BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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1]  Er.R.P.Bhatti, Chief Engineer, Punjab Mandi Board, Chandigarh.

2]  Er.Tarsem Lal Garg, Superintending Engineer, Punjab Mandi Board, #426, Sector 44-A, Chandigarh.

3]  Er. Such Nand, Chief Engineer (Retd), Punjab Mandi Board, Kothi No.532, Sector 8, Panchkula.

…..Complainants

                 V E R S U S

GO Airlines through its Officer-in-charge, Chandigarh domestic Airport, Chandigarh.  

                      ……Opposite Party

CORAM:   SH.P.D.GOEL                 PRESIDENT

         SH.RAJINDER SINGH GILL        MEMBER

              DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by: Sh.Tarsem lal Garg, Complainant No.2 in person and

authorized representative of complainant No.1 & 3.

Sh.Gaurav Bhardwaj, Proxy Counsel for Sh.Paras Money Goyal, Counsel for OP.

PER DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

         The complainants have filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”.

          Briefly stated, the complainants, along with their spouses, booked air tickets of OP Airlines for their official tour from Chandigarh to Mumbai. The complainants were to attend the 71^st Session of Indian Road Congress (Annexure A) as Official Delegates. The Itinerary and Reservation Details and Tickets have been annexed with the complaint as Ann.B-1/4 to Ann.B-4/4.  It was the case of the complainants that they reached the airport in time and got the boarding passes issued (Ann.C-1/2 & C-2/2).  Thereafter, it was announced by the OP that the flight is late due to technical fault and likely to take off at 14.00 hours.  At 13.00 hours further announcement was made by OP that flight would take off at 16.00 hours. The complainants immediately approached the Officer-in-Charge of OP and apprised him of situation that their connecting flight will miss due to this delayed flight and requested him to make alternative arrangement for them to reach Mumbai through some other airline flight; on that account the Officer-in-charge of OP assured that the flight will be definitely connecting the further flight from Mumbai to Nagpur as he had spoken to his counterpart at Mumbai for making such arrangement for the complainants.  But to their utter shock and surprise, when they reached Mumbai, the connecting flight had already been taken off. Then, they approached to the Officer-in-Charge there, of the OP, but to no avail. It is averred that distressed from the attitude and behaviour of the GoAir Officer, complainants had to purchase fresh air tickets of Indigo Airline for next day on 12.11.2010 (Annexure D) and also stayed at Mumbai in a hotel at their own expenses [Ann.C-X (colly)]. In the circumstances, mentioned above, finally the complainants reached at 18.00 hours i.e. 22 hours behind the schedule due to erroneous and desperate attitude of GoAir Officers. It was stated by the aggrieved passengers that they were deprived of the knowledge, which they would have gained, had they reached the venue well in time.  Meaning thereby, they were deprived of that knowledge, which would be useful for their career as well as in the national interest.  They pleaded that they not only suffered mental and physical harassment, apart from unnecessary expenditure, but also suffered irreparable loss by not acquiring available knowledge for which they were deputed by the concerned government. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2]       The OP in their written reply, while admitting the factual matrix of the case, pleaded that the flight was delayed due to technical fault, which was beyond the control of the Airlines. In support of their versions, the OP has placed on record Incident Report Form, wherein Pilot’s Report has been mentioned. Thus, pleading there was no negligence & deficiency on the part of the OP and denying rest of the allegations of the complainants, it is prayed that the complaint be dismissed.

3]       Parties led evidence in support of their contentions.

4]      We have heard Complainant NO.2 in person and authorized representative of complainants No.1 & 3, the ld.Counsel for OP and have also perused the record.

5]      The crux of the matter in this, is that admittedly, the complainants booked air tickets of OP Airlines for their official tour (Ann.B-1/4 to Ann.B-4/4) from Chandigarh to Mumbai, to attend the 71^st Session of Indian Road Congress (Annexure A).  When they reached the airport and boarding passes were issued (Ann.C-1/2 & C-2/2), suddenly, there was announcement regarding delay of the said flight and the reason for delay was technical fault in the Aircraft.  Sensing the gravity of the situation, due to the delayed flight, the complainants immediately contacted the OP for making alternative arrangement to reach Mumbai, henceforth the official of the OP assured that the flight in question would connect the flight from Mumbai to Nagpur as he had talked to his counterpart at Mumbai. Surprisingly, when they reached Mumbai, the connecting flight had already been taken off.  Feeling aggrieved by the conduct of the OP, the complainants have no other option, but to purchase fresh air tickets of Indigo Airline Annexure-D for next day on 12.11.2010 and had to stay at Mumbai in a Hotel at their own expenses.

