Chandigarh

DF-I

CC/224/2020

Kamla Rani - Complainant(s)

Versus

Air India - Opp.Party(s)

Atul Goyal & Arjun Kundra

24 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/224/2020
Date of Institution	:	20/07/2020
Date of Decision	:	24/08/2021

    

     Kamla Rani aged about 61 years Wife of Sh.Ashok Kumar, R/o H.No.2690, Sector 22-C, Chandigarh-160022.

 

… Complainant

V E R S U S

     Air India having its Regional Office at SCO 162-164, Sector 34-A, Chandigarh-160034.

… Opposite Party

 

CORAM :	RAJAN DEWAN	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                               

ARGUED BY	:	Sh.Atul Goyal, Counsel for complainant
	:	Opposite Party ex-parte.

 

Per Suresh Kumar Sardana, Member

1.      In brief, the Complainant booked a ticket with the Opposite Party on 16.07.2018 after paying a sum of Rs.91,085/-. It has been alleged that after reaching the airport, inspite of having a valid ticket, Opposite Party refused to issue the boarding pass to the complainant and it was only after repeated requests, the Opposite Party decided to issue the fresh ticket for the next day on charging an additional amount of Rs.17,377/-. After the visit, alleging that the aforesaid acts of the Opposite Party in charging an additional amount of Rs.17,377/-tantamount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs. Hence, this complaint.
2.     Notice of the complaint was sent to Opposite Party seeking their version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 15.07.2021.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
5.     Significantly, Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in their defense against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
6.     Per annexure C-2, there is no dispute about the fact that the complainant booked a ticket with the Opposite Party namely, “Air India” after paying a sum of Rs.91,085/- on 16.07.2018.
7.     We are of the concerted view that the Opposite Party failed to issue the boarding pass inspite of complainant having a valid ticket & Visa and rather an amount of Rs.17,377/- was charged additionally by the Opposite Party for issue of a fresh ticket for next day from the complainant, without there being any valid explanation/justification.
8.     It is thus established beyond all reasonable doubts that the complaint of the complainant is genuine. The harassment suffered by the complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have not charged additional amount from the complainant, and propelled this unwarranted, uncalled litigation upon the complainant. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Party is directed as under :-

1. To refund ₹17,377/-to the complainant;
2. to pay an amount of ₹5000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹5000/- to the complainant as costs of litigation.

10.     This order be complied with by the Opposite Party within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

24/08/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rajan Dewan]
Ls	Member	Member	President