| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.9 of 10-01-2019 Decided on 18-09-2019 1.Mohd. Faiyaz Farooqui aged about 52 years S/o Mubarak Husain; 2.Abida Farooqui aged about 43 years W/o Mohd. Faiyaz Farooqui. Both are residents of C-3, Civil Lines, Bathinda-151001. ........Complainants Versus Air India, Delhi Airport Office, Office Address: Terminal-3, Indira Gandhi International Airport, New Delhi-110037, through its Director/M.D./Manager/Incharge. .......Opposite party Complaint under Section 12 of the Consumer Protection Act, 1986 QUORUM Sh.M.P Singh Pahwa, President. Smt.Manisha, Member. Present:- For the complainants: Sh.Naresh Garg, Advocate. For opposite party: Sh.G.S Khatra, Advocate. ORDER M.P Singh Pahwa, President The complainants Mohd. Faiyaz Farooqui and other (here-in-after referred to as complainants) have filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite party Air India, Delhi Airport Office (here-in-after referred to as opposite party). Briefly, the case of the complainants is that they booked their online tickets through agent for Air India AI543, L Class, Aircraft 788 from Hyderabad to Delhi for an amount of Rs.20,400/- vide PNR No.1G-R6GL00, invoice dated 18.12.2018 with opposite party for flight on 22.12.2018. The flight has to take departure from Hyderabad at 10.10 A.M. and its arrival time was 12.15 P.M. at Delhi. It is alleged that the complainants reached at Hyderabad Airport on time for AIR INDIA Flight on 22.12.2018 and collected the boarding pass at 9.40 A.M. After issuing the boarding passes, opposite party started making excuses and delayed flight about 11.40 A.M. The complainants further booked their tickets vide PNR No.1A-MUYJSN, invoice dated 18.12.2018 for an amount of Rs.16,290/- at Bathinda for Jet Airways9W639, T Class, Aircraft 73W from Delhi to Chandigarh on 22.12.2018. The flight has to take departure on 2.15 P.M. and its arrival time was 3.15 P.M. at Chandigarh where the car of the complainants was waiting for them for going to Ludhiana to attend marriage of son of their very close friend. The complainants before booking Jet-Airways tickets confirmed through phone from opposite party regarding their flight timing. Opposite party told that its flights always remain on time and if there is any delay, it will refund further connected flight ticket even the tickets booked by the consumer himself. On this assurance, the complainants booked further tickets from Delhi to Chandigarh with a gap of about 2 hours for taking the luggage and shifting on the same terminal from departure to arrival. It is further alleged that on 22.12.2018, opposite party delayed the flight at Hyderabad Airport. The complainants immediately lodged the complaint with the officers of opposite party and told them that they have to miss other flight as flight of opposite party did not reach Delhi on time. The officers at the spot assured that if the complainants have missed Jet-Airways Delhi to Chandigarh flight, they will compensate them. Finally, flight of opposite party reached on its destination at Delhi from Hyderabad with delay of 'One Hour Ten Minutes' i.e. 'reached 1:25 P.M. at Delhi. The authorities of opposite party issued delay certificate bearing FLT No.AI543 dated 22.12.2018. The flight reached at Delhi 1:25 P.M. It took further 20/25 minutes to get the luggage. The complainants rushed to other wing for domestic transfer where Jet-Airways counter was situated, but the moment when they reached at Jet-Airways counter, it was too late. They missed the flight due to cheap and worst services of opposite party. It is further alleged that due to delay of fight from Hyderabad to Delhi and negligence of opposite party, the complainants could not take their flight from Delhi to Chandigarh of Jet-Airways even after having their advance booking of e-tickets. They requested and ran away from pillar to post with the concerned officials of opposite party at Delhi Airport, but none of them paid any heed to their requests for wrong act. Due to this, they could not take their flight without any fault on their part. It is further alleged that the complainant No.2 is patient of anxiety. As such, the complainant No.1 hired the taxi from Charanjit Travels to come from Delhi to reach their destination. Under compelled circumstances, they paid Rs.14,776/-. The complainants faced the problem in journey by road due to fog, which caused danger to their life. They 2/3 times faced the danger of accident due to fog. They also lodged the complaints with opposite party vide e-mail regarding its wrong act and deficiency in services, but to no response. It is further revealed that opposite party replied vide e-mail dated 2.1.2019 vide which they have totally refused the legal claim of the complainants and claimed that its carrier responsibility is limited to the extent of carrying its passengers safely and comfortably to their tickets. Opposite party did not mention the exact reason in its reply for delay of flight. It shows malafide intention. It is further alleged that due to this irresponsible act and conduct of opposite party, the reputation of the complainants lowered down and they suffered from mental tension, agony, botheration, harassment and humiliation. For these sufferings, they have claimed compensation and expenditures borne by them to the tune of Rs.16,00,000/- from opposite party in addition to costs of litigation to the tune of Rs.2,00,000/- and refund of fair paid to opposite party, Jet Airways to the tune Rs.16,290/- and Charanjit Travels to the tune of Rs.14,776/-. It is also case of the complainants that the complainant No.1 number of times approached opposite party and requested it to refund money alongwith compensation, but to no effect. Hence, this complaint. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it vide order dated 20.2.2019. It is relevant to mention that later on opposite party appeared through its counsel and moved an application for setting-aside ex-parte proceedings. It was permitted to join proceedings from that stage, but without right to file written version and lead evidence. Complainants were asked to produce the evidence. In support of their claim, the complainants have tendered into evidence their affidavits dated 8.1.2019, (Ex.C1 and Ex.C2); photocopies of invoice, (Ex.C3 and Ex.C6); photocopies of tickets, (Ex.C4 and Ex.C5); photocopy of delay certificate, (Ex.C7); photocopy of bill, (Ex.C8); photocopies of e-mails, (Ex.C9 and Ex.C10) and submitted written arguments. Opposite party also submitted written arguments. We have heard learned counsel for parties and gone through the file as well as written arguments submitted by learned counsel for parties. Learned counsel for complainants has reiterated his stand as taken in the complaint and detailed above. It is further submitted by learned counsel for complainants that opposite party has not filed any written version. Therefore, the averments of the complainants are unrebutted and unchallenged. Moreover the complainants have also produced on record copy of e-ticket, (Ex.C3) and boarding passes, (Ex.C4 and Ex.C5). It proves that they were to travel from Hyderabad to Delhi. They were to reach at Delhi at 12:15 P.M. Ex.C6, is e-ticket of the complainants from Delhi to Chandigarh. The flight was to depart at 2:15 P.M and reach at Chandigarh at 3:15 P.M. Opposite party has also furnished delay certificate, (Ex.C7) wherein it is simply mentioned that due to late arrival of AI543 Hyderabad to Delhi, it reached at 1:25 P.M. In this delay certificate also, no reason justifying the delay is mentioned. Therefore, it is proved that the complainants travelled through opposite party and flight was delay without any justification. Ex.C8, is invoice, which proves that the complainants hired vehicle from Delhi to Chandigarh by spending Rs.14,776/-. Therefore, deficiency in service on the part of opposite party stands proved. Harassment suffered by the complainants due to delay in flight is proved. It is proved that the complainants were to hire taxi to come from Delhi to Chandigarh. Therefore, the complaint be accepted in terms of prayer relief. To support these submissions, learned counsel for complainants has relied upon following case law:- i) Spicejet Ltd. Vs. Ranju Aery, IV (2017) CPJ 1 (NC); ii) Jet Airways (India) Ltd. Vs. Vandana Jain & Ors., IV (2013) CPJ 369 (NC); iii) Indian Airlines Ltd. Vs. N.C Stephen & Ors, I (2009) CPJ 142(NC);
iv) Santosh Kumari & Anr. Vs. British Airways & Ors, IV (2008) CPJ 532; v) Tejas.P. Bhatt & Anr. Vs. Alitalia & Ors., II (2005) CPJ 77. On the other hand, learned counsel for opposite party has submitted in the written arguments that flight in question was delay for 1 hour and 10 minutes. The delay further explained is that it is 19 minutes delay due to late arrival of incoming aircraft (93L) and 1 minute delay due to enroute delay (81A). Incoming aircraft AI560 arrived at 9:30 hours instead of STA 9:10 hours. 50 minutes delay was due to loan connection. 16 passengers of flight AI516, BLRHYD were having onward connection on AI543, AI516 arrived only at 10:55 hours (STA 0915). It is also submitted by learned counsel for opposite party in written arguments that delay was not intentional and willful on the part of opposite party. The complainants have not booked flight from Hyderabad to Chandigarh by AIR India. There was no contract between parties to ensure catching of connecting flight of Jet-Airways from Delhi to Chandigarh. There is no deficiency in service on the part of opposite party. We have given careful consideration to these rival submissions carefully and gone through the case law cited by learned counsel for complainants. It is not disputed that the complainants booked the tickets for travelling through opposite party on 22.12.2018. Schedule flight was to take at 10:10 A.M and land Delhi at 12:15 P.M. Admittedly, flight was late by 1 hour and 10 minutes. The delay certificate was also issued to the complainants to confirm this fact, but no reason for this delay was mentioned in this certificate. There is no written version filed by opposite party. However, in written arguments, opposite party has revealed that delay was due to late arrival of incoming Aircraft and due to loan connection. 16 passengers were to take from another flight. There is no documentary evidence to justify this delay. Even otherwise, there is no reasonable and plausible explanation for this delay. The complainants have also produced on record copies of ticket to prove that they were to travel by another flight by Jet-Airways, which was to take off at 2:15 P.M and reached at Delhi at 3:15 P.M. It is case of the complainants that they have missed connecting flight due to late arrival of flight of opposite party. They were forced to travel by road. Ex.C8, is produced on record to prove that they travelled by road from Delhi to Chandigarh and paid Rs.14,776/- for private vehicle (Taxi). Therefore, there is ample evidence on record to prove that the complainants have suffered from inconvenience as well as financial loss and loss of time for travelling from Delhi to Chandigarh. This is only due to late arrival of flight of opposite party. For the reasons recorded above, the complaint is partly accepted with Rs.10,000/- as cost of litigation against opposite party. Opposite party is directed to pay Rs.1,50,000/- as compensation to the complainants. The compliance of this order be made within 45 days from the date of receipt of copy of this order. In case of non-compliance of the order within stipulated period, thereafter interest @ 9% per annum will yield on the amount payable to the complainants after the expiry period of stipulated period till realization. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record. Announced:- 18-09-2019 (M.P Singh Pahwa) President (Manisha) Member
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