SPICEJET LTD. 319, UDYOG VIHAR, PHASE IV, GURGAON HARYANA Vs. RANJU AERY W/O SH. ABNESH DADWAL, R/O 2361, SECTOR 19

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 29.12.2015, passed by the U.T. State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as "the State Commission") in Appeal No. 347/2015, Spicejet Ltd. Vs. Ranju Aery, vide which, while dismissing the appeal at the preliminary stage itself, the order passed by the District Consumer Disputes Redressal Forum, dated 30.11.2015, in Consumer Complaint No. 588/2015, filed by the present respondent Ranju Aery, allowing the said complaint, was upheld.

(2.) The facts of the case are that the complainant Ranju Aery booked air tickets online from Chandigarh to Bagdogra (West Bengal) for her and her family members through the website Yatra.com for travel from New Delhi to Bagdogra on 23.06.2015 and return journey from Bagdogra to Kolkata and the connecting flight of the opposite party (OP) Airlines M/s Spicejet Ltd. from Kolkata to New Delhi for 30.06.2015. An amount of Rs. 70,900.00 was paid by the complainant through her debit card on 106.2015 for the said tickets. The complainant started her return journey on 30.06.2015 from Bagdogra to Kolkata by Indigo Airlines and reached the airport at Kolkata at 1.30 pm to board the connecting flight of the OP Airlines SG256 from Kolkata to New Delhi, scheduled for 20.40 hours. The complainant's family members were having the boarding passes for the said flight. However, they were shocked to know that the said flight of the OP Airlines had been cancelled. The OP Airlines did not provide any alternative arrangement to the complainant and her family for travel to New Delhi. The complainant was, therefore, forced to buy tickets for another flight, operated by the Jet Airways from Kolkata to Mumbai, with connecting flight to New Delhi, departing at 20.40 hours from Kolkata. The complainant spent an amount of Rs. 80,885.00 for five tickets for the said journey. The complainant and her family reached New Delhi by the said flight, but they missed the Volvo bus, which was supposed to carry them to Chandigarh. It is stated that the complainant and her family were scheduled to reach New Delhi at 250 hours on 30.06.2015, but due to the cancellation of the flight of the OP Airlines and travelling by another flight, they reached New Delhi at 5 am on 01.07.2015 and consequently, they were late in reaching Chandigarh. It is stated in the consumer complaint that the complainant obtained information about the status of flights, departing from Kolkata on 30.06.2015, from which, it was revealed that 128 flights out of the scheduled 129 flights had departed from Kolkata on that day, and it was the sole flight of the OP Airlines that was cancelled due to reasons best known to them. The complainant alleged that the OPs did not refund the fare charged from them for the cancelled flight, neither they provided another alternative flight. The complainant filed the consumer complaint in question, seeking directions to the OPs to refund the ticket amount of Rs. 20,000.00 along with interest @ 12% per annum for the cancelled flight. They also sought directions to the OPs to pay the additional amount of Rs. 80,885.00 paid by them for the alternative flight. The complainant also demanded Rs. 1.5 lakhs as compensation for mental harassment and Rs. 22,000.00 as litigation charges.

(3.) The District Forum decided the complaint vide their order dated 30.11.2015 and the said order was passed ex-parte against the OP Airlines. The District Forum directed the OP Airlines to refund an amount of Rs. 80,885.00 to the complainant after deducting the airfare between Kolkata to New Delhi for the cancelled flight, along with interest @ 9% per annum from the date of cancellation of the flight till realisation. They also directed the OP Airlines to pay an amount of Rs. 1.25 lakhs as compensation for harassment and Rs. 10,000.00 as litigation cost. Being aggrieved against the said order of the District Forum, the OP Airlines filed an appeal before the State Commission and the said appeal having been dismissed at preliminary stage vide impugned order of the State Commission, the OP Airlines is before this Commission by way of the present Revision Petition.