Chandigarh

DF-I

CC/665/2019

Ashok Kumar Gautam - Complainant(s)

Versus

Air India Ltd. - Opp.Party(s)

Gaurav Bhardwaj

21 Oct 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                                     

Consumer Complaint No.	:	CC/665/2019
Date of Institution	:	02/07/2019
Date of Decision	:	21/10/2019

 

Ashok Kumar Gautam resident of House No.3110, Sector 35-D, Chandigarh.

… Complainant

V E R S U S

1. Air India Limited, SCO No.162 & 164, Sector 34-A, Chandigarh 160034 through its Station Manager.

2^nd Address :-

Air India Limited, Registered Office, Airlines House, 113, Gurudwara Rakabganj Road, New Delhi-110001 through its Managing Director.

2. Fly 2 Globe, SCO No.10-11-12, Sector 17-D, Chandigarh through its Proprietor, Mr. Vivek Utreja.
3. Make my Trip India Private Limited, DLF Building No.5, Tower-B, DLF Cyber City, DLF Phase 2, Sector 25, Gurugram, Haryana – 122002, India through its Managing Director/Authorised Signatory.

… Opposite Parties

 

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                                                    

ARGUED BY	:	Sh. Gaurav Bhardwaj, Counsel for complainant
	:	Sh. Mandeep Singh Chauhan, Counsel for OP-1 alongwith Sh. Mam Raj Jindal, Station Manager.
	:	OP-2 ex-parte
	:	Sh. Nitin Bhasin, Counsel for OP-3

 

