Chandigarh

DF-II

CC/627/2018

Sh. Sanjay Jain - Complainant(s)

Versus

Air India - Opp.Party(s)

Mukesh Kumar Adv. & Raghav Pahwa Adv.

02 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	627 of 2018
Date  of  Institution	:	06.11.2018
Date   of   Decision	:	02.08.2019

 

 

 

 

 

Sanjay Jain son of Sh.D.K.Jain, Resident of House NO.1195, Sector 18-C, Chandigarh.  

          

             ……..Complainant

 

Versus

 

1]  Air India through its G.M/Station Manager, SCO 162-164, Sector 34-A, Chandigarh 160034

 

2]  Air India through its Chairman/Managing Director, Registered Office/Headquarter, Air India Ltd., Airlines House, 113, Gurudwara Rakabganj Road, New Delhi 110001

 

 

………. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.RAVINDER SINGH     MEMBER

 

 

For Complainant :  Sh.Mukesh Kumar, Adv. for complainant.

 

For OP(s)       :  Sh.Sunil K.Shore, Adv. for Opposite

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

                                Briefly, the case of the complainant is that he booked four air-tickets of OP Airlines from Leh to Chandigarh vide PNR No.JJSZC for travel on 8.5.2018 vide Ann.C-1, but when the complainant and his family members reached Airport well in time, got boarding passes and were waiting to board the plane, it was announced that the said Flight of Air India from Leh to Chandigarh has been cancelled due to bad weather at Leh.  It is averred that however the weather was clear at Leh and all other airlines, except OP, were operating their flights.  It is stated that when the complainant sought the information about the said cancelled flight from OPs under RTI Act, it was informed that the Flight of Air India was cancelled due to “Operational Reasons”. Ultimately, the complainant and his family members has to go back, booked fresh room for stay and travelled on the next day i.e. 9.5.2018 on fresh air tickets of Vistara Airlines from Leh to New Delhi for Rs.16,856/- and also had to hire Taxi from Delhi to Chandigarh for Rs.4000/-.  It is stated that the complainant and his family suffered a lot of harassment due to cancellation of flight without any valid reason.  It is also stated that the Opposite Parties did not refund the amount of ticket of the cancelled flight, till date.  A legal notice was also sent to the OPs, but to no avail.  Hence, this complaint.

 

2]       The OPs have filed reply and while admitting the factual matrix of the case, stated that there were three flights that had got cancelled on that day i.e. 8.5.2018 – Flight AI-446 IXL/DEL, Flight AI-457 and Flight AI-3450 and all these flight were cancelled due to bad weather over Leh.  It is submitted that the cancellation has been conveyed by Station Manager, Air India, Chandigarh that the flight was cancelled due to operational reasons & that does not amount to wrong information as cancellation due to bad weather falls under operational reasons whereas, cancelled due to bad weather becomes more specific.  It is further submitted that Flight cancelled due to bad weather falls under the category of beyond the control of the airline, in such cases the airline is not liable to pay any compensation, as per DGCA CAR Regulations (Ann.OP-1).  Denying other allegations and pleading no deficiency in service on their part, the Opposite Parties have prayed for dismissal of the complaint.

 

3]      Rejoinder has been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the Opposite Parties as made in their reply.

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

6]       Provenly the complainant booked Air India Flight  No.AI 547 for route from Leh to Chandigarh vide PNR No.JJSZC to travel on 8.5.2018 vide Ann.C-1, which got cancelled.  It is evident on record that the complainant was not informed in advance about the cancellation of said booked flight and was made aware only when they reached airport to board the booked flight from Leh to Chandigarh. 

 

7]       It is claimed by the complainant that the reason assigned by the OPs for cancellation of flight, as due to bad weather is wrong as there is no cogent evidence on record revealing about bad weather condition persisted in that area on that particular date.  As per record on file, the complainant has also sought information under Right to Information Act, 2005 to enquire about the reason of cancellation of flight on that particular date and vide email dated 25.10.2018 (Ann.C-14), he was informed that the flight was cancelled due to operational reasons.  Nowhere the OPs by any evidence have justified their decision to cancel the flight on that particular date and only averred in the written statement that due to bad weather, the flight was cancelled and claimed that this reason is covered under Operational Reasons and therefore, they are not liable to refund the ticket charges. 

 

8]       As per Circular No.23-15/2016-AED, dated 6.8.2010 (Ann.OP-1) issued by The Director General of Civil Aviation, New Delhi, the Opposite Parties are under bounded duty to inform about cancellation of flight beforehand and also are liable to make the refund of air ticket amount besides other compensation.  The OPs have not adhered to their own departmental instructions.

 

9]       We can well understand the difficulty undergone by the complainant and his family members due to the cancellation of the booked flight from Leh to Delhi for the alleged bad weather at Leh. Although the complainant under the compelled circumstances arranged for air-ticket for next day of other flight, but the Opposite Party NO.1 cannot be burdened with refund of the amount spent by the complainant on another flight to facilitate his journey. 

 

10]      Definitely, at the same time, we cannot ignore the liability of Opposite Party No.1 to reimburse the ticket(s) amount to the complainant, which remained unutilized as the complainant and his family members had to arrange for air-tickets of another flight of next day. It was the liability of Opposite Parties to refund the booking amount of the tickets as per their circular as mentioned above, which they apparently failed to refund. Therefore, on this account, the Opposite Parties are held liable for being deficient in rendering proper service towards the complainant. Also for thrusting present litigation on the complainant by not refunding the due amount as well for causing harassment on that account, the Opposite Parties liable to compensate the complainant by paying compensatory cost as well as litigation expenses besides their liability to refund the due air-fare.  

 

11]      For the proved deficiency in service on the part of Opposite Parties No.1 & 2, the present complaint is allowed against the Opposite Party No.1 & 2 with following directions:-

 

1. To refund the unutilized air ticket amount of Rs.29,332/- to the complainant;
2. To pay an amount of Rs.15,000/- as compensation for causing harassment & mental agony to the complainant;
3. To pay an amount of Rs.7,000/- towards litigation expenses.

 

         This order be complied with by the OPs within a period of 30 days from the date of receipt of its certified copy, failing which they shall be liable to pay additional compensatory cost of Rs.10,000/- apart from the above relief. 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

2^nd August, 2019                                                           Sd/-

                                                                    (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER