SpiceJet And Cleartrip Liable For Full Refund Of Cancelled Flight, Mangalore District Commission Orders Compensation For Deficiency In Service

Recently, the District Consumer Disputes Redressal Commission, Mangalore bench comprising Prakasha K. (President), Lingaraju P.V. (Member) and Sharadamma H.G. (Member) held SpiceJet and Cleartrip liable for not refunding the entire amount of the cancelled flight to the Complainants. The District Commission also granted Rs. 10,000/- as compensation and Rs. 5,000/- as litigation cost to the Complainants. Here, both Cleartrip and SpiceJet erred in refunding the entire amount and also in making alternative arrangement for the Complainants who missed an event in Jabalpur due to such cancellation. Brief Facts: Mrs. Mercy Veena D’Souza and Mrs. Sonia D’Lima (“Complainants”) were running a Beauty Academy in Mangaluru and had to travel to Jabalpur for the biggest fashion runway and event conducted by All India Hair and Beauty Association. The Complainants booked 3 ‘SpiceJet’ flight tickets from the website of Cleartrip Pvt. Ltd for a total sum of Rs. 27,736/- for 11th September 2022. Surprisingly, on 6th September 2022, the Complainants were informed that due to operational issues, the flight booked from Mangaluru to Bengaluru was revised to 12th September 2022 (a day later). The Complainants contacted both SpiceJet and Cleartrip requesting for rescheduling all the 3 flights to 19th, 20th and 22nd September respectively but the request was denied with the reason that dates can be rescheduled only within 7 days of booking and cannot be done for the specific flights requested. An alternative flight to Bengaluru was offered to the Complainants but later, SpiceJet failed to make alternative arrangements. Further, the Complainants were also charged 50% extra for cancellation on rescheduling the flights even though it was not due to their fault. The Complainants also tried to contact SpiceJet and Cleartrip on their customer care number which was chargeable and took more than 30 minutes to connect which also caused huge financial loss and mental agony to the Complainants. When requested for a refund of Rs. 27,736/-, a refund of only Rs. 5,500/- was provided to the Complainants. This compelled the Complainants to file a complaint in the District Consumer Disputes Redressal Commission, Mangalore (“District Commission”) for deficiency in service against SpiceJet and Cleartrip. After the notice was served, Cleartrip appeared but failed to file a written version within the time stipulated. SpiceJet remained absent and hence, it was placed exparte. Observations of the Commission: The District Commission observed that all the evidence presented by the Complainants remained unopposed and unchallenged by Cleartrip and SpiceJet. This eliminated the need for additional verification. Consequently, the evidence and records provided by the Complainants were examined, leading the Commission to determine that the opposing parties were at fault for not refunding the full amount received from the Complainants. The District Commission further held both SpiceJet and Cleartrip liable, jointly and severally to pay the Complainants a sum of Rs. 27,736/- along with an interest of 8% per annum from the date of the complaint till the date of payment and also a sum of Rs. 10.000/- as compensation and another sum of Rs. 5,000/- as litigation cost. Hereby, the complaint was allowed. Case: Mercy Veena D’Souza vs Cleartrip Pvt. Ltd. and Spice Jet Airlines Case No.: Consumer Complaint No. 7/2023 Advocate for the Complainant: Shri M.N.A. Advocate for the Respondent: Shri K.P. (For Cleartrip) Click Here To Read/Download Order

SpiceJet And Cleartrip Liable For Full Refund Of Cancelled Flight, Mangalore District Commission Orders Compensation For Deficiency In Service

Smita Singh

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