Haryana

Karnal

CC/625/2019

Dr. Paramjit Singh Minhas - Complainant(s)

Versus

Air India Sansand Bhawan - Opp.Party(s)

Shakunta Dagar

12 Jan 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  COMMISSION, KARNAL.

Complaint No. 625 of 2019

Date of instt.12.09.2019

                                                  Date of Decision  12.01.2021

 

 

Dr.Paramjit Singh Minhas son of Shri Chanan Singh resident of House no.906, Sector-6, Urban Estate, Karnal.

 

                                                 …….Complainant.

                                              Versus

 

Air India Sansand Bhawan, 113, Airlines House, Gurudwara Rakabganj Road, New Delhi-110001 through its authorized representative.

                                                                        …..Opposite Party.

 

       Complaint u/s 12 of the Consumer Protection Act, 1986.      

 

Before    Sh. Jaswant Singh……President.      

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary…….Member

 

 Present: Ms. Shakuntla Dagar Advocate for complainant.

               Shri Chandbir Mandhan Advocate for opposite party.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986 on the averments that complainant is a law abiding senior citizen retired as Director, ICAR-National Institute of Abiotic Stress Management, Baramati, Pune in 2016 and is now settled in Karnal. He planned a recreational tour with his wife Arvinder Kaur, daughter Harveen Janjua and granddaughter Mehar Kaur Janjua (4 years old) to Signapore from March 14 to 20, 2019, so online Air India Flight tickets were purchased through Axis Holidays, Ground floor, SCO 331, Mughal Canal, Karnal. Complainant got confirmed tickets (PNR: Z7D8W) for the flight AI-382 which was to depart at 13:15 hrs on 14^th March, 2019 from Terminal-3, Indira Gandhi Inter-National Airport (IGIA), New Delhi. The complainant had booked a cruise from 15^th March, 2019 to 17^th March, 2019 i.e. Genting Dream Cruise to visit Bintan Island for two nights for through My Travel Journey Dot. Com, Mugal Canal, Karnal, for on-line payment of Rs.79,539/- and the check in time for the cruise four was 19.30 hrs. on 15^th March, 2019. The complainant has also booked a Hotel room for all four of them in Hotel Chancellor Orchard, 28, Cavenagh Road, Singapore-229635 for 14^th March, 2019 night to 15^th March, 2019 for Rs.11,340/- that too through Axis Holidays, Ground floor, SCO 331, Mughal Canal, Karnal. On 13^th March, 2019 an official of OP informed about the cancellation of this flight AI-382 departing at13:15 hrs on 14^th March, and offered the complainant had his family to go via IA-380 departing at 23:30 hrs on 14^th March, 2019. The complainant and his family accepted this offer because they still could reach Singapore in time to Check-in for the Cruise tour starting at 19:30 hrs on 15^th March, 2019. Thus, confirmed tickets for this flight IA-380 departing at 23:00 hrs were re-issued to the complainant and his family. When the complainant and his family reached the check-in courter of opposite party (hereinafter referred as to OP) at Terminal-3, IGIA-Delhi at about 20:00 hrs on 14^th March, 2019 they were asked to wait and lateron denied boarding passes telling that the flight was over-booked. The complainant and his family told the officials of the OP present over there about their emergency regarding next day’s booking for Cruise Trip. The complainant and his family kept on pleading AI officials for making arrangement for them in any other alternative flight, so that they could be in Singapore before Cruise’s check-in time of 19:30 hrs on 15^th March otherwise whole of their-trip would be spoiled and they would have to suffer monetary-loss, of Rs.79,539/- for the Cruise Trip as well as loss of Rs.11,340/- for the booked Hotel Room. Inspite of many requests, the complainant and his family members were issued boarding passes for AI-382 flight departing at 22:30 hrs on 15^th March, 2019. Thereafter, the complainant and his family was put in a very dirty accommodation in Lohia Hotel in Mahipalpur which is a two star Hotel for 14^th March night and day of 15^th March, 2019 against the norms. The family of the complainant could not sleep throughout night due to dirt and foul smell in the room. Ultimately, the complainant and his family reached Singapore, at 7.40 hrs on 16^th March, 2019. In this process, the complainant and his family had to miss their Cruise tour due to which they suffer