CA – JUN 15 – SETTLED IN COURT
- Posted by CERC India
- Posted in monthly
SETTLED IN COURT
CERS compels SpiceJet to pay for poor service
Rajendra Bhagat, a resident of Ahmedabad, was booked on a SpiceJet flight from Coimbatore to Ahmedabad via Mumbai. The flight scheduled for 1.15 pm was rescheduled for 5 pm and again for 7 pm He was not offered any clarification for the rescheduling and the subsequent delay. When Bhagat enquired about the connecting flight from Mumbai to Ahmedabad, SpiceJet cancelled his security check and decided to offload the luggage. He was forced to put up in a hotel. At the hotel, Bhagat got it confirmed that he was a SpiceJet guest and that the airline would pay his bills. Late in the night, SpiceJet rang him up to say that he could travel the next day against a cancellation. The airline refused to pay for the accommodation and transport expenses incurred by Bhagat, forcing him to clear the dues if he wanted to board the Coimbatore-Ahmedabad flight on time. Bhagat had to pay Rs. 2,605 and later the taxi fare worth Rs. 300 to reach the airport.
Feeling he had been treated shabbily by the airline, Bhagat approached CERS and they filed a complaint before the District Forum. After considering all the evidence provided by CERS, the Forum declared a verdict in favour of the complainant. It directed SpiceJet Ltd. to pay Rs. 2905 towards accommodation and transportation charges with 9% interest, Rs. 5000 as compensation for mental agony caused and Rs. 2000 towards litigation charges.
Transport firm told to compensate for damaged goods
Renu Sharma from Gurgaon, Haryana, hired the services of Agarwal Packers and Movers for the transport of household goods from Bangalore to Gurgaon. She paid the transport charges of Rs. 72,600 by cheque. The consignment was also insured after payment of an additional 3% of the total charges. When the goods arrived, Renu was shocked to find that many of the articles had been badly damaged and some were missing. She estimated her loss at Rs. 1,35,800. She lodged a complaint with the transport company. Not receiving a positive response, she complained to the District Forum.
The Forum held the transporter guilty of deficiency of service and directed it to pay Renu Rs. 20,000 as compensation and Rs. 5,000 towards costs. Dissatisfied with the amount of compensation, she approached the State Commission which upheld the Forumâ€™s order but raised the compensation amount to Rs. 50,000, as compensation for loss and mental agony and costs. The transport company filed a revision petition with the National Commission which upheld the State Commissionâ€™s verdict observing: â€œWe deem it in the interest of natural justice that the transporter is directed to pay Rs. 50,000 as a lump sum compensationâ€¦â€