Date of Filing: 12.04.2019
Date of Order: 07.09.2021
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION – I, HYDERABAD
P r e s e n t
HON’BLE Smt. P. Kasthuri PRESIDENT(FAC)
HON’BLE Shri K.RAM MOHAN, MEMBER
On this the Tuesday the 07th day, of September, 2021
C.C.No. 149/2019
Between
Dr. Madhuri Murkey,
W/o Dr.Rajaneesh Murkey,
Aged about 42 years, Occ: Doctor,
R/o: 5-9-217, First floor,
Chirag Ali Lane, Hyderabad – 500 001.
….Complainant
And
1. M/s. Air India Limited,
Rep. by its Managing director,
Office at Airlines House, 113,
Gruudwara Rakabganj Road,
New Delhi – 110 001.
2. M/s. Air India Limited,
Rep. by its regional Manager,
Local office at 5-10-193, HACA Bhavan,
Hill Fort Road, Saifabad, Hyderabad – 4
3. M/s. Easy Travels & Communications,
Rep. by its proprietor,
7, Ground Floor, Eden Gardens,
# 8-2-595/3/7, Road No.1,
Banjara Hills, Hyderabad – 500 034.
….Opposite parties No.1 to 3
Counsel for the Complainant : M/s. Shyam Agarwal
Counsel for the Opposite parties No.1 to 3 : Ms.V. Uma Rani
O R D E R
(By Shri K.RAM MOHAN, Member on behalf of the bench)
1. The above complaint has been filed U/s.12 of the Consumer Protection Act,1986 alleging deficiency in service provided by the opposite parties to the complainant for her planned journey from Hyderabad-Delhi-Kulu and for its return journey for which she claimed reliefs, as stated infra.
2. The complainant states that she booked 4 flight tickets through OP.3 for the flights of OP.1&2 for a trip to Kulu-Manali from 3.2.2018 to 9.2.2018. The details of the flights for which tickets booked are: for onward journey on 3.2.2018 , Flight No.A.1-127 from Hyderabad to Delhi, Flight No.A1.9805 from Delhi to Kulu’ and for return journey on 9.2-2018 flight-A.9806 Kulu to Delhi. , A1.1`26 flight from Delhi Hyderabad. The tickets, for the above dates and places from Hyd-Delhi, Delhi-Kulu and for return journey Kulu-Delhi and Delhi-Hyderabad, have been confirmed; status of which is stated to have been “Confirmed”, on 17.01.2018. The flight from Delhi–Kulu , was A-1 9806. On reaching Delhi, as per above schedule, when the complainant was informed by the ops that the scheduled flight from Delhi to Kulu was cancelled and she was assured that she along with their other 3 members of her family, would be sent to Dharamshala by another flight and there from she was asked to go to Kulu by road, which was stated to be very short distance. It has been stated that the complainant was informed about the cancellation of the flight from Delhi to Kulu only after reaching the Delhi in the midnight. Even the OPs provided to the complainant the flight journey from Delhi to Dharamshala, as was not in accordance with the planning, the complainant and her accompanying members reached the Kulu by road by undertaking journey of about 10 hours contrary to the information given by the OPs. The said journey was with curved and hilly roads which is stated to have caused much inconvenience to the members of her family much less to her rod travel sick children, who were suffering from stated health related problems. The complainant’s states that had the Ops informed her about the cancellation of the said flight from Delhi to Dharamshala prior to starting from Hyderabad, she would have cancelled her journey program, keeping the health problems of her children. On account of which, i.e. information of flight from Delhi to Dharmshala was given only at Delhi and from there travelling by round 10 hours by road to kulu caused untold inconvenience to all the members of her family. Even for return journey, she was informed at the eleventh hour as to the cancellation of the flight from Kulu to Delhi and forcing her to reach
Delhi by Road through Chandigarh for which they again stated to have suffered from in the similar manner, as narrated above.
2.1 Because of the inconvenience caused by the Ops, the complainant was forced to spend an additional amount of Rs.5,500/- from Delhi to Kulu for taxi and for return journey from Kulu to Delhi, Rs.5,500/-. She was forced to spend Rs.6,000/- for hotel for onward and Rs.6,000/- for return journey from Delhi to Kulu, vice versa; thereby she is stated to have spent for an amount of Rs.24,000/-.for which she claimed damages of Rs.5,00,000/, apart from other sufferings as stated.
2.2 By reason of cancellation of flights, as stated above, the complainant along with her family members underwent untold suffering and harassment for which she prays the District Forum to direct the opposite parties to pay to the complainant flight charges of Rs.1,20,000/-, compensation for Rs.5,00,00/- towards difficulties and sufferings experienced by them during the above journey. Interest @ 24% on the above amount, Rs.50,000/- words litigation costs.
3. On dated 16.5.2019, Mrs.Uma Devi, Advocate filed vakalath for Ops 1 &2. By 21.6.2019, no written version for Ops 1 &2 has been filed. Written version for Ops 1 &2 has been filed on Dated. 31.07.2019 in the section and the same is not taken on record. From the record, it is clear that the above written version has been filed beyond stipulated period of 45 days. More over, there are no reasons for delayed submission of the above written version. The District Forum/Commission does not have power to take the written version, filed beyond stipulated 45 days under the Consumer Protection Act,1986, to accept and take it on record. As such, the above written version is not being considered for adjudication of the dispute in the instant complaint.
