JET AIRWAYS (INDIA) LTD. SIROYA CENTRE, SAHAR AIRPORT ROAD, ANDHERI (EAST)THROUGH ITS CHAIRMAN MUMBAI Vs. HARI MOHAN BHARDWAJ & 2 ORS. R/O 889, SECTOR

JUDGEMENT

(1.) The complainants purchased an air ticket for travelling from Brisbane to Delhi via Singapore on 19.06.2013. When the complainants reached Brisbane airport on 19.06.2013, they came to know that the flight for which they had booked the tickets had been re-scheduled and had left about 3 hours and 20 minutes before the scheduled time of departure. As a result, they had to purchase the tickets from China Airlines at a price of Rs.85,857/-. They made a complaint to the petitioner Jet Airways explaining their plight. The petitioner responded by way of a communication dated 02.08.2013 intimating the complainants that the flight had been re-scheduled and the revised schedule had been sent by them to the system of his agent way back on 04.02.2013, by way of an auto generated message. Neither the price of the ticket was refunded to the complainants nor was any compensation paid to them. Being aggrieved, they approached the concerned District Forum by way of a complaint, impleading the petitioner as well as Cozy Travels Pvt. Ltd., the travel agent from whom the tickets were purchased by the complainants as opposite parties.

(2.) The petitioner Jet Airways (India) Ltd. appeared and filed a reply before the District Forum. It was inter-alia stated in the reply that the change in the scheduled time of the flight was notified by them to the system of opposite party no. 1 Cozy Travels Pvt. Ltd. through an auto generated message on 04.02.2013. It was also stated in the reply filed by Jet Airways (India) Ltd. before the District Forum that the fare had been refunded by them to M/s. Akbar Travels of India, which had issued the ticket that was purchased by the complainants. It was the ticket issued by M/s. Akbar Travels of India which the complainant had issued through Cozy Travels Pvt. Ltd.

(3.) The order of the District Forum shows that the travel agent Cozy Travels Pvt. Ltd. had filed a reply, denying that the flight took off three hours before the scheduled time and claiming that it was the complainants who did not reach the airport on time. Thus, the stand taken by Cozy Travels Pvt. Ltd. was contrary to the stand taken by the petitioner Jet Airways (India) Ltd. before the District Forum. The stand taken by the petitioner Jet Airways (India) Ltd. was that they had actually re-scheduled the flight and intimated the change to the travel agent Cozy Travels Pvt. Ltd., the stand taken by the travel agent was that the flight had not been re-scheduled at all and the complainants themselves had reached the airport late. This was not the stand taken by Cozy Travels Pvt. Ltd. that they had not received any intimation of re-scheduling of the flight from Jet Airways (India) Ltd., at their system by way of an auto generated message.