Chandigarh

DF-II

CC/101/2018

Ms. Neha Sabharwal - Complainant(s)

Versus

Air India - Opp.Party(s)

Sunil Kumar Adv. & B.S. Bali Adv.

16 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	101/2018
Date of Institution	:	15.02.2018
Date of Decision	:	16.04.2019

 

                                       

                                               

Smt.Neha Sabharwal w/o Sh.Vishal Bangarh aged about 32 years r/o H.No.111, Type-5, Behl Township, R.C. Puram, Hyderabad, Telangana through her authorized representative Sh.Sat Paul Bangarh r/o Sh.Jai Chand r/o H.No.69, Urban Estate, Phagwara, District Kapurthala, Punjab.

                                ...  Complainant.

Versus

AIR India through its Chief Regional Manager at SCO No.162-164, Ground Floor,  Dakshin Marg, Sector 34-A, Chandigarh -160022.

…. Opposite Party.

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by:

              Sh.Sunil Kumar, Adv. for the complainant.

                Sh.Navpreet Singh, Adv. for the OP.

 

PER RAJAN DEWAN, PRESIDENT

1.         Smt.Neha Sabharwal has filed this complaint through her Special Power of Attorney holder Sh.Sat Paul Bangarh.   The facts of the case are that the complainant booked two air tickets on 12.10.2017 under booking ID ZCOQD bearing No.0982122633065 and 0982122633066 from Delhi to Chandigarh for 14.10.2017 in her name and her husband namely Sh.Vishal Bangarh (Annexures C-2 and C-3).  It has further been averred that on 14.10.2017 when she arrived at the Air Port at New Delhi and enquired about the flight of Chandigarh from the counter then she came to know that the tickets were cancelled by the OP without her request.  It has further been averred that no intimation was given prior to cancellation of the air tickets and the same were cancelled unilaterally without any reason, which caused great mental and harassment. She sent an e-mail dated 17.10.2017 for refunding the price of the air-tickets. It has further been averred that the OP had refunded a sum of Rs.8,719/- out of Rs.22,688/- and wrongly deducted the remaining amount without any fault on her part.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.         In its written statement, the Opposite Party has pleaded that the complainant got booked two tickets for herself and for her husband Sh.Vishal Bangarh for 14.10.2017 for Delhi-Chandigarh Sector from Hyderabad and one of the tickets was got cancelled on request of the complainant’s husband at Delhi who called the Customer Care Executive to cancel the ticket on the ground that the flight of the complainant and her husband from Hyderabad to Delhi Sector was booked on other Airlines.  But the complainant has not disclosed the details of the other flight for Hyderabad-Delhi Sector for the reasons best known to her.  It has further been pleaded that when the complainant reached at Delhi Airport on the counter of the Air India Airlines, the departure gates were closed as the plane was to departure within 10-15 minutes and there was no time left for the complainant and her husband to board it because of closing of the boarding gates for Air India flight to Chandigarh and therefore, both duos could not make to the flight for Chandigarh Sector in the Air India Airlines.  The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.         The complainant filed rejoinder to the written reply of the Opposite Party controverting its stand and reiterating the averments made in the complaint.       
4.         We have heard the learned counsel for the parties and have gone through the documents on record.
5.         After giving our thoughtful consideration to the submissions raised by the Counsel for the parties and the evidence on record, we are of the considered opinion, that the complaint is liable to be accepted, for the reasons to be recorded hereinafter. It is an admitted fact that the complainant booked two air tickets on 12.10.2017 under booking ID ZCOQD bearing No.0982122633065 and 0982122633066 from Delhi to Chandigarh for 14.10.2017 in her name and her husband namely Sh.Vishal Bangarh(Annexures C-2 and C-3).   It is also not disputed that both the tickets were cancelled by the OP and a sum of Rs.8,719/- was refunded to the complainant out of Rs.22,688/- on account of cancellation of the air tickets.   The plea of the OP is that one of the tickets was got cancelled on request of the complainant’s husband at the Customer Care Executive, Delhi on the ground that the flight of the complainant and her husband from Hyderabad to Delhi Sector was booked on other Airlines.  However, the OP has failed to produce on record any reliable evidence with regard to the alleged call of the complainant’s husband at the Customer Care Executive, Delhi for cancellation of the air ticket.  Besides this, it has been specifically stated in the rejoinder to the written statement of the OP that the flight from Hyderabad to Delhi departed from Hyderabad at 6:30 P.M. and arrived at new Delhi at 8:50 P.M. whereas the flight for New Delhi to Chandigarh was to depart at 11:10 P.M. meaning thereby that the complainant and her husband reached at New Delhi Airport at about 8:50 p.m. and as such they had sufficient time to catch the flight for Chandigarh  which was to depart at about 11:10 P.M. In this view of the matter, there is no reason for the complainant’s husband to get cancel the ticket by giving a call to Customer Care Executive, Delhi as alleged by the OP. Thus, the complainant is held entitled to the refund of the remaining price of the air tickets deducted by the OP on account of cancellation of the air tickets.
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed.
   1. To refund the remaining price of the air tickets i.e. Rs.13,969/- to the complainant. 
   2. To pay Rs.2,500/- as compensation for the mental agony and harassment suffered by the complainant.
   3. To pay Rs.3,000/- as costs of litigation.

This order be complied with by the OP, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @ 9% per annum from the date of this order till its actual payment besides litigation costs.

7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

16/04/2019

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER