Spicejet Ltd. ,Rep By Its General ... vs K.V.

Krishnamoorthy & 4 Others on 17 April, 2015

State Consumer Disputes Redressal Commission

Spicejet Ltd. ,Rep By Its General ... vs K.V.Krishnamoorthy & 4 Others on 17 April, 2015
Daily Order

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION,CHENNAI

BEFORE : HON'BLE THIRU JUSTICE R.REGUPATHI PRESIDENT

THIRU.J.JAYARAM

TMT.P.BAKIYAVATHI

(Against the order in CC.No.10/2013, dated 30.07.2013 on the file of DCDRF, Coimbatore)

DATED THIS THE 17th DAY OF APRIL 2015

M/s.Spicejet Ltd,

Represented by its General Manager,

Registered Office at

Murasoli Maran Tower, Appellant / Opposite party

No.37 MRC Nagar Main Road,

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 Spicejet Ltd. ,Rep By Its General ... vs K.V.Krishnamoorthy & 4 Others on 17 April, 2015

MRC Nagar, Chennai 600 028.

Vs

1.

K.V.Krishnamoorthy, S/o.K.C.Venkatakrishnan

2. Mrs.Prema Krishnamoorthy,

3. Mr.K.C.S.Babu,

4. Mrs.Kamala Babu,

5. Mrs.Rajalakshmi Ganesan Respondents / Complainants All are at No.A 308,

Srivatsa Platinum Apartments, Thadagam Road, Coimbatore 641 025.

This appeal coming before us for final hearing on 05.02.2015 and on hearing the arguments on
both sides and upon perusing the material records, this Commission made the following order:

Counsel for Appellant/ Respondent : M/s.M.Sneha Counsel for Respondents/

Complainants : M/s.T.Ravikumar J.JAYARAM, JUDICIAL MEMBER

1. The appeal is filed by the opposite party against the order of the District Forum, Coimbatore in
CC.No.10/2013, dated 30.07.2013 allowing the complaint.

2. The case of the complainant is that they had purchased flight tickets in the Airways service of
the opposite party on 19.10.2012 for the travel on 26.10.2012 from Coimbatore to Bangalore for
departing from Coimbatore at 13.13 hours and arriving at Bangalore at 14.50 hours, paying total
fare of Rs.19,840/-. On the date of departure the flight was cancelled causing inconvenience, loss of
money and mental agony to the complainants due to the deficiency in service on the part of the
opposite party and hence the complaint.

3. According to the opposite party the flight was cancelled due to technical snag developed at
Bangalore which was detected by Aircraft Maintenance staff and there is no deficiency in service on
their part.

4. The District Forum considered the rival contentions and allowed the complaint holding that
there is deficiency in service on the part of the opposite party who failed to inform the complainants

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 Spicejet Ltd. ,Rep By Its General ... vs K.V.Krishnamoorthy & 4 Others on 17 April, 2015

about the cancellation of the flight well in advance.

5. Aggrieved by the impugned order the opposite party has preferred this appeal.

6. The opposite party / appellant would contend that the flight was cancelled due to technical
snag which was detected by the Aircraft Maintenance staff at Bangalore and the flight had to be
cancelled due to unavoidable circumstances.

7. Admittedly the 1st complainant purchased flight tickets for himself and other complainants
for their journey from Coimbatore to Bangalore on 19.10.2012 for their travel on 26.10.2012 and
admittedly on 25.10.2012 the opposite party sent SMS to the 1st complainant informing that the
flight had been preponed by 15 minutes and the time of departure would be 13.15 hours and on
26.10.2012 the opposite party sent another SMS at 13.29.14hours confirming the date of departure
of the flight viz 26.10.2012 and on 26.10.2012 the complainant went to Airport at Coimbatore and
the security check formalities were completed at about 13.12.hours and the opposite party
announced that the flight was delayed and the time of departure would be 15.45 hours
approximately and sometime later the opposite party further announced that the flight would depart
at about 15.15 minutes and further announced stating that the approximate departure would be
15.15 hours and suddenly at about 15 hours the opposite party announced that the flight was
cancelled due to technical snag and having no other way the complainants travelled by Jet Airways
by purchasing the tickets for Rs.50,810/-.

8. It is pertinent to note that on 25.10.2012 itself the opposite party has sent SMS to the 1st
complainant stating that the flight had been preponed by 15 minutes on 26.10.2012 and
subsequently several SMS messages have sent to the complainant.

9. On consideration of the entire materials on record we are of the view that the opposite party
had every chance to inform the complainants much earlier regarding the cancellation of the flight
and also to make alternative arrangements; but the opposite party failed to inform the complainants
regarding the cancellation of the flight at the earliest point of time that could be and further they
failed to make alternative arrangements and we hold that there is deficiency in service on the part of
the opposite party.

10. The District Forum has allowed the complaint holding that there is deficiency of service on the
part of the opposite party and passed an order directing the opposite party to pay a sum of
Rs.50,810/- being the ticket price paid by the first complainant to Jet Airways for purchase of tickets
for the journey from Coimbatore to Chennai and then from Chennai to Bangalore to the
complainants and to pay a sum of Rs.1200/- being the taxi charges from Bangalore Airport to
Bangalore City railway station to the complainants and to pay a sum of Rs.10,000/- to each
complainant as compensation for mental agony caused due to the deficiency in service on the part of
the opposite party and to pay costs of Rs.1000/-.

11. Considering the facts and circumstances of the case we feel that the sum of Rs.1200/- claimed
as taxi fare need not be granted and we feel that award of Rs.10,000/- as compensation for mental

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 Spicejet Ltd. ,Rep By Its General ... vs K.V.Krishnamoorthy & 4 Others on 17 April, 2015

agony to each of the complainants is on the higher side and we are inclined to reduce the
compensation for mental agony to Rs.2000/- to each complainant. Otherwise there is no infirmity
in the order of the District Forum.

12. In the result, the appeal is partly allowed modifying the order of the District Forum by setting
aside the award of Rs.1200/- being the taxi fare and reducing the compensation for mental agony to
Rs.2000/- (Rupees Two thousand only) to each complainant instead of Rs.10000/- each and
confirming the rest of the order. No order as to costs in the appeal.

P.BAKIAYAVATHI J.JAYARAM R.REGUPATHI

MEMBER (J) MEMBER PRESIDENT INDEX; YES/ NO
VL/D;/PJM/CONSUMER

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