Order No. 15 dt. 08/08/2018
The case of the complainant in brief is that the complainant availed the air services from o.p. no.1. In order to travel from Kolkata to Chandigarh to attend his friend’s engagement ceremony on 02/03/2017 he booked his ticket on 27/12/2016 from Kolkata to New Delhi and New Delhi to Chandigarh at a price of Rs.7,134/- including return ticket. On 02/03/2017 a flight was scheduled to take off at around 7-00 hrs., but due to reasons best known to o.ps. the flight got delayed and took off at around 9-30 hrs. causing of delay of around 2.30 hrs. and before its arrival, the said connecting flight from New Delhi to Chandigarh had already departed at around 11-00 hrs. The complainant had contacted the office of o.p. no.1, but none attended to resolve the issue till 1-00 hrs. The complainant thereafter was assured by o.ps. that he will be provided with an accommodation by providing a seat in any other flight, but no help was rendered, for which the complainant suffered. Subsequently, the complainant whenever found that he was not being provided with any assistance by o.ps. he booked one railway ticket from New Delhi to Chandigarh by Kalka – Shatabdi Express. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for refund of the ticket amount as well as compensation and litigation cost.
The o.ps. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the flight no. AI 763 was scheduled to depart from Kolkata Airport at 7-00 hrs. The said flight was pushed back at taxied out at 6-58 hrs. However, the said aircraft returned to bay at 7-50 hrs. due to certain drop in the visibility i.e. weather visibility was dropped to 50 mtrs. It was further stated that due to certain visibility in Kolkata Airport AI 765 from Mumbai to Kolkata had to be diverted to Bhubaneswar. Another flight of Air India from Delhi to Kolkata could not land at Kolkata Airport and returned to Delhi. Passengers of AI 763 of 02/03/2017 were kept on board and not deplaned as aircraft waited for weather to improve. Food services were provided to the passengers on ground inside the aircraft. The complainant missed the connecting flight from Delhi due to late arrival of connecting flight AI 763 which arrived at 11-55 hrs. The scheduled time of arrival was 9-10 hrs. The complainant could not seek for any accommodation in the next available flight from Delhi to Chandigarh which was on the next date i.e. on 03/03/2017. In fact one passenger had travelled by Air India flight to Chandigarh on the next date and other passengers made their own arrangements. The complainant was offered the refund of the air fare for un-flown Delhi to Chandigarh flight which amounts to Rs.1,006/-. But the complainant did not accept the said offer and filed this case making allegations against the o.ps. since as per the terms of the contract for not availing the flight by the complainant, the complainant will be entitled to get the fare of the flight from Delhi to Chandigarh which was offered to the complainant and o.ps. are agreeable to pay the said amount. On the basis of the said fact o.ps. prayed for passing necessary order.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the complainant purchased the air ticket for availing the service of o.ps?
- Whether the complainant failed to avail the connecting flight from Delhi to Chandigarh?
- Whether there was any deficiency in service on the part of the o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant availed the air services from o.p. no.1. In order to travel from Kolkata to Chandigarh to attend his friend’s engagement ceremony on 02/03/2017 he booked his ticket on 27/12/2016 from Kolkata to New Delhi and New Delhi to Chandigarh at a price of Rs.7,134/- including return ticket. On 02/03/2017 a flight was scheduled to take off at around 7-00 hrs., but due to reasons best known to o.ps. the flight got delayed and took off at around 9-30 hrs. causing of delay of around 2.30 hrs. and before its arrival, the said connecting flight from New Delhi to Chandigarh had already departed at around 11-00 hrs. The complainant had contacted the office of o.p. no.1, but none attended to resolve the issue till 1-00 hrs. The complainant thereafter was assured by o.ps. that he will be provided with an accommodation by providing a seat in any other flight, but no help was rendered, for which the complainant suffered. Subsequently, the complainant whenever found that he was not being provided with any assistance by o.ps. he booked one railway ticket from New Delhi to Chandigarh by Kalka – Shatabdi Express. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for refund of the ticket amount as well as compensation and litigation cost.
Ld. Lawyer for the o.p.s argued that the flight no. AI 763 was scheduled to depart from Kolkata Airport at 7-00 hrs. The said flight was pushed back at taxied out at 6-58 hrs. However, the said aircraft returned to bay at 7-50 hrs. due to certain drop in the visibility i.e. weather visibility was dropped to 50 mtrs. It was further stated that due to certain visibility in Kolkata Airport AI 765 from Mumbai to Kolkata had to be diverted to Bhubaneswar. Another flight of Air India from Delhi to Kolkata could not land at Kolkata Airport and returned to Delhi. Passengers of AI 763 of 02/03/2017 were kept on board and not deplaned as aircraft waited for weather to improve. Food services were provided to the passengers on ground inside the aircraft. The complainant missed the connecting flight from Delhi due to late arrival of connecting flight AI 763 which arrived at 11-55 hrs. The scheduled time of arrival was 9-10 hrs. The complainant could not seek for any accommodation in the next available flight from Delhi to Chandigarh which was on the next date i.e. on 03/03/2017. In fact one passenger had travelled by Air India flight to Chandigarh on the next date and other passengers made their own arrangements. The complainant was offered the refund of the air fare for un-flown Delhi to Chandigarh flight which amounts to Rs.1,006/-. But the complainant did not accept the said offer and filed this case making allegations against the o.ps. since as per the terms of the contract for not availing the flight by the complainant, the complainant will be entitled to get the fare of the flight from Delhi to Chandigarh which was offered to the complainant and o.ps. are agreeable to pay the said amount. On the basis of the said fact o.ps. prayed for passing necessary order.
Considering the submissions of the respective parties it is an admitted fact that the complainant for visiting Chandigarh via Delhi purchased one air ticket from o.ps. and the scheduled date of journey was 02/03/2017.On that day due to bad weather there was poor visibility at the runway and the flight could not take off. It is also found from the materials on record that the passengers were inside the said flight and after improvement of the weather the flight started to fly and due to such delay because of the weather condition the flight reached Delhi Airport after 2 hrs. from the scheduled arrival time. It is found from the materials on record which has been admitted by o.ps. that the connecting flight from Delhi to Chandigarh had already left the Delhi Airport, because of such fact that the complainant could not avail the said flight and it was also brought to the notice of o.ps., but o.ps. asked the complainant to avail the next flight which was scheduled on 03/03/2017 in the morning, but one of the amongst twelve passengers who failed to avail the said connecting flight only availed the flight on the next date and other passengers made their own arrangements. The complainant also made his own arrangement and availed the train from New Delhi and proceeded to Chandigarh. The o.ps. also stated that the complainant was offered the un-flown flight fare, but the complainant refused to accept the same. Since there was risk in flying the flight weather visibility was poor and for that purpose the flight could not run and o.ps. had no hand in it since the weather was not congenial for flying, therefore, such delay was committed. Therefore, we hold that the complainant will be entitled to get refund of the amount of the un-flown air fare of Delhi to Chandigarh sector only, since the complainant also had to avail the train service afterwards, he will be entitled to get compensation and litigation cost.
Thus all the points are disposed of accordingly.
Hence, ordered,
That the case no.174/17 is allowed on contest with cost against the o.ps. The ops. are jointly and/or severally directed to refund the said un-flown air fare to the tune of Rs.1,006/- (Rupees One Thousand and Six ) only to the complainant along with compensation of Rs.500/- (Rupees Five Hundred) only for harassment and mental agony and litigation cost of Rs. .500/- (Rupees Five Hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
