BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.455 of 2017
Date of Instt. 29.11.2017 Date of Decision: 10.12.2019
Sh. Surinder Pal (aged about 47 years) son of Sh. Dev Raj, resident of 57, Vivek Vihar, Maqsudan, Jalandhar, Punjab.
..........Complainant
Versus
1. Air India Limited, registered office:- Airlines House, 113, Gurudwara Rakabganj Road, New Delhi-110001, through its Managing Director/Chairman.
2. Air India Limited, GF, Vijaya Tower, Civil Lines, Jalandhar-144001, through its Branch Manager.
3. Worldwide Travel 4 U Ltd., 55, Burgkley Circle, Cottesmore, Rutland LE 15 7AQ, United Kingdom, through its Managing Director/Chairman.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Yogesh Malhotra, Adv. Counsel for the Complainant.
OPs No.1 & 2 exparte.
Order
Karnail Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the OPs are in the business of running of Airline and are carries. The OP No.1 is an airline company having head office at Airlines House, 113, Gurudwara Rakabganj Road, New Delhi. The OP No.1 is having branches all over India and abroad and is also having its Branch Office at Civil Lines, Jalandhar. The OP No.3 is a proforma and it has been impleaded to rule out any technicality and no relief is claimed against it. The complainant had to travel abroad so he booked his journey with the OPs as per the attached schedule. The complainant had to travel back to India from UK and he had confirmed booking from Birmingham to New Delhi, vide Flight No. AI 114 to leave Birmingham, England on 20.08.2017 at 2130 Hrs and to arrive at New Delhi on 21st August, 2017 at 1030 Hrs. Then he had to board a flight bearing No.AI 16 for Amritsar. The schedule of the flight was that it had to leave Delhi Airport by 1715 Hrs and to arrive at Amritsar at 1820 Hrs. The ticket was booked by complainant on 23.06.2017. That the complainant is a member of disciplined force and his superiors ordered him to join the duties on 21.08.2017 itself because of the critical law and order situation arising in the region. The complainant rescheduled his travel and rebooked his flight from New Delhi to Amritsar, vide E-Ticket bearing No.0982121958188 and Exchange Ticket bearing No.0984935119566 dated 20.08.2017. The OPs confirmed ticket for the travel of complainant his travel from Delhi to Amritsar on 21.08.2017, vide flight No.AI 114 with time of departure 1215 Hrs and time of arrival 1315 Hrs. Accordingly, the complainant informed his family members in India to receive him at Amritsar Airport on 21.08.2017 as per the rescheduled timing at around 01:30 PM.
2. That on 20.08.2017, complainant came to Birmingham Airport to board the flight and when he reached the counter of OPs, put up at the airport, the staff present there told him that his luggage is overweight by 2 Kgs and accordingly, he paid the charges of overweight and then the staff present there issued the boarding pass to complainant with seat No.33F. Complainant boarded the flight and arrived at New Delhi. As he had to board the same flight for his further journey to Amritsar. He did not alight from the Aeroplane. After about half an hour, the staff of the OPs No.1 and 2 came and told him to vacate the seat and to get down as his travel booking is confirmed upto New Delhi only and they have already allotted seat No.33F to some other passenger. Complainant pleaded with them that he has to join the duties during the office hours and he has confirmed booking upto Amritsar in the same flight. But they did not allow complainant to board the flight. However, they admitted that the fault lies with them, but yet they will not allow complainant to board the flight and also his luggage has been offloaded at New Delhi. The complainant made several attempts to approach the senior officers of the OPs No.1 and 2 for redressal of his grievances, but failed to find anyone who can help him to get out of the trouble. Resultantly, the flight was missed and the complainant was forced to wait at New Delhi Airport without any support from the OPs. The complainant was meted with utmost contempt and he was denied refreshment at the airport. Even, the family members who have come to Amritsar Airport to receive him in a Taxi were forced to wait outside the Airport. Thereafter, the complainant was allowed to board the flight at 1715 Hrs and he arrived at Amritsar at 1820 Hrs. and also failed to join the duties on 21.08.2017. The complainant joined the duty later on. The complainant was very disappointed with the act and conduct of the attending flight staff and the ground staff of Air India, who refused to assists him. The complainant was issued confirmed air ticket and even then he was not allowed to board the flight No.AI 114, it is a deficiency in service and unfair trade practice on the part of the OPs and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the damages for mental agony, tension and harassment suffered by the complainant to the tune of Rs.15,00,000/- and price of the ticket from Birmingham to New Delhi to Amritsar Rs.70,000/- and expenses paid for taxi from Jalandhar to Amritsar and to Jalandhar Rs.10,000/- and litigation expenses of Rs.50,000/-, in total Rs.16,30,000/-.