physically, mentally and monetary loss of Rs.79,539/- plus Rs.11,340/- for the Hotel room-booking in Singapore for 14^th March night. It is material to point out here that “as per the rules of Air India, if boarding is denied despite arriving in time of the passengers then “An amount equal to 400% of booked one way basic fare plus airlines fuel charges, subject to maximum of Rs.20,000/-, in case airline arranges alternate flight that is scheduled to depart more than 24 hours of the booked scheduled departure.” Immediately, after return from Singapore the complainant mailed his complaint for compensation of Rs.90,539/- for losses suffered by him due to mismanagement of OP officials at Air India Customer Care at their email address. Thereafter, the complainant kept on signing reminders dated 11^th April, 2019, 6^th May, 2019, 4^th June, 2019, 7^th June, 2019, 12^th June, 2019, 17^th July, 2019, through emails and the OP kept on sending the same reply vide emails dated 16^th April, 7^th May, 12^th June, 18^th July, 2019 saying that your complaint is under process and they will be in touch shortly. But thereafter, the OP is not responding the complainant’s emails even. In this way there was deficiency in service on the part of the OP. Due to this act and conduct of OP, complainant suffered mental pain and agony, harassment as well as financial loss. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to OP, who appeared and filed written version raising preliminary objections with regard to jurisdiction: cause of action and mis-joinder and non-joinder of necessary parties. On merits, it is submitted that rescheduling of the flight had to be done because of denial of air space by Pakistan who had indulged in uncalled for hostilities against India and denied air space to OP Air India, thus rescheduling of the flights had to be done, which was beyond the control and power of the OP. Due to ongoing Air Space closure Air India Flights including Flight no.AI 383/383/DEL-SIN-DEL were cancelled till 30.04.2019. Circular no.DSL/INC/141/18-19/AV dated 14^th March 2019 was issued by OP Air India in that behalf. Neither any deficiency in service nor any damage has been caused to complainant on any account whatsoever. It is further submitted that mere booking of cruise and hotel room does not ipso facto who that the complainant did not avail of services booked for which no proof that complainant did not avail of the services has been filed on record. It is further submitted that complainant has concocted false and fabricated story with ulterior and dishonest malafide motives. Wrong information has falsely been given by the complainant. It is further submitted that complainant has himself clearly and categorically admitted that an official of OP duly informed complainant about the cancellation of flight AI382 departing at 13.15 hrs on 14.03.2019 and offered the complainant and his family to go via IA 380 departing at 23.00 hrs, on 14.03.2019. It is wrong and denied that the complainant actually spent the amounts of Rs.79,539/- and Rs.11,340/- without availing of services of hotels & cruise which he must have fully used and utilized because he has not filed on record any other hotel booking and/or cruise trip as maliciously and mischievously fabricated, for which no proof has at all been submitted and or tendered that the complainant did not avail of the booked service or had to stay put in another hotel or cruise, which falsifies and demolishes entire story cooked by the complainant as false and misleading. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A, affidavit of Prit Kanwal proprietor for Axis Holidays Ex.CW2/A, copy of complaint for compensation sent to Air India through email dated 25.03.2019 Ex.C1, Terms and conditions of Air India Ex.C2, copy of Air India ticket (confirmed) dated 14.03.2019 Ex.C3, Air India tickets for fight A1-380 on 14.03.2019 Ex.C4, Air India boarding passes AI-382 of 15.03.2019 Ex. C5 to Ex.C8, complimentary Sentosatun pass 10 token of Hotel Chancellor Orchard Singapore Ex.C9, Accommodation Invoice of Hotel Chancellor Orchard Ex.C10, Dream Cruise booking from 15.03.2019 to 17.03.2019 Ex.C11, receipt of payment for cruise booking Ex.C12, copy of reply dated 18.07.2019 to complainant’s email Ex.C13, emails dated 12.06.2019, 07.06.2019, 04.06.2019 sent by complainant to Air India Ex.C14, reply dated 07.05.2019 by OP Ex.C15 and reply dated 29.03.2019 by OP Ex.C16 and closed the evidence on 08.01.2020.