6]       On the other hand, the OP, in the written statement, has pleaded that the flight was delayed due to technical fault, which was beyond their control; thus denied any negligence or deficiency on their part. To prove the said fact, they have placed on record Incident Report Form that the situation was certainly out of their control.

7]       It is an admitted fact, that the complainants approached the Officer-in-Charge of OP Airlines.  It is also an admitted fact that the flight of OP was delayed, though they have put reliance of such delay due to technical fault; but OP denied that their Officer-in-Incharge had ever given any assurance that they will catch the connecting flight from Mumbai to Nagpur. They further contended that the complainants have not provided any evidence in this connection.

8]       It is also an admitted fact that the complainants were Officer of the State Government and they were on their Official tour, to attend the 71^st Session of Indian Road Congress (Annexure A).  The delayed flight had defeated the purpose of the complainants, for which they were supposed to reach the Venue on time.  It was the lawful duty of the OP and within their purview that some alternative arrangement should have been made, so that the passengers of the delayed flight should not have been stagnated for such a long time i.e. nearly about 22 hours (as contended by the complainants and remained unrebutted by the OP). It is a clear negligence on their part, due to which the complainants, the passengers of the OP, suffered physical & mental harassment, for which they should have been compensated by the OP Airline, in order to save time and to reach their destinations.      

9]       The OP has placed on record Incident Report Form, in order to prove their case, which is duly signed by their Reporting AME Sh.R.K.Khanna.  These are merely carbon copies, prepared by their own internal system, which sans any affidavit as a matter of supporting document, in order to prove the authenticity of the said document and to prove the bona-fide of OP.  This shows that they have tried to escape the liability casted upon them. In this way, the OP tried to deprive of the lawful claim of the complainants, just by placing these documents, which can be termed fabricated in the absence of any affidavit, which might put a stamp on the authenticity of these documents.

10]      The OP, by way of this document wants to prove that there was no negligence on their part, rather the delay caused due to the technical snag in the aircraft.  The OP placed on record this document (Incident Report Form) signed by Sh.R.K.Khanna as Reporting AME, as a matter of proof, to prove their inability to do the needful.

11]      After perusing these documents carefully, it has been established, that these are carbon copies, prepared by OP at their own stance and also by their internal system. Moreover, there is no affidavit supporting these papers to prove the authenticity or bonafide of these documents.

12]      If there was a technical snag in the aircraft and the situation was out of the control of OP, even then it is not believable that there could not be any alternative arrangement and it was an impossible task for the OP Airline to make alternative arrangement for the passengers/ complainants, who were stagnated for such a long span of time, for no fault of their own. Therefore, the complainants have to certainly spent money out of their own pocket, in order to reach their destination.  One can easily imagine that how much harassment was caused as well as quantum of energy & efforts, the complainants might have spent in such a peculiar situation.

13]      It is a matter of common sense, how much difficult it is, for anyone to sit idle at one place for about 22 hours, for no fault of their own and that had actually happened with the complainants for which the OP cannot escape their liability and responsibility.    

14]      It can be termed that the OP had nothing to say, in their favour and rebut the allegations made by the complainants; who have alleged deficiency in service as well as unfair trade practice on the part of the Go Airlines (Opposite Party).

15]      In our considered opinion, such papers/document may be prepared/fabricated by the OP, in their favour, just to escape from the liability/penalty, and to make themselves scot free, from the curious eyes of law.

16]                 In view of the foregoing, after taking into consideration the pleadings as well as evidence led by the parties, we are of the considered opinion that the OP Company was deficienct in providing proper services to the complainants.  The present complaint has lot of merit, weight and substance.  The same is accordingly allowed.  The OP is directed to pay Rs.6,062/- to each of the complainants i.e. Rs.18,186/- which they had spent for the purchase of air tickets of Indigo Flight plus Rs.9830/- spent by them for one day Hotel Stay at Mumbai (18,186 + 9830/- = Rs.28,016/-)

         The OP is also directed to pay a compensation of Rs.25,000/- apart from Rs.10,000/- as litigation costs.

17]      The order be complied with by the OP within a period of 30 days from the date of receipt of copy of this order, failing which the OP shall be liable to pay interest on the above said awarded amount @12% p.a. from the date of filing this complaint i.e. 09.12.2010 till its actual payment, besides paying litigation cost of Rs.10,000/.-

18]     Certified copies of this order be sent to the parties free of charge. The file be consigned.