Per Rattan Singh Thakur, President

1.         The long and short of the allegations, as set out in the consumer complaint, are through the medium of OP-2 via OP-3, complainant had booked to and fro flight tickets from Chandigarh to Pune and back for 14.2.2019 and return on 20.2.2019.  Total amount of Rs.23,600/- was paid inclusive of facilitation service booking charges in cash to OP-2.  The grievance of the complainant is he was to commence his journey on 14.2.2019 and the scheduled departure of the Air India flight (AI 464) from Chandigarh airport to New Delhi was 12:50 hours.  He reached the airport about two hours in advance.  After the usual security checks, he obtained the boarding pass and started waiting for the opening of the boarding gate, but, when nothing happened till 12:00 noon, the cause was enquired and it was told, flight would take off at 14:00 hrs. However, the boarding time was again extended and the flight finally took off at 3:30 p.m. and the journey was undertaken under a lot of stress in view of the fact, the connecting flight (AI 849) from New Delhi to Pune was scheduled for 4:10 p.m.  His case is, when he landed at New Delhi Airport at 4:35 p.m., the connecting flight had already taken off. He had to make strenuous efforts to take off his baggage which took another hour and was adjusted in another flight (AI 853). The departure of the said flight was scheduled for 19:00 hrs. and it had to reach Pune at 21:00 hrs.  Accordingly the boarding pass with boarding time of 18:15 was issued. However, again the said flight was delayed by one hour 50 minutes.  It took off at 8:50 p.m. and reached Pune at 11:00 p.m. The complainant had made the arrangements as per his arrival on time i.e. to say 6-7 p.m. on the said day, but, since the flight landed at 11:00 p.m., he was left in lurch.  He had to hire a taxi at exorbitant rate and had to pick another hotel as the booking of the complainant was at some other place where the tournament was to be played.  The misery of the complainant did not end here.  His further case is, he took up return journey on 20.2.2019. The flight landed at New Delhi airport at 10:15 hrs. instead of 9:45 hours and he had to rush to the counter, but, his return flight (AI 463) from New Delhi to Chandigarh scheduled for 1115 hours had been cancelled and he was asked to approach counter No.1 for further enquiry. Even the boarding pass of the said flight from New Delhi to Chandigarh was issued from Pune. The complainant had to hire a taxi and made the payment to reach destination at Chandigarh. The misery of the complainant did not end even here.  He applied for refund of the fare from New Delhi to Chandigarh Sector through email dated 28.2.2019 and despite various communiqués sent, the amount was not refunded. In nutshell, the case of the complainant is, he had to face a lot of mental and physical harassment due to sudden change of flight timings and cancellation of flight for the New Delhi-Chandigarh sector besides the economic loss of hiring taxi at odd hours at Pune. Hence, the present consumer complaint for directing the OPs to return the air fare for the New Delhi- Chandigarh sector alongwith interest; compensation and litigation expenses. 
2.         OPs 1 & 3 contested the consumer complaint and filed their separate written replies.         OP-1 in its written reply claimed, complainant was duly compensated for the cancellation of the flight on 20.2.2019 by OP-1 and the amount was transferred by OP-1 from where it was received i.e. OP-3 and which was ultimately to be refunded by OP-3 or OP-2.  It is claimed, there was no deficiency in service on its part.  However, the facts with regard to the flight having been delayed from Chandigarh to New Delhi, New Delhi to Pune, adjustment of the complainant in another flight, arrival of the complainant at Pune at odd hours at around 11:00 p.m. and cancellation of the flight from New Delhi to Chandigarh are not disputed. The claim for refund was processed through OP-3.  On these lines, the cause is sought to be defended.
3.         OP-3 filed its separate written reply and thereby claimed, delay in flight was on the part of OP-1 for which OP-3 is not accountable.  OP-3 was simply a facilitator. The amount was received through OP-2. It was so said in the subsequent affidavit and reply furnished though in the first reply furnished it was claimed the amount was refunded to the complainant on 20.5.2019.
4.         OP-2 did not contest the consumer complaint as notice sent to it by registered post was not received served or unserved and vide order dated 14.8.2019 it was proceeded ex-parte.
5.         Separate rejoinders were filed and averments made in the consumer complaint were reiterated.
6.         Parties led evidence by way of affidavits and documents.
7.         We have heard the learned counsel for the parties and gone through the record of the case. After scanning of record, our findings are as under:-
8.         The admitted facts and the crux of the pleadings is, the flights from Chandigarh to New Delhi and then Pune for 14.2.2019 and thereafter on 20.2.2019 from Pune to New Delhi as well as the connecting flight from New Delhi to Chandigarh were booked on receipt of payment of Rs.23,600/-. The claim of OP-1 is, with regard to the delay in the schedule of flight from Chandigarh to New Delhi the same was attempted to have been conveyed to the complainant on his registered mobile number, but, he did not pick up the same for which now OP-1 is not responsible.  True it is, in routine due to some unavoidable reasons there is delay in flights, but, the same needed to be conveyed to the customer timely from whom the amount was charged. From the very inception itself i.e. Chandigarh the flight was delayed which was to take off for New Delhi.  If the mobile phone was not picked up by the complainant, a message could have been sent, but the same was not done.  Moreover, there are no reasons as to why a customer would not pick the phone. The impact of the delayed flight from Chandigarh itself is, the next flight booked from New Delhi to Pune had already taken off, as a result of which, complainant had to suffer for the delay and he was adjusted in another flight which reached Pune at 11:00 p.m.  This delay had definitely caused harassment and inconvenience to the complainant as it was at odd hour and the arrangements were made of 6 – 7 p.m. on 14.2.2019.  It has not been detailed in the reply for this delay what comfort levels were provided by OP-1 to the complainant in the form of taxi from airport at Pune, dinner etc.  The entire plan of the complainant was disturbed.  This can be taken note of at the first sight. The inconvenience of the complainant did not end here.  The flight from Pune to New Delhi was also delayed by a few hours, which is okay.  However, the connecting flight from New Delhi to Chandigarh was cancelled and it is not the case of the OPs, any other arrangement in the form of taxi etc. was made by them.  Ultimately the complainant had to hire a taxi from New Delhi to reach destination at Chandigarh.
9.         A perusal of the pleadings of the parties and the documents annexed shows, the scheduled departure of Air India flight (AI 464) from Chandigarh was 12:50 hours and its arrival at New Delhi was 13:55 hrs. and departure from New Delhi was 16:10 hrs and arrival at Pune at 18:10 hrs. Accordingly, the complainant had made the arrangement of his stay at Pune which was abruptly changed for no fault of his.
10.         The other admitted facts are, for the scheduled flights from Chandigarh to New Delhi, New Delhi to Pune and for the return journey, the Air India offices at Chandigarh as well as Pune airports had issued the boarding passes, inclusive of the connecting flights.  If there was any possibility of delay, the boarding passes ought not to have been issued and it was abrupt change in the schedule of the flight as well as its cancellation which has definitely caused a lot of inconvenience to a person who had already planned his visit for departure and arrival of the flight accordingly.  Thus, this mental and physical harassment is writ large.
11.         We may refer here, as per pleadings, the complainant on 28.2.2019 had applied for the refund and according to OP-1, it had already processed it and transferred to OP-3 and the stand of OP-3 is it had refunded the amount to the complainant and the subsequent affidavit was furnished that it had refunded the amount to the depositor i.e. OP-2. 
12.         Per record i.e. affidavit and rejoinder put in, the said amount of Rs.1,879/- has not yet reached to the account of the complainant.  It is the own admitted case of OP-3, the said refund was processed on 20.5.2019.  It again shows OPs 2 & 3 had acted in a perfunctory manner as the flight was cancelled on 20.2.2019 and thereafter immediately refund was applied for and even if their version is believed, they processed it on 20.5.2019 i.e. to say after 3 months.  Again, they have not been quick in refunding the amount of the flight which was cancelled. The cumulative effect of the aforesaid discussion and the record is, the amount of Rs.1,879/- is still not refunded to the complainant and there has been collective deficiency in service on the part of OPs 1 to 3 though the acts of deficiency in service regarding delay/cancellation of flight confined to OP-1 and non refund of the amount confined to OPs 2 & 3.  Complainant relied on case titled as Spicejet Ltd. Vs. Ranju Aery, 2017 (1) CPJ 546  (NC) and the relevant portion thereof is reproduced below :-

“Cancellation of flight – Alternative arrangements not provided – Complaint filed before Dist. Forum alleging deficiency in service – Complaint allowed – Appeal filed before State Commission dismissed – Hence, present revision – OP have not explained anywhere whether they were any genuine reasons for the cancellation of the flight – OP have also not explained anywhere whether they took any concrete steps to take care of the passengers of their cancelled flight – deficiency in service on part of the OP proved – Therefore, they are liable to compensate the complainant on this score.”

 

In the aforecited case, the Hon’ble National Commission upheld the award of Rs.1.25 lakhs.  However, in the said case the consumer had to travel alongwith her family while in the present case complainant was all alone.  We have taken into consideration the precedent in the present case while awarding the compensation. 

13.         In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. OP-2 to refund the air fare for the New Delhi to Chandigarh sector i.e. Rs.1,879/- to the complainant alongwith interest @ 9% per annum w.e.f. date of journey i.e. 20.2.2019 till realization.
2. OP-1 to pay an amount of Rs.20,000/- globally to the complainant as compensation for causing mental agony and harassment to him inclusive of taxi, hotel, food charges at Pune and further taxi charges and food from Delhi to Chandigarh on return journey;
3. OP-3 to pay Rs.5,000/- to the complainant for not promptly processing the refund claim of the complainant.
4. OP-1 to pay Rs.10,000/- to the complainant as costs of litigation.

14.         This order be complied with by the respective OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) to (iii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iv) above.
15.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
21/10/2019	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	President