant and charged Rs.1,20,229/- under flight number 9W121, as such the complainant is the consumer of the OP.  Further case of  complainant is that on 14.4.2019 when the complainants reached at airport, it was told that Jet Airways flight have stopped functioning, whereas on inquiry before proceeding to Hattrow Airport it was assured by the OP that the flight will fly to Delhi directly from Hethrew, but no flight take off on 14.4.2019 of the OP airlines, as such the complainant spent an amount of Rs.1,32,604/- and purchased tickets from Make My Trip online site from London to Delhi via connecting flights. Further case of complainants is that though they represented the OP  for refund of the amount of Rs.1,20,220/- on account of four tickets and Rs.12,000/- paid in excess to the other airline for purchasing tickets, but the same was not refunded to the complainants so far despite best efforts of the complainants. Thus, alleging deficiency in service on the part of the OP, the complainants have prayed that the OP be directed to pay to the complainants the total amount of Rs.1,32,229/- (Rs.1,20,229/- plus Rs.12,000/-) along with interest and further claimed compensation and litigation expenses.

2.             Record shows that the service on the OP was effected through publication in the newspaper ‘The Times of India’ on 16.12.2021, but despite that the OP did not appear, as such it was proceeded exparte on 26.5.2022. 

3.             The learned counsel for the complainants has produced Ex.C-1 to Ex.C-8 copies of tickets and refund voucher as well as emails and affidavit and closed evidence. On the other hand, the OP was exparte.

4.             We have gone through the pleadings put in by  the complainants along with their supporting documents with their valuable assistance. 

5.             At the outset, it is very much proved from the copy of air tickets issued by OP which is on record as Ex.C-2 that the complainants spent an amount of Rs.1,20,299/- for purchasing four ticket in the name of complainants and the schedule journey was 14.4.2019, but on that date the OP cancelled all the flights from London to Delhi as such the complainants could not travel by the flight of the OP. Ex.C-3 is the copy of e-mail sent to the OP for refund of the amount. Ex.C-4 to Ex.C-7 are the copies of e-mails wherein it has been mentioned that the refund of the amount of Rs.1,20,299/- shall be processed and credited  to the account of the complainant within 10 days from 14.4.2019 but the said amount was never credited in the account of the complainant due to which reason the complainant had to approach this Commission for refund of the amount. Further Ex.C-8 is the copy of tax invoice which clearly reveals that the complainant purchased four tickets from make my Trip online site and paid an amount of Rs.1,32,604/- for four tickets from London to Delhi.  All these documents are duly corroborated by the affidavit of complainant Shri Subhash Chand, Ex.C-1.  The OP in the present case chose to remain exparte.  In the circumstances of the case, we find that the complainants have clearly proved their case and  the OP is not only deficient in its service by not providing the airline service but also is negligent in not refunding the due amount of the complainants.  As such, we find it to be a clear cut case of deficiency in service on the part of the OP.

6.             In view of our above  discussion, we allow the complaint and direct OP to pay to the complainants an amount of Rs.1,32,229/- (Rs.1,20,229/- plus Rs.12,000/-) along with interest @ 7% per annum. We further direct OP to pay to the complainant a consolidated amount of 10,000/- as compensation for mental tension, agony and harassment as well as litigation expenses. This order shall be complied with by OP within a period of thirty days of receipt of copy of this order.

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.      

                        Pronounced.

 

                September 14, 2023.