Order no. 12
The case of the complainant in brief is that the complainant booked ticket for availing flight from Kolkata to Udaipur and paid Rs.7971/-. The flight no.AI 21 which was scheduled to depart at 10-00 hrs. from Kolkata on 2.2.18 and to arrive at New Delhi at 12-10 hrs. and the flight no.AI 471 which was scheduled to depart at 13-10 hrs. from New Delhi. The complainant entered the flight within time at 9-45 hrs. and the flight was ready for departure. However, all on a sudden the captain of the flight announced that the flight cannot take off as some connecting passengers from AI 754 arrived at Kolkata from Silchar at 9-45 hrs. and they would avail the flight AI 21 for which the flight was delayed in taking off by 15 minutes. Ultimately the flight reached at New Delhi Airport at 12-40 hrs. The complainant in order to avail the flight to Udaipur being flight no.AI 471 rushed to avail of AI 471 at 13-10 hrs. by which time the boarding gate was closed and the complainant was denied to board the aircraft. The complainant, thereafter, requested the staff of o.p. at New Delhi Airport to make some arrangement for flight to Udaipur, o.p. failed to make any arrangement. The complainant, thereafter, on enquiry came to learn that one seat was available on Spice Jet flight being SG 2639 and requested the o.p.’s ticket sales counter to endorse his ticket in the Spice Jet. Ultimately the complainant booked one ticket of Spice Jet SG 2639 dt.2.2.18, the schedule for departure at 18-55 hrs. and the complainant paid the ticket fare amounting to Rs.16,446/- and also had to pay excess luggage charges of 10 kg the total cost of which including the price of the ticket was of Rs.18,266/-. On the basis of the said fact the complainant has stated that there is deficiency in service on the part of o.p. and the complainant could not avail the flight for Udaipur and as such, the complainant filed this case praying for direction upon the o.p. to pay the flight ticket fare paid by him as well as compensation and litigation cost.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that AI 021 was pushed back at 10-15 hrs. due to acceptance of 34 connecting passengers from AI 754. The delay was committed for such acceptance of 34 passengers was only for 15 minutes. The flight AI 021 was delayed for sometime due to air traffic congestion at Kolkata. The arrival at Delhi of the flight AI 021 of 2.2.18 was delayed due to non availability of parking space, thereby causing the undesirable delay which was beyond the control of the airline. It was further stated that efforts were made at Delhi Airport to accommodate the complainant to Udaipur by o.p.’s next available flight and also hotel accommodation at Delhi which was not accepted by the complainant. It has also been emphasized that as per 3.1 of the general conditions of carriage of passengers and baggage of Air India the ticket constitutes prima facie evidence of the contract of carriage between carrier and passenger. The complainant availed the service of o.p. for his flight from Kolkata to Delhi. As per Civil Aviation Requirements (CAR) which states that ‘the operating airline would not have the obligation to pay compensation in case where the cancellation and delays have been caused by an event (s) of force majure, i.e. extraordinary circumstances beyond the control of the airline, the impact of which lead to the cancellation / delay of flight and which could not have been avoided even if all reasonable measures had been taken by the airline’. In this case the arrival of delayed flight on that day was completely beyond the control of o.p. On the basis of the said fact it was categorically denied that due to any deficiency in service the complainant suffered harassment and he was forced to pay Rs.18,266/- for another flight to Udaipur and there was any non cooperation on the part of the staff and members of o.p. On the basis of the said fact o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant availed the flight on that date?
- Whether due to delay of arrival of the flight the complainant failed to avail the connecting flight on that date?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that due to delay in arrival of the flight which the complainant availed of on the date of journey the complainant could not get the connecting flight at Delhi Airport forgoing to Udaipur. The complainant ultimately had to purchase the ticket at a price of Rs.18,266/- including the charges for extra luggage carried by him since Spice Jet allowed the passenger to carry 15 kg only, but the complainant carried more than that which was permissible to carry in Air India flight. It has also been alleged by the complainant that the complainant was not provided with assistance by staff of o.p. and in spite of going to have the flight for Udaipur reached the terminal wherefrom the flight was going to take off, but he was not allowed to enter the gate, though the flight was waiting at the airport for departure to Udaipur. The complainant was assured by the crew member of AI 21 that they will make necessary arrangement for the complainant so that he can avail the flight for Udaipur, but unfortunately no cooperation was rendered for which the complainant suffered and ultimately he had to file this case. In support of his contention ld. lawyer for the complainant relied on a decision as reported in 2013(3) CPR 197 (NC) whereby it was categorically stated that due to delay of the flight and not availing the connecting flight caused deficiency in service to the passengers and thereby the complainant was provided the compensation and litigation cost etc. On the basis of the said judgment ld. lawyer argued that the complainant has proved that there was delay in flight for which the complainant could not avail the said flight for which the complainant has suffered and the complainant will be entitled to get the price of the ticket purchased by him as well as compensation and litigation cost.
