SPICEJET LTD. Vs. VINEY VAID & ANR.

JUDGEMENT

(1.) By this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), Spice Jet Ltd., Opposite Party No. 2 in the Complaint under the Act, calls in question the correctness and legality of the order dated 04.05.2016, passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (for short "the State Commission") in Appeal No.132 of 2016. By the impugned order, the State Commission has affirmed the order dated 29.02.2016, passed by the District Consumer Disputes Redressal Forum-II, U.T. Chandigarh (for short "the District Forum") in Consumer Complaint No. 506 of 2014, preferred by Respondent No.1/Complainant, alleging deficiency in service on the part of the Opposite Parties. By the said order, the District Forum, while allowing the Complaint against Opposite Parties No. 1 and 2, including the Petitioner herein, had directed them to reimburse to the Complainant a sum of 51,303/- (i.e. 67,126 - 15,823), spent by him for return journey through Go Air, besides paying a further sum of 15,000/- as compensation and 5,000/- as litigation expenses, within a period of 45 days from the date of receipt of a copy of the said order, with default stipulation of paying interest @ 18% p.a. on the payments against reimbursement and compensation from the date of filing of the Complaint till realization. However, the District Forum had dismissed the Complaint qua Opposite Party No.3, i.e. the Tour Operator.

(2.) The Complainant had booked four tickets for travel by the Petitioner Airlines for self and other family members. As per the tickets, which had been booked for Chandigarh - Srinagar Sector, the outbound journey was to be performed on 08.06.2014 and inbound journey on 15.06.2014. Though, in order to avoid tension and harassment, the Complainant had booked the said tickets in February, 2014, he received a call from the said Airlines, stating that the return flight booked for 15.06.2014 from Srinagar to Chandigarh had been cancelled, with offer to arrange for the tickets on some other date. The Representatives of the Airlines had assured the Complainant that the tickets for return journey for 16.06.2014 would be confirmed by 10/11.06.2014 but the same did not happen. Due to the said reason, the Complainant had to spend a sum of 68,284/- towards purchase of fresh tickets for journey from Srinagar to New Delhi, and thereafter a further sum of 6,000/- as charges for hiring a taxi. The Complainant got issued a legal notice to the Opposite Parties but of no avail. In the said background, the afore-noted Complaint came to be filed before the District Forum, alleging deficiency in service on the part of the Opposite Parties. The Complainant had, inter alia, prayed for a direction to the Opposite Parties to pay to him the aforesaid amounts, spent by him on air journey from Srinagar to New Delhi and on road journey from New Delhi to Chandigarh, besides a compensation of 3,00,000/- on account of harassment etc. suffered because of deficient services of the Opposite Parties.

(3.) Upon notice, all the Opposite Parties contested the Complaint. On appreciation of the material available before it, the District Forum came to the conclusion that there was deficiency in service on the part of Spice Jet Airlines, the Petitioner herein. Consequently, while dismissing the Complaint qua the Tour Operator, the District Forum allowed the same against the Petitioner and issued the afore-noted directions to it.