Haryana

Panchkula

CC/2/2017

YASHPAL & ANOTHER - Complainant(s)

Versus

AIR INDIA - Opp.Party(s)

ROBIN SATHI

03 May 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

1.       Yashpal s/o Sh.Kali Ram,

2.       Neeta Chaudhary w/o Sh.Yashpal

          Both R/o House No.502, GHS-70, Sector-20, Panchkula.

                                                                                        ….Complainants

Versus

1.       The Manager, Air India, SCO No.162-164, Sector 34-A, Chandigarh.

2.       Akbar Online Booking Company Pvt. Ltd., 1^st Floor, 62, Janjikar Street, Bombay-400003 through its Branch Manager/authorized signatory.

                                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

Mr.Jagmohan Singh, Member.

For the Parties:     Mr.R.S.Sathi, Adv., for the complainant.

                             OP NO.1 already ex-parte.

Mr.Arun Kumar, authorized representative for the Op NO.2.

ORDER

(Dharam Pal, President)

1. The complainants have filed this complaint against the Ops with the averments that they booked three tickets online from the portal of Ops and the amount of Rs.23,879/- was paid through their bank account No.2831101000172 and out of three, one from Delhi to Port Blair, second from Port Blair to Chenni and third from Pondicheri to Delhi via Banglore. Airline e-ticket Ref. No.AT150174141 was issued to the complainants whereby the complainants were boarded on 07.11.2015 from Pondichery to Banglore in Flight No.92510 on the Air India Airline. The departure time from Pondichery was shown as 16-55. On the same date on the connected flight, the complainants were to proceed from Banglore to New Delhi on Flight No.404 on Air India Airline at 20:15. In the evening on 06.11.2015, the complainants were intimated by the official of Air India that the flight No.9510 from Pondichery to Banglore which was flying on 07.11.2015 had been cancelled. The complainants asked for the reason for cancellation of flight but they did not reply for the same. But the complainants were to catch the connected flight from Banglore to New Delhi on the same day, therefore, they requested the OP No.1 at Pondicherry to make the alternative arrangements but to no avail. The complainants have no other option, they boarded the Taxi early in the morning from Pondichery to reach Banglore so that they could board the flight No.404 to New Delhi and they have to pay Rs.10,000/- for the Taxi. The complainants reached Banglore Airport at 16 hours on 07.11.2015. Thereafter, on 16.11.2015, the son of the complainant sent a mail to the OP NO.1 which was replied on 20.11.2015 and informed him to get in touch with the office. After sending several emails by the complainants, the OP No.1 refunded an amount of Rs.7609/- only in the first week of December. The complainants also severed legal notice on 11.02.2016 to the Ops which was replied on false and frivolous facts and also failed to comply with the legal notice. Initially, the complainants filed a complaint before the District Consumer Forum, U.T.,Chandigarh which was dismissed as withdrawn with liberty to file fresh one before the appropriate authority vide order dated 13.10.2016. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the Op No.1 through registered post. But none has appeared on behalf of the Op No.1, it is deemed to be served. The Op No.1 was proceeded against ex-parte vide order dated 15.02.2017.
3. The Op No.2 appeared before this Forum and filed written statement. It is submitted that the Op No.2 is a well reputed company in the industry of travels arrangement and allied activities. The Op No.2 has excelled its business through its online portal
4. The counsel for the complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-6 and closed the evidence. On the other hand, counsel for the OP NO.2 has tendered the evidence by way of affidavit Annexure R2/A alongwith documents Annexure R2/1 to R2/4 and closed the evidence.
5. We have heard learned counsel for the complainant & authorized representative for the Op No.2 and have also perused the record.
6. Admittedly, the complainant booked three tickets online at the portal of Ops from Delhi to Port Blair, Port Blair to Chenni and from Pondicheri to Delhi via Banglore and the payment was made through their bank account. The grievance of the complainant is that they were to board from Pondicheri to Banglore on 07.11.2015 and the connected flight was to proceed from Banglore to New Delhi but in the evening on 06.11.2015, the flight from Pondicheri to Banglore had been cancelled without giving any reason. Due to cancellation of flight, the complainants had to hire a Taxi from Pondichery to reach Banglore and also had to pay Rs.10,000/- as taxi fare. Thereafter, the complainants sent the Ops many emails for refund but the Ops only refunded the amount of Rs.7609/- in the first week of December.
7. On the other hand, the Op No.2 submitted that the flight from Pondichary to Banglore was cancelled which was to fly on 07.11.2015 due to travelling issues and the complainants were also intimated on 06.11.2015 by the officials of Air India in advance as the complainants opted to travel other means of communication and successfully boarded their connected flight from Baglore to New Delhi.  The Op No.2 further submitted that they also took the matter with concerned officials of Air India and also refunded the amount to the complainants.
8. From the above submissions and from thorough perusal of the record, it is clear that the complainants booked three tickets online from the portal of Ops from Delhi to Port Blaire, Port Blaire to Chenni and Ponichery to Delhi via Banglore.  It is also not in dispute that the flight from Pondichary to Banglore was cancelled on 06.11.2015 which was to fly on 07.11.2015 without assigning any reason. The e-mails exchanged between the parties (Annexure C-2) clearly made out that the OPs not only rendered deficient services, but resorted to unfair trade practice, due to their arbitrary decision to cancel the flight, without assigning any reason for the same. There is nothing on record to corroborate the stand taken by OP No.2 in their written statement. The refund an amount of Rs.7609/- establishes that the Ops are deficient in giving their service to the complainants.
9. At one point of time, the OP No.2 in its written statement claimed that the flight was cancelled due to travelling reason and in their reply of legal notice, they submitted that the flight was cancelled due to technical problem cropped up on the part of Air India. Both the statements go unproved for the lack of evidence to corroborate the same. 
10. The Opposite Party No.2 had also claimed in their defence that the OP NO.1 had well intimated the complainant 1 day before about the cancellation of the flight and also made the refund of booking amount of Rs.7609/-, but again failed to place on record any evidence in this regard, but at the same time, the complainants have also not denied the factum of refund made to him.
11. Moreover, the Op No.1 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against them. The non-appearance of the Op No.1 despite notice shows that it has nothing to say in its defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.
12. In our concerted opinion, the Opposite Parties are not fair on their part and this omission on their part to act fairly, caused great harassment to the complainant. The record reveals that the complainant booked the tickets well in advance in order to avoid any inconvenience. But all the dreams of the complainant got shattered due to the deficient as well as arbitrary services rendered by OPs and was forced to pay an extra amount for on the spot booking, which they never intended to pay.  In our considered opinion, the rules and regulations are meant to provide the guidelines to deal with the particular (emergent) situation in the prescribed manner and they should not molded as per the suitability.  If the Airlines (OP NO.1) had to cancel the flight without assigning any urgent reason, then what is necessity to allure the customers/passengers to go for advance bookings by paying less of the amount, which in deed comes out differently when the proposed flight got cancelled for no valid reasons.  This arbitrary practice needs to be curbed for the benefit of the public at large.
13. In view of the above observations, we are of the opinion that OPs are not only liable on account of their deficiency in service but also liable having indulging in unfair trade practice.  However, as the complainant has not placed on record any proof in regard to expenses incurred amounting to Rs.10,000/- for the taxi hired by him for the journey from Pondichery to Banglore, we are not passing any order for the refund.
14. As the deficiency in service on the part of OPs is proved, therefore, the present complaint deserves to be allowed against Opposite Parties. Accordingly, the complaint is allowed against OPs. The OPs are jointly & severally directed as under:-

a)       To refund the full amount of the cancelled tickets of the complainants alongwith 9% interest from the date of deduction of amount of tickets till release of money.

b)       To pay a sum of Rs.20,000/- as compensation to the complainant on account of mental tension, agony, harassment suffered on account of deficiency in service and for the unfair trade practice of Opposite Party No.1 & 2.

c)       To pay Rs.5,000/- as litigation expenses.

15. Let the order be complied with within the period of 30 days from the receipt of certified copy of this order. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

Announced

03.05.2017 JAGMOHAN SINGH   ANITA KAPOOR     DHARAM PAL

                      MEMBER                   MEMBER                PRESIDENT

Note: Each and every page of this order has been duly signed by me.

                                                         DHARAM PAL

                                                          PRESIDENT