Ld. lawyer for the o.ps. argued that AI 021 was pushed back at 10-15 hrs. due to acceptance of 34 connecting passengers from AI 754. The delay was committed for such acceptance of 34 passengers was only for 15 minutes. The flight AI 021 was delayed for sometime due to air traffic congestion at Kolkata. The arrival at Delhi of the flight AI 021 of 2.2.18 was delayed due to non availability of parking space, thereby causing the undesirable delay which was beyond the control of the airline. It was further stated that efforts were made at Delhi Airport to accommodate the complainant to Udaipur by o.p.’s next available flight and also hotel accommodation at Delhi which was not accepted by the complainant. It has also been emphasized that as per 3.1 of the general conditions of carriage of passengers and baggage of Air India the ticket constitutes prima facie evidence of the contract of carriage between carrier and passenger. The complainant availed the service of o.p. for his flight from Kolkata to Delhi. As per Civil Aviation Requirements (CAR) which states that ‘the operating airline would not have the obligation to pay compensation in case where the cancellation and delays have been caused by an event (s) of force majure, i.e. extraordinary circumstances beyond the control of the airline, the impact of which lead to the cancellation / delay of flight and which could not have been avoided even if all reasonable measures had been taken by the airline’. In this case the arrival of delayed flight on that day was completely beyond the control of o.p. On the basis of the said fact it was categorically denied that due to any deficiency in service the complainant suffered harassment and he was forced to pay Rs.18,266/- for another flight to Udaipur and there was any non cooperation on the part of the staff and members of o.p. On the basis of the said fact o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant availed the flight of AI 21 which was scheduled to depart at 10-00 hrs. While the flight was going to depart at that time it was announced that there will be some delay in taking off the flight due to some passengers who were coming in a flight from Silchar and to provide them to avail the flight some delay would be caused. The complainant, thereafter, brought to the noticed of the crew members of the flight and he was all along assured that they will make arrangement for availing of the flight of Udaipur from Delhi. But it is curious enough that on arrival at Delhi Airport the complainant noticed that the flight for Udaipur was going to be left by different terminal and he had to rush there and on reaching there he was not allowed to enter the gate, though the flight did not take off at that time. The wife of the complainant had been at the said flight who availed the flight from Delhi and requested the crew members for waiting for some time so that her husband can avail the flight. The ground staff of o.p. did not cooperate with the complainant for which he could not reach at the terminal within the scheduled time which also caused due to arrival of the flight at Delhi Airport in late by the flight going from Kolkata to Delhi. In view of such facts and circumstances of the case and relying on the decision as reported in 2013(3) CPR 197 (NC) we hold that there is deficiency in service on the part of o.p. and the complainant will be entitled to get the reimbursement of the amount spent by him for purchasing the flight ticket for going from Delhi to Udaipur. It has also come in the record that the complainant was provided with another flight of o.p. and he was also provided the accommodation at Delhi Airport, but the complainant failed to avail of the same and he somehow he managed to get a ticket in Spice Jet for reaching at Udaipur and for that reason he had to purchase the ticket at an exorbitant rate of Rs.18,266/- including extra luggage charges which the complainant had been entitled to get AI flight. Having regard to the facts and circumstances of the case we hold that there is deficiency in service on the part of o.p. and the complainant will be entitled to get the expenses incurred by him for purchasing the ticket as well as compensation and litigation cost. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No. 05/2019 is allowed on contest with cost against the o.p. The o.p. is directed to pay the price of the ticket valued at Rs.18,266/- (Rupees eighteen thousand two hundred sixty six) only to the complainant along with compensation of Rs.2000/- (Rupees two thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
