Chandigarh

StateCommission

A/159/2019

Rajbirinder Singh Chahal - Complainant(s)

Versus

Air India - Opp.Party(s)

Col. (Retd.) Mohan Singh Ghuman Adv.

05 Nov 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	159 of 2019
Date of Institution	30.07.2019
Date of Decision	05.11.2019

Rajbirinder Singh Chahal, Aged 58 years r/o H.No.50, Sector 10-A, Chandigarh.

                                        …..Appellant/Complainant.

                                Versus

Air India through The General Manager, AIR India, Chandigarh, SCO No.162-174, Sector 34-A, Chandigarh.       

                                        ....Respondent/Complainant.

 

BEFORE:             JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                             MRS. PADMA PANDEY, MEMBER

                             MR.RAJESH K. ARYA, MEMBER

 

Argued by:

 

Col. (Retd.) Mohan Singh Ghuman, Advocate for the appellant.

Respondent already exparte vide order dated 17.10.2019.

 

PER PADMA PANDEY, MEMBER

            This appeal is directed against the order dated 03.06.2019, rendered by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short ‘the Forum’ only), vide which, it allowed Consumer Complaint bearing No.551 of 2018, which reads thus :-

“9.     In view of the foregoing discussion, the complaint is allowed with a direction to the OP to pay a lump sum compensation of Rs.7,000/- to the complainant within 30  days from the date of receipt of its certified copy failing which they shall be liable to pay interest @9% per annum on the awarded amount from the date of this order till it is paid.”

2.             The Forum noted down the following facts narrated by the complainant :-

 “1. The case of the complainant, in brief, is that he travelled from New Delhi to London during June, 2018 and returned by OP’s Flight No.A1 112 on 27.06.2018. On his return journey, he decided to upgrade his travel status from Economy Class to Business Class and for that purpose he put his request on the website portal of the OP and also paid a sum of Rs.39,569/- through debit card. On reaching  Heathrow Airport, London he was informed by the OP that his status could not be upgraded due to non-availability of the seat in the business class and, therefore, he was issued boarding pass to travel in Economy Class.  It has been averred that it was incumbent upon the OP to refund Rs.39,569/- charged for upgradation of the seat. It has further been averred that as per the terms and conditions of the OP stipulated under the heading, ‘steps to get an upgrade’, “The OP  will notify to the complainant via e-mail about upgrade status within 1 to 4 days before the flight departure and if not upgraded then upgrade price will be refunded  to the complainant within 5 days after the flight departure”.  It has further been averred that the amount of Rs.39,569/- has not been refunded to him despite his repeated requests and service of legal notice dated 23.08.2018. 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.”

3.             The Forum noted down the following facts narrated by the Opposite Party:-

“2.  In its written statement, the OP while admitting the factual matrix of the case has pleaded that the complainant logged directly to the website of Option Town Company at London for the up-gradation of the air ticket while he was in London and the Option Town Company is a software company which is working for international airlines abroad and in India as well and for the OP but not directly related to it, provided services for up-gradation of seats from economy class to executive class to the prospect customers being its one part.  It has further been pleaded that the Option Town Company released the upheld money to the OP and they vide transaction ID No.290HWXRH2018062 refunded the amount of Rs.39,569/- back in the account of the complainant. 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.”

4.             The parties led evidence, in support of his case.

5.             After hearing the Counsel for the parties and, on going through the evidence, and record of the case, the Forum, allowed the complaint, as stated above.

6.             Feeling aggrieved, the instant appeal, has been filed by the appellant/complainant.

7.             None appeared on behalf of the respondent, despite service. Hence, it was proceeded against exparte vide order dated 17.10.2019.

8.             We have heard Counsel for the appellant/complainant and have gone through the evidence and record of the case, carefully.

9.             Counsel for the appellant/complainant has submitted that while allowing the complaint, the Forum granted adequate compensation and prayed for enhancement of the same.

10.           After going through the evidence and record of the case, we are of the considered opinion, that the appeal is liable to be dismissed for the reasons to be recorded, hereinafter.

11.           The core question that falls for consideration before us is as to whether the Forum has rightly granted compensation while passing the impugned order. The answer, to this, question is in the affirmative.  It is not in dispute that the Opposite Party charged an amount of Rs.39,569/- on account of upgradation of the air ticket from economy class to business class but the same was rejected on account of non-availability of the seat in the business class and despite repeated requests by the complainant, the said amount of Rs.39,569/- has not been refunded to him. It is also not in dispute that the said amount was refunded to the complainant after receipt of the legal notice dated 23.08.2019. No doubt, the Opposite Party was at fault, for which, the Forum while passing the impugned order granted compensation of Rs.7,000/- to the complainant, which in our view is not very meagre because the purpose of the act is not to enrich the consumer when adequate compensation has already been awarded by the Forum to such a consumer for deficiency in service and indulgence into unfair trade practice. So, it is clearly proved that the Forum has rightly passed the impugned order and granted the adequate relief. 

12.           For the reasons recorded above, we are of the opinion that the order passed by the Forum, being based on the correct appreciation of evidence and law, on the point, does not suffer from any illegality or perversity. Hence, the appeal, being devoid of merit, must fail, and the same stands dismissed, with no order as to costs. The order of the Forum is upheld.

13.           Certified Copies of this order be sent to the parties, free of charge.

14.           The file be consigned to Record Room, after completion.

Pronounced.

November 5^th,     2019.                             

                                                (RAJ SHEKHAR ATTRI)

                                                                PRESIDENT

 

 

                                                        (PADMA PANDEY)

        MEMBER

 

                                                        (RAJESH K. ARYA)

                                                                MEMBER