3. Notice of the complaint was given to the OPs and accordingly, OPs No.1 and 2 appeared through its counsel and filed a joint written reply, whereby contested by the complaint by taking preliminary objections that the present complaint is liable to be dismissed out rightly because the complaint is totally vague, imaginary, hypothetical and ambiguous. Therefore, the same is liable to be dismissed with heavy costs. It is further averred that the complainant is stopped by his own act, conducts, admission and omissions from filing the present complaint, hence the complaint is liable to be dismissed and further averred that no cause of action accrued to the complainant for filing the present complaint and even the present complaint is not maintainable under the law. It is further averred that the complainant dragged the OPs No.1 and 2 into unnecessary, uncalled and unwarranted litigation. It is pertinent to mention here that complainant was aware that he is travelling from Birmingham Airport to Delhi Airport, the boarding pass issued at Birmingham Airport conveys that complainant boarding pass was of Birmingham to Delhi, vide seat No.33F boarding pass No.96 and it is also pertinent to mention here that OPs No.1 and 2 conveyed the complainant to travel from Delhi airport to Amritsar airport in its very next domestic flight. The complainant on Birmingham airport was very well conveyed about his travelling schedule of which complainant was agreed to land from international flight and then go to Amritsar on domestic flight. But due to complainant’s own engagements, he refused to check into the domestic flight offered by OPs No.1 and 2. It is pertinent to mention that Air India has issued him coupons regarding travelling from Delhi to Amritsar Airport, the scheduled flight offered by Air India in which the complainant refused to check in because of his pre engagements best known to him, then complainant rescheduled his flight by using the coupons given by Air India i.e. OPs No.1 and 2. So, the complaint is liable to be dismissed. It is further averred that the complaint is false, frivolous. On merits, it is admitted that the complainant purchased the airline tickets and travelled from Birmingham to Delhi, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
4. Notice of the complaint to OP No.3 was dispensed with as nothing was claimed by the complaint from OP No.3.
5. Replication to the written statement of OPs No.1 and 2 not filed.
6. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 to Ex.C-8 and then closed the evidence.
7. But when the case was fixed for evidence of the OPs with cost, neither the OP nor its counsel appeared and ultimately, OPs No.1 and 2 were proceeded against exparte, vide order dated 24.04.2019.
8. We have heard the argument from learned counsel for the complainant and also gone through the case file very minutely.
9. From the scrutiny of the documents, it reveals that the complainant purchased a ticket for travelling from Birmingham to Delhi, vide Flight No.AI 114 on 20.08.2017 and arrival at Delhi on 21.08.2017 and there-from travelled by airline AI 16 to Amritsar and these facts have been mentioned in a ticket Ex.C-3. After that the complainant purchased exchange ticket bearing No.0984935119566, copy of the same is available on the file Ex.C-2, wherein the travelling of the complainant from Birmingham to Delhi and Delhi to Amritsar is on the same flight i.e. AI 114, but as admitted by OP No.1 and 2 in its written reply that the complainant was allowed to fly from Delhi to Amritsar by domestic flight, but it is nowhere mentioned in the exchange ticket that the complainant will travel by domestic airline from Delhi to Amritsar rather in the said exchange ticket Ex.C-2, it is categorically described that the flight of the complainant will remain same i.e. AI 114 from Birmingham to Delhi and Delhi to Amritsar, but despite having a ticket with the complainant, the staff of the OP did not allow to complainant to board in the said flight in which he has right to travel on the basis of confirmed ticket and this act and conduct of the OPs No.1 and 2 is tantamount to deficiency in service as well as unfair trade practice for which the OPs No.1 and 2 are liable to compensate the complainant for causing mental tension and harassment.
10. In view of the above detailed discussion, we find that the complaint of the complainant exparte partly accepted and OPs No.1 and 2 are directed to pay a lump-sum compensation including litigation expenses as well as taxi fare as claimed by the complainant, to the tune of Rs.2,00,000/-. The said amount is ordered to be paid within 30 days from the date of receipt of the copy of the order, failing which the complainant will further entitled for interest upon the aforesaid amount @ 12% per annum from the date of filing complaint i.e. 29.11.2017, till realization. This complaint could not be decided within stipulated time frame due to rush of work.
11. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
10.12.2019 Member President
