Order No.  9  dt.  17/04/2017

       The case of the complainant in brief is that the complainant purchased air ticket and the date of journey was fixed on 12.7.15 from Kolkata to Delhi Airport. On reaching Kolkata Airport on the date of journey and the complainant requested the boarding pass officer for issuance of boarding pass but boarding pass officer wrote on the ticket that the said ticket has been over booked and revalidated for future journey or refund. The complainant being a legal practitioner had the scheduled programme in Barmer, Rajasthan and he had also booking at hotel accommodation at Barmer and since the complainant could not avail of the flight for which the complainant suffered business loss as well as financial loss for which the complainant filed this case praying for compensation of Rs.7 lakhs and business loss of Rs.8 lakhs and mental agony of Rs.3 lakhs and litigation cost of Rs.1 lakhs and value of ticket of Rs.6533/- totaling an amount of Rs.19,06,533/-. The complainant informed the o.p. no.1 demanding the said compensation but no action was taken for which the complainant filed this case praying for those reliefs.

            The o.p. nos.1 to 5 contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant was booked to travel from Kolkata to Delhi by AI 023 on 12.7.15. On that day the passengers reported for check in to the said flight from Kolkata to Delhi were accepted on 1^st come 1^st serve basis upto the maximum number of seats to the aircraft. Other three passengers had confirmed booking but could not be accommodated. All these passengers were apprised that the said flight was full to the maximum capacity and they would be accommodated by AI 763 on the following day. The other two passengers who were denied boarding passengers were rebooked in AI 763 on 13.7.15. But the complainant refused to take accommodation therein. As such, his ticket was revalidated for full refund by Dy. Manager at Kolkata Airport. The over booking is recognized international practice and the passengers who could not be accommodated in the scheduled flight are provided the same facilities like (1) full refund (2) alternate booking by 1^st available flight (3) hotel accommodation (4) ground transportation, etc and as per the provision of Civil Aviation Requirement (CAR) the complainant was offered the financial compensation for an amount of Rs.4000/- for denied boarding along with full amount of air fare. Since the complainant failed to avail of that flight made by o.ps. and the compensation sought for by the complainant is an exorbitant one beyond the scope of CAR, therefore o.ps. prayed for dismissal of the case.

            In spite of receipt of notice the o.p. no.6 did not contest the case by filing w/v and as such, the case has proceeded ex parte against the o.p. no.6.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant booked one ticket for his journey from Kolkata to Delhi.
2. Whether the complainant was denied the boarding pass.
3. Whether the complainant was provided with the next available flight as per the provision of CAR.
4. Whether there was any deficiency in service on the part of o.ps.
5. 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 has an advocate and in order attend a hearing at Bermer, Rajasthan by availing of a flight from Kolkata to Delhi and the date was fixed for journey on 12.7.15, on that date the complainant reached Kolkata Airport within scheduled time, but he was not provided with the boarding pass and the boarding pass officer wrote on the ticket that the said ticket has been over booked and revalidated for future journey nor refund. Because of such deficiency in service on the part of o.ps. the complainant suffered professional loss and accordingly ld. lawyer prayed for allowing the prayer of the complainant.

            Ld. lawyer for the o.ps. argued that the complainant in order to show that he had any professional loss to that effect he failed to file any documentary evidence regarding his total income in the said financial year by showing the document viz. income tax return. The complainant could not file the said document. Ld. lawyer also emphasized that as per CAR the complainant was provided with the option for acceptance of full refund, alternate booking by 1^st flight and compensation. But the complainant did not accept the said offer by o.ps. and filed this case with the expectation that more compensation can be available from this Forum.

            Considering the submissions of the respective parties it is an admitted fact that the complainant booked one ticket for journey on 12.7.15. The complainant arrived at the airport within the scheduled time but due to over booking of tickets, the complainant could not be provided with the boarding pass. As per Civil Aviation Requirement, Sec 3 the complainant was provided with the option for availing the 1^st available flight and he was also offered if he does not avail of the said flight he could have got the full refund and compensation of Rs.4000/- as per the provision laid down in CAR. The complainant in order to show that he had any professional loss he failed to produce any documentary evidence and also he failed to prove the income tax of the said financial year by producing the documentary evidence viz. income tax return for the assessment year 2016-2017. In view of the said fact since the o.ps. offered the refund of the ticket as well as compensation, therefore we hold that there was no deficiency in service on the part of o.ps. and as per the rules over booking is permissible and there was no deficiency in service on the part of o.ps. particularly when from the facts and circumstances of the case other two passengers accepted the said offer made by o.ps. but the complainant in order to have the more compensation from this Forum filed this case deliberately without having any cogent reason whatsoever against the o.ps., as such, the complainant will be entitld to get the refund of the air ticket fare as well as compensation of Rs.4000/- as per the provision of Civil Aviation Requirement. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.54 of 2016 is allowed on contest with cost against the o.p. nos.1 to 5 and dismissed ex parte without cost against the o.p. no.6.  the o.p. nos.1 to 5 are jointly and/or severally directed to refund the air ticket fare of Rs.6533/- (Rupees six thousand five hundred thirty three) only to the complainant along with compensation of Rs.4000/- (Rupees four thousand) 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 @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.          

            Supply certified copy of this order to the parties free of cost.