4. During the course of enquiry, the complainant has got filed her affidavit of evidence reiterating the material facts of the case supported by Ex.A.1 to A.12. OP.3 remained absent though served with notice, through out entire proceedings. The Ops 1 & 2 got filed their affidavit of evidence supported by B.1 to B.7. The request of the complainant vide memo to treat her affidavit evidence as written arguments has been conceded and the same has been taken on record. Both parties submitted their oral submissions.
5. Heard the learned Counsel for the complainant and OPs 1 & 2 as well. Perused the material brought on record. The following points need to be determined in order to arrive at just and proper conclusion.
5.1 Whether there is any deficiency in service on the part of the
opposite parties ?
5.2 Whether the complainant is entitled to any reliefs, as prayed
for?
5.3 If so, to what extent ?
OUR FINDINGS WITH RESPECT TO ABOVE ARE:
5.1 Ex.A2, issued by the agent of the Ops, shows that the tickets booked by the complainant for 4 members of her family, are confirmed. Ex.A5 shows that the complainant and her other family members were provided air journey from Delhi to Dharmshala not to Kulu. From their the complainants travelled by private transport to Kulu, which is evidenced by Ex.A.6, which is for Rs.5,500/-. Ex.A.7 are the bills issued by M/s Midway point for the expenditure met by the complainant and her family members on the way to Dharmashala. So it is clear that the complaint has travelled by road from Delhi to Kuliu. Ex.A.8 is the hotel bill dated 8.2.2018 for Rs.6,000/- issued in favour of Madhuri, a member of the complainant, Ex.A.9 is the Flight tickets dated 9.2.2018 for four tickets travelled from Chandarigarh to Hyderabad. Ex.A.12 which the reply from the ops to the complainant, where in the ops admitted that the flight from Delhi to Kulu was cancelled for operational reasons and the complainant was advised to travel by an alternative connection from Delhi to Kulu. It is also admitted that the complainant and her family members travelled by road and reached Kulu. The statements made in the said reply as to that the ops are not liable for cancellation of the said flight as the reasons were beyond their control is not acceptable as they deliberately cancelled the flight with an intention to make the passengers who would travel
by such flight would buy the air tickets at higher price, which amounts to business tactics and the motive is ulterior and to make profits. The reasons so assigned were not proved by adducing any evidence by the opposite parties. With the commercial purpose by adopting deceptive practices and cancelling the flight at the eleventh hour squarely amount to deficiency in service. As such, the opposite parties are liable for such actions which caused the complainant and her family members much inconvenience and forced to incur heavy expenditure. Under the circumstances, we fasten the liability on the opposite parties 1 & 2 for which they are liable to pay to the complainants, as mentioned hereunder.
The opposite party No.3 has no role in causing any loss inconvenience to the complainants as such complaint against Opposite party No.3 is dismissed.
5.2 In view of the above discussion, the complainant is entitled to the reliefs, as granted infra.
5.3 In the result, the complaint :
A. against opposite parties No.1 and 2 is allowed in part and they are hereby directed to :
a. pay to the complainant for an amount of Rs.1,20,000/-
paid by the complainant towards flight charges and other
expenses incurred.
b. pay Rs.25,,000/- towards compensation for mental agony
etc.,
c. pay Rs.10,000/- towards litigation costs.
B. The complaint against the opposite party No.3 is dismissed with no order as to costs.
Time for compliance : 45 days from the date of receipt of this order in default the above amounts, except costs shall attract interest @ 12% p.a.
Dictated to steno, transcribed and typed by him, pronounced by us on this the 07th day of September, 2021.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
EXHIBITS FILED ON BEHALF OF THE COMPLAINANT:
Ex.A1 – Copy of Tax invoice dt. 17.01.2018.
Ex.A2 – Copy of E-Tickets dt. 17.01.2018.
Ex.A3 – Copy of Boarding passes of complainant and family
members dt. 03.02.2018.
Ex.A4 – Copy of Letter of O.P1 and OP2 dt. 17.01.2018.
Ex.A5 – Copy of boarding passes of complainant and family
members dt. 04.02.2018.
Ex.A6 – Copy of bill of M/s Kangra Airport Taxi operator dt.
04.02.2018.
Ex.A7 – Copy of bill of M/s Midway point dt. 04.02.2018.
Ex.A8 – Copy of Hotel bill dt. 08.02.2018.
Ex.A9 – Copy of tickets for flights by Indigo Airlines dt. 09.02.2018.
Ex.A10 – Copy of legal notice dt. 13.03.2018.
Ex.A11 – Copy of online track report of postal acknowledgments dt.
14/16.03.2018.
Ex.A12 – Copy of reply notice of the opposite parties No.1 & 2 dt.
02.05.2018.
EXHIBITS FILED ON BEHALF OF THE OPPOSITE PARTIES :
Ex.B1 - Copy of Itinerary receipt of passengers
Ex.B2 - Copy of call centre report 20.02.2020
Ex.B3 - Copy of reply legal notice dt. 02.05.2018.o
Ex.B4 - Copy of refund money
Ex.B5 - Copy of refund money
Ex.B6 - Copy of refund money
Ex.B7 - Copy of refund money
MEMBER PRESIDENT
