Chandigarh

DF-II

CC/422/2018

Jyotika Anand malhotra - Complainant(s)

Versus

Air India Ltd. - Opp.Party(s)

Adv. Viraj Gandhi , Adv. Chalana & Adv. Manveen Narang

10 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	422 of 2018
Date  of  Institution	:	31.07.2018
Date   of   Decision	:	10.09.2019

 

 

 

 

Jyotika Anand Malhotra, aged 45 years, wife of Sh.Vineet Anand Malhotra, resident of House No.62, Sector 2, Chandigarh.  

   

             ……..Complainant

 

Versus

 

 

1]  Air India Ltd., through its Chairman and Managing Director, through its Managing Director, Registered Office : Air India Limited, Airlines House, 113, Gurudwara Rakabganj Road, New Delhi 110001

 

2]  Executive Director, Air India, Head of Revenue Management and Marketing Automation, Airlines House, 113, Gurudwara Rakabganj Road, New Delhi 110001

 

3]  Air India through the Regional Manager, Air India, Branch Office at SCO 162-164, Sub. City Center, Sector 34-A, Chandigarh.

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued by :

Ms.Manveen Narang, Adv. for the complainant.

Sh.Navpreet Singh, Adv. for Opposite Parties.  

 

PER RAVINDER SINGH, MEMBER

 

         Briefly stated, the complainant, while she was in San Francisco, USA was informed by her family in India on 30.11.2017 that her father Dr.A.S.Anand, Former Chief Justice of India, is seriously ill and has been hospitalized in Noida, India.  As such, the complainant booked a ticket for her travel to India through air India on Flight AI 174 for 1.12.2017, Seat 18E (Economy) from San Francisco to India and return Flight AI 173 for 16.12.2017, Seat 18F (Economy) for Delhi to San Francisco and payment of USD 1424.46 was made (Ann.C-1). It is also averred that on reaching India, the complainant was shocked to learn that her father had passed away and cremation & other rituals took several days.  It is stated that due to such unforeseen circumstances, the complainant was constrained to re-schedule the date for her return flight from 16.12.2017 to 28.12.2017 in order to complete all the ritual and take care of other family arrangements. Accordingly, the OPs had reissued the ticket for the changed date and communicated vide email dated 16.12.2017 (Ann.C-2), with a mention that no additional fees or fare difference was charged from the complainant as it was waived off by the Opposite Parties on account of death of family member, in accordance with the prevailing rules (Ann.C-3).  The copy of death certificate of deceased father of complainant was also provided to Opposite Parties (Ann.C-4 colly.). 

 

         It is submitted that on 20.3.2018 i.e. after a period of about three months, the Opposite Party raised demand of US$324 from the complainant, which had been waived off at the time of issuance of date changed ticket.  The complainant paid the same, but surprised to receive another demand from the OPs on 29.6.2018, for US$250 as penalty for change in date of air India Flight ticket. The complainant made representation to the Opposite Parties but to no avail, so the complainant had to make payment of another amount of US$250 (Ann.C-11). It is stated that in a malafide and unethical manner, the Opposite Parties have recovered a total amount of US$574/-, which include US$ 324 as fare difference which was initially waived off and later on recovered and US$250 as penalty for change in date.   It is also stated that the complainant has suffered immense agony and mental harassment on account of illegal recoveries made from her, which constitute deficiency in service and unfair trade practice on the part of Opposite Parties, as the request for date change was for a valid and substantiated reasons on account of unfortunate demise of her father.  Hence, this complaint has been filed. 

 

2]       The Opposite Parties have filed reply and while admitting the factual matrix of the case, stated that the complainant for SFO – Delhi sector booked the ticket on net at about 21:59 Hrs on 30.11.2017 at San Francisco, America on Air India Flight No.AI-174 and took the very available flight on the very next day i.e. 1.12.2017, which departed at 10:30 AM and arrived at new Delhi at 16:15 hrs on 2.12.2017.  It is stated that for Delhi-SFO sector, dated 16.12.2017 on AI-173 Flight, which at the later stage, at the request of the complainant, was changed to 28.12.2017, for which the Opposite Party/Air India charged the difference of Airfare as on date of journey and also charged the Penalty for change of date of journey.  It is submitted that the documents so submitted by the complainant seeking waiver on account of death of her father, did not match the parameters, as the death of her father occurred first and thereafter the air-tickets were booked.  It is also submitted that as per death certificate (Ann.C-4), the father of complainant expired at Metro Hospital, Noida (UP) in the morning of 1.12.2017, thereafter the complainant had booked her air ticket on night of dated 30.11.2017 from San Francisco in America, which is app. 13 hrs. behind India/IST, therefore, hearing the demise news of her father, she booked the air ticket at about 21:59 hrs SFO time on net on the night of 30.11.2017, meaning thereby the complainant had planned and booked her air ticket after hearing the death of her father. It is also submitted that had the booking done earlier and thereafter the death occurred, then in that case the Opposite Party/Air India, as per the Air Lines Policy could have waived off the Death waiver penalty, however, there is no policy for waiver of the difference in the air-fare for changing the date, so the difference was charged for changing the date of journey.  The OPs have also  stated that the complainant was given special concession by way of upgradation of her Economy Class Air-Ticket to Executive/Business Class Air-Ticket during her journey from San Francisco, America to Delhi, India, as a goodwill gesture. Denying other allegations and pleading no deficiency in service, the Opposite Party No.1 has prayed for dismissal of the complaint.

 

3]       Rejoinder has been filed by the complainant reiterating the assertions as made in the complaint. 

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and perused the entire evidence on record.

 

6]       The complainant planned visit to India to attend to her father, who was reportedly seriously ill and she departed from San Francisco, USA on 1.12.2017 and landed at Delhi on 2.12.2017.  On arrival at Delhi, she found her father expired on 1.12.2017. The complainant anticipating all well with his father and family, planned to go back to San Francisco, USA on 16.12.2017, but later on, on death of her father, to attend last rights & rituals, ceremonies consequent thereto, she was compelled to post-pone her journey from 16.12.2017 to 28.12.2017. The complainant has paid US$1424.45 to the Opposite Parties at the time of booking of her flight from San Francisco, USA to Delhi & back, which is not a meager amount, rather much more than the normal air-fare for this distance flight of Air India.  The complainant has to pay much more as air-fare due to booking of flight at short notice due to her compelling family circumstances i.e. serious illness of her father Dr.A.S.Anand, Former Chief Justice of India.

 

7]       Dr.Adarsh Sein Anand, Former Chief Justice, High Court of Jammu & Kashmir, Former Chief Justice of Madras High court, remained Chief Justice of India from 10^th Oct., 1998 to 1^st Nov., 2001.  Dr.Adarsh Sein Anand (Dr.A.S.Anand), also remained Chairperson of National Human Rights Commission, New Delhi from 12.2.2003 to 13.10.2006. He was awarded Padma Vibhushan, highest civilian award in India, on 26.1.2008.  The death of Dr.Adarsh Sein Anand, was a great loss to the Country.  Keeping into consideration the outstanding contribution made by Dr.Adarsh Sein Anand, the Government of India conferred him with Padam Vibhushan Award, highest civilian award of India and the country bow before him.

 

8]       Our Prime Minister Sh.Narendra Modi also expressed his grief on passing away of Justice Dr.Adarsh Sein Anand, Former Chief Justice of India ;

“Saddened by the demise of Former Chief Justice of India, Justice A.S.Anand. My thoughts are with his family in this hour of grief. May his soul rest in peace.”

 

9]       However, the Air India officials showed a total indifferent, callous attitude towards the said incident of death of such a high legal luminary and Former Chief Justice of India and behaved with his daughter Jyotika Anand Malhotra/complainant very rudely, in a most unprofessional manner.  In one way, the Air India/OPs in their reply boast of giving her special treatment by way of offer of Executive/Business Chair in Aeroplane, but on the other end ask her to pay US$324 as fare difference and US$250 as penalty for change of flight, by misrepresenting the facts.  The offer of Executive Chair to the complainant does not absolve the Opposite Parties from their error in unauthorized collecting of amount on pretext of penalty on change of date and difference of air-fare. 

 

10]      The contentions raised by the Opposite Parties justifying the claim of US$574 (i.e. US$324 as air-fare difference and US$250 as penalty for change of date of flight), in their reply, are totally untenable, rather we may say unethical.  The Opposite Parties once accepted the request of the complainant and changed the return flight from 16.12.2017 to 28.12.2017 without any condition, the demand of any charges at later stage from her, is totally unreasonable & unjustified.  The Opposite Parties have suffered from gross deficiency in service as well as unfair trade practice on their part. 

 

11]      The objection raised by the Opposite Parties regarding territorial jurisdiction of this Forum at Chandigarh, is without merit.  The complainant while in Chandigarh at her residence took up the matter with Opposite Parties Online for change of date of her flight for return journey, which has been accepted by the Opposite Parties.  Hence, this Forum at Chandigarh has the territorial jurisdiction to try & adjudicate the present complaint. 

12]      Further the facts involved in the present complaint regarding recovery of any penal charges, are fully covered under the exemption clause under terms & conditions of Air India (Ann.C-3). 

13]      Keeping into consideration the facts & circumstances of the case, as discussed in preceding paragraphs, the deficiency in service as well as unfair trade practice on the part of OPs has been proved.  Therefore, the present complaint is allowed against Opposite Parties No.1 to 3 with following directions:-

a)  To refund US Dollars 574 to the complainant in her bank account/credit card account, through which she paid the money to Opposite Parties;

b)  To pay a compensation amount of Rs.50,000/- to the complainant for causing her immense mental pain, agony & physical harassment,

 

c)  To pay litigation cost of Rs.10,000/- to the complainant.

         The Opposite Parties No.1 to 3 shall comply with this order within 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay additional compensatory cost of Rs.25000/-, apart from above relief.

          Certified copy of this order be sent to the parties, as per rules.

Announced

10^th September, 2019                                                            

Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER