Chandigarh

DF-I

CC/786/2017

Keshav Malhotra - Complainant(s)

Versus

Air India Ltd - Opp.Party(s)

In Person

19 Jul 2018

ORDER

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

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Consumer Complaint No.	:	CC/786/2017
Date of Institution	:	08/11/2017
Date of Decision	:	19/07/2018

 

Keshav Malhotra S/o Sh. R.K. Malhotra, R/o T1/2, Sector 25, Chandigarh.

....Complainant

V E R S U S

 

1.       Air India Limited, Airlines House, 113, Rakabgang Gurdwara Road, New Delhi 110001, through its Chairman and Managing Director, Air India Limited.

2.       Air India Limited, Chandigarh Office 162-164, Sec.34-A, Chandigarh, through Incharge Chandigarh Office, Air India Limited.

…… Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SH.SURESH KUMAR SARDANA	MEMBER

                                                               

ARGUED BY	:	None.
	:	Sh. Sunil K. Sahore, Counsel for Opposite Parties.

                       

PER SURESH KUMAR SARDANA, MEMBER

1.         Sh. Keshav Malhotra, Complainant has preferred this Consumer Complaint under Section 12 of the Consumer Protection Act, 1986, against Air India Limited and Another (hereinafter called the Opposite Parties), alleging that he had booked 03 air tickets of Air India for himself, his wife and his son from New Delhi to Bagdogra on 24.06.2017 and return journey from Bagdogra to New Delhi on 01.07.2017. It has been averred that to return from Delhi to Chandigarh, the Complainant had booked tickets of the Shatabdi Express for 7:15 P.M. It has been alleged that the Airplane (AI 880) in which the family of the Complainant had to return from Bagdogra to New Delhi departed late from Bagdogra at 4:15 P.M. instead of 1:50 P.M. and reached New Delhi only at 6:30 P.M. and luggage was handed over to the Complainant at 6:45 P.M., the Complainant could not make it in time to New Delhi Railway Station to board the above mentioned Train with his family. Left with no other option, the Complainant booked a Taxi from New Delhi to Chandigarh for Rs.3500/-. Eventually, a legal notice dated 31.07.2017 was served upon the Opposite Parties, but to no success. Hence, alleging the aforesaid act and conduct of the Opposite Parties as deficiency in service and indulgence into unfair trade practice, the Complainant has preferred the present Complaint.     
2.         Notice of the complaint was sent to Opposite Party seeking their version of the case.
3.         Opposite Parties filed their joint written statement, inter alia, admitting the basic facts of the case. It has been pleading that there was delay in the departure of flight from Bagdogra to Delhi on Flight No.AI880 on 01.07.2017 scheduled for departure at 1:50 P.M. due to technical snag. The Complainant was duly informed about the delay in the departure of the flight on his mobile through messages. After removal of the technical snag, the flight finally departed from Bagdogra at 4:15 P.M. and landed Delhi at 06:30 P.M. It has been asserted that since the answering Opposite Parties had informed the Complainant about the delay in departure of the Flight well in advance, Complainant cannot claim the compensation on this count as he could have made alternative arrangements for the connecting journey by other modes. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the entire evidence and heard the arguments addressed by the Learned Counsel for the Opposite Parties.
6.         It is an admitted fact that the flight of the Complainant was delayed by around 2 ½ hours due to which he had to miss his onward journey from Delhi to Chandigarh. The Complainant had to book a Taxi for Rs.3500/- to travel from New Delhi to Chandigarh. In support of this, the Complainant had placed on record a receipt from M/s Dhiman Travelz, which accounts for Annexure C-3.  In case the flight should have reached, as per original schedule, the Complainant should not have missed the train and no necessity should have arisen for booking a Taxi from Travel Agency. In the present set of circumstances, we are of the concerted view that the Complainant needs to be suitably compensated for the harassment meted to him at the hands of the Opposite Parties.
7.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed. The Opposite Parties are, jointly and severally, directed:-

[a]   To pay Rs.3500/- incurred by the Complainant towards booking of taxi from New Delhi to Chandigarh;

 

[b]   To pay Rs.3,000/- as compensation to the complainant for the unfair trade practice and harassment caused to him.

[c]   To also pay a sum of Rs.3,000/- to the complainant as litigation expenses. 

8.         The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @9% per annum on the amount mentioned in sub-para [a] and [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
9.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced                                    

19.07.2018

                                 Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER