Order No. 13 dt. 28/06/2019
The case of the complainants in brief is that the complainants had booked their tour packages for Amarnath Yatra from o.p. no.2 for the periods of 4 days and 3 nights and accordingly paid a sum of Rs.1,15,754/-. The said tour was scheduled to start from Delhi on 16.7.17 and accordingly, the complainants booked their flight from o.p. no.1 on 11.6.17 for the flight no.AI 021 dt.16.7.17. The complainants paid a sum of Rs.14,840/- as air fare for their scheduled journey from Kolkata to Delhi, but the said flight was delayed due to operational defect for which the complainants reached at Delhi delayed from their expected arrival time. Due to the said delay the complainants could not avail the connecting flight for Srinagar. The complainants, thereafter, requested the o.p. no.1 at their office in Delhi for making necessary arrangement, but they only advised for accepting the flight delay certificate. Due to the said incident the complainants failed to reach the destination of Amarnath Yatra. On the basis of the said fact the complainants filed this case praying for direction upon the o.ps. for refund of the amount of Rs.14,840/- as well as compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. In their w/v the o.p. no.1 stated that the schedule time of departure of the flight no.AI 021 on16.7.17 was at 10-00 hours from Kolkata to Delhi Airport, but the estimated time of departure of the said flight was fixed at 10-10 hours due to late arrival of incoming aircraft. Due to such late arrival the flight in which the complainants travelled got delayed for reaching at Delhi Airport of 21 minutes which was beyond the control of o.p. no.1. As per article 3.1 of the general condition of carriage for passengers and baggage of Air India the ticket constitutes the prima facie evidence of contract of carriage between carrier and the passenger mentioned on the ticket. The complainants availed the journey by the said flight which arrived at Indira Gandhi International Airport on 16.7.17 and no further liability arises for the carrier upon termination of the journey on 16.7.17 at the said airport at Delhi. The o.p. no.1 is in no way concerned with tour package of the complainants for Amarnath Yatra. Since the complainants availed the journey from Kolkata to Delhi the question of refund of ticket fare by them for the said sector does not arise at all. As per civil aviation requirements the operating airline would not have the obligation to pay compensation in cases where the cancellation and delay have been caused by en event of force majure i.e. extraordinary circumstances beyond the control of the airline, the impact of which lead to the cancellation / delay of alight and which could not have been avoided even if all reasonable measures had been taken by the airline. In view of the said fact o.p. no.1 prayed for dismissal of the case.
In their w/v the o.p. no.2 stated that the complainants made allegations against the o.p. Air India and does not in any way involve or relates to proforma o.p. and no cause of action arose against them. In view of the said fact o.p. no.2 prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainants availed the flight of o.p. no.1 for their journey to Kolkata to Delhi?
- Whether the said flight got delayed due to operational reason?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainants 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 complainants argued that the complainants had booked their tour packages for Amarnath Yatra from o.p. no.2 for the periods of 4 days and 3 nights and accordingly paid a sum of Rs.1,15,754/-. The said tour was scheduled to start from Delhi on 16.7.17 and accordingly, the complainants booked their flight from o.p. no.1 on 11.6.17 for the flight no.AI 021 dt.16.7.17. The complainants paid a sum of Rs.14,840/- as air fare for their scheduled journey from Kolkata to Delhi, but the said flight was delayed due to operational defect for which the complainants reached at Delhi delayed from their expected arrival time. Due to the said delay the complainants could not avail the connecting flight for Srinagar. The complainants, thereafter, requested the o.p. no.1 at their office in Delhi for making necessary arrangement, but they only advised for accepting the flight delay certificate. Due to the said incident the complainants failed to reach the destination of Amarnath Yatra. On the basis of the said fact the complainants filed this case praying for direction upon the o.ps. for refund of the amount of Rs.14,840/- as well as compensation and litigation cost.
Ld. lawyer for the o.p. no.1 argued that the schedule time of departure of the flight no.AI 021 on16.7.17 was at 10-00 hours from Kolkata to Delhi Airport, but the estimated time of departure of the said flight was fixed at 10-10 hours due to late arrival of incoming aircraft. Due to such late arrival the flight in which the complainants travelled got delayed for reaching at Delhi Airport of 21 minutes which was beyond the control of o.p. no.1. As per article 3.1 of the general condition of carriage for passengers and baggage of Air India the ticket constitutes the prima facie evidence of contract of carriage between carrier and the passenger mentioned on the ticket. The complainants availed the journey by the said flight which arrived at Indira Gandhi International Airport on 16.7.17 and no further liability arises for the carrier upon termination of the journey on 16.7.17 at the said airport at Delhi. The o.p. no.1 is in no way concerned with tour package of the complainants for Amarnath Yatra. Since the complainants availed the journey from Kolkata to Delhi the question of refund of ticket fare by them for the said sector does not arise at all. As per civil aviation requirements the operating airline would not have the obligation to pay compensation in cases where the cancellation and delay have been caused by en event of force majeure i.e. extraordinary circumstances beyond the control of the airline, the impact of which lead to the cancellation / delay of alight and which could not have been avoided even if all reasonable measures had been taken by the airline. In view of the said fact o.p. no.1 prayed for dismissal of the case.
Ld. lawyer for the o.p. no.2 argued that the complainants made allegations against the o.p. Air India and does not in any way involve or relates to proforma o.p. and no cause of action arose against them. In view of the said fact o.p. no.2 prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainants availed the flight no.IA 021 dt.16.7.17 for their journey from Kolkata to Delhi. The complainants have also filed the certificate issued by o.p. no.1 that the flight delayed due to operational reason. The o.p. no.1 categorically stated that due to delay in arrival of the flight at Kolkata Airport the flight could not fly as per the scheduled time and the flight reached at Delhi in 21 minutes late. The complainants have stated that they wanted to avail their journey for Amarnath Yatra and they had the pre scheduled programme that they would avail the connecting flight from Delhi to Srinagar Airport. But due to late arrival of the flat from Kolkata to Delhi they could not avail of the said flight. The complainants had already paid the amount to o.p. It appears from the materials on record that o.p. no.2 had the contract with the complainants for taking their responsibility after arrival at Srinagar and from there they would make arrangement for the tour of Amarnath Yatra. Therefore, it can safely be said that o.p. no.2 cannot be held responsible for not performing Amarnath Yatra by the complainants. So far as the journey from Kolkata to Delhi is concerned since there was delay of 21 minutes and the schedule departure time was 10-00 hours and due to operational reason the flight got delayed and it was departed at 10-10 hours, but schedule time of arrival of the flight at Delhi at 12-10 hours and if 21 minutes is added i.e. the flight reached Delhi at 12-31 hours. But the departure time of the flight from Delhi to Srinagar is found in the ticket is mentioned at 13-50 hours. Whenever the complainants were checked in respect of their journey from Kolkata to Delhi, therefore they could easily have availed the flight of 13-50 hours which has not been clarified as to why the complainants failed to avail the said flight. Since the complainants failed to clarify the said point and whenever the complainants had sufficient time in their hands to avail the flight for Delhi to Srinagar, therefore, the question of due to delay in arrival of the flight at Delhi Airport did not create any impediment in respect of availing journey from Delhi to Srinagar. The complainants have suppressed something and in order to have the price of the tickets falsely made allegations against o.p. no.1 and demanded the refund of the amount for which we hold that because of some operational problem such delay was committed for which the complainants had taken this advantage and has falsely claimed the fare from o.p. no.1. Accordingly, we hold that the complainants have failed to prove by placing substantive evidence that they suffered loss for which o.p. no.1 can be liable for such loss and as such, we hold that there is no deficiency in service on the part of o.ps. and the complainants will not be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.227/2018 is dismissed on contest without cost against the o.ps.