4.             On the other hand, OP tendered into evidence affidavit of Kiran Bhandari Ex.OPW1/A, Delegations of power Ex.OP1 and circular no. Circular no.DSL/INC/141/18-19/AV dated 14^th March 2019 Ex.OP2.

5.             OP placed on file written arguments on 08.01.2021.

6.             We have heard the learned counsel of both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             The case of the complainant in brief, is that, the complainant alongwith his family planned a recreational tour to Singapore from 14^th March to 20^th March 2019. Complainant purchased Air India Flight tickets through Axis Holidays, Karnal of Rs.99,204/-. Complainant also  booked cruise from 15.03.2019 to 17.03.2019 to visit Bintan Islan for two nights through My Travel Journey Dot Com, Mugal Canal, Karnal for Rs.79,539/- as well as hotel room for all of them in Hotel Chancellor Orchard, Singapore room 14.03.2019 to 15.03.2019 for Rs.11,340/-. On 13.03.2019 an information for cancellation of flight has been received and offered to go via IA-380 departing at 23.00 hrs on 14.03.2019 by OP.

8.             Further, complainant alongwith his family reached IGIA Delhi, on 14.03.2019 and they were denied boarding passes by OP saying that the flight was over booked. The complainant requested AI officials for making arrangements for them in any other alternative flights, so that they could be in Singapore before cruise’s check-in-time on 15.03.2019, otherwise, aim of their trip would be spoiled. Despite several requests, OP did not bother to the request of complainant. Complainant alongwith his family reached Singapore on 16.03.2019, and till then they missed their cruise tour due to which they suffered a lot and very purpose of their tour has been spoiled.

9.             Per-contra, the case of the OP in brief, is that due to ongoing Air Space closure, because of political instability between India and Pakistan, Air India Flights were cancelled till 30.04.2019. Rescheduling of flights had to be done, which was beyond the control of OP. Complainant is not at all entitled to anything on account of the fact that there had not been any deficiency or negligence on the part of the OP. The complainant has not placed any documents stating this stay at Singapore or that he allegedly missed his so called cruise. Best possible facilities, accommodation and cooperation were provided to the complainant by the staff of OP. There has absolutely been no deficiency in service on the part of the OP. Learned counsel for OP submitted that this Commission has no jurisdiction to try and entertain the present complaint. He also placed reliance on Sonic Surgical Versus National Insurance Co.Ltd-IV (2009) CPJ 40 (SC) and Bilaspur Casting Factory Versus M.P. Electricity board, 1996 (1) CJ 198: 1996 (1) CPR 471.

10.           Admittedly, complainant alongwith his family had planned for Singapore tour and purchased air tickets of Air India Airlines and paid Rs.99,204/- to the OP through Axis Holidays, Karnal. It is also admitted that departure of the complainant alongwith his family was of 14.03.2019. It is also admitted that the said flight was got cancelled.

11.           The OP offered to the complainant to go to via IA-380 departing at 23:00 hrs on 14.03.2019. When the complainant alongwith his family reached at terminal-3 Delhi Airport on 14.03.2019, the OP denied boarding passes saying that flight was over booked. The complainant also booked Cruise Trip and hotel room at Singapore. The check-in-time of Cruise was 19:30 hrs on 15.03.2019 and complainant reached at Singapore at 07:40 hrs on 16.03.2019. Till that time, cruise had gone. The dream of the complainant and his family for the trip has been spoiled.

12.           Further, on the assurance of the OP, the complainant alongwith his family reached at terminal-3, IGIA, Delhi on 14.03.2019, but OP did not allow them to board on flight, if the OP would have allowed the complainant and his family to board the flight on 14.03.2019, then they might have reached at Singapore in time i.e. before check-in-time of Cruise trip and could enjoy their tour. On 13.03.2019, the flight of the complainant and his family was cancelled, is justified because it was out of the control of the OP due to closure of air base by the Pakistan but it was the duty of the OP to get every possible arrangements on 14.03.2019 for the complainant and his family to reach at Singapore in time before check-in-time of cruise but, OP failed to do so.

13.           Further, OP has taken the plea that this Commission has  no jurisdiction to entertain and try the present complaint. In this regard, the complainant purchased the tickets from OP through online mode at Karnal, payment was also made at Karnal. So cause of action partly arose at Karnal, hence, this Commission has jurisdiction to try and entertain the present complaint, hence, plea taken by OP has no force. The case laws relied upon by learned counsel of OP are not applicable to the facts of the present complaint.

14.           Further, the OP has also taken the plea that the complainant has not placed on record any documents with regard to booking of cruise-trip as well as hotel rooms at Singapore. In this regard, complainant placed on record complementary Sentosa Fun Pass 10 Token (Ex.C9), accommodation invoice of hotel (Ex.C10), Dream Cruise booking from 15.03.2019 to 17.03.2019 (Ex.C11) and receipt of payment for cruise booking (Ex.C12), which proved that the complainant had booked cruise as well as hotel rooms at Singapore and also paid Rs.90,879/-(Rs.79,539/- for cruise and Rs.11,340/-for hotel rooms). The OP has not rebutted the said bills by leading any cogent evidence, and thus the abovementioned bills have gone unchallenged and unrebutted and there is no reason to disbelieve the same. Hence, the plea taken by OP has no force. Thus, in the above discussion, the act of the OP amounts to deficiency in service.

15.           In view of the abovesaid discussion, we allow the present complaint and direct the OP to pay Rs.90,879/- ( Rs.79,539/- cruise +Rs.11,340/-room ) to the complainant alongwith interest @ 9% per annum from 15.03.2019 from deposition  till its realization. We further direct the OP to pay Rs.20,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.11,000/- for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:12.01.2021

                                                                       

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

 

(Vineet Kaushik)             (Dr. Rekha Chaudhary)

                     Member